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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 New Jersey, the concept of judicial notice is governed by the New Jersey Rules of Evidence, specifically Rule 201. This rule allows courts to take judicial notice of a fact that is not subject to reasonable dispute because it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. New Jersey courts can take judicial notice of both adjudicative facts and law. Adjudicative facts are those facts that are typically the subject of investigation in a trial, while laws include statutes, judicial decisions, and administrative regulations. The court may take judicial notice at any stage of the proceeding, and it may do so on its own initiative or upon request by a party. When a court takes judicial notice of a fact, it is accepted as true without the need for further evidence or proof.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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New-Jersey State Code

New-Jersey State Code

Civil procedure

judicial notice

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