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Civil procedure

judicial notice

Judicial notice is a court’s acceptance of a well-known and indisputable fact without requiring the party relying on the fact to prove it. The doctrine of judicial notice is one of common sense, and is based on the theory that where a fact is well-known in the community—or its existence is easily determined from sources that cannot be reasonably questioned—it would not be a good use of judicial time and resources to require formal proof of the fact in court. A court may take judicial notice of both facts and laws.

In North Carolina, judicial notice is governed by Rule 201 of the North Carolina Rules of Evidence. This rule allows courts to recognize and accept certain facts that are commonly known within the territorial jurisdiction of the court or can be verified from sources that are beyond dispute. This includes both 'adjudicative facts'—those facts that are typically the subject of proof in proceedings, such as the fact that a particular day of the week fell on a certain date—and 'legislative facts'—generalized facts that help the court determine legal questions and issues, such as the content of state statutes or municipal ordinances. The court can take judicial notice whether requested by a party or on its own initiative. Once a court takes judicial notice of a fact, it is generally accepted without the requirement of further proof, and the jury is instructed to accept the judicially noticed fact as conclusive.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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North-Carolina State Code

Civil procedure

judicial notice

North-Carolina State Code

Articles