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 South Carolina, the concept of judicial notice aligns with the general principles found in other jurisdictions. Judicial notice allows courts to accept certain facts that are commonly known within the territory of the court or can be verified from unquestionable sources, without requiring formal proof. This can include facts that are part of the general knowledge in the community or are easily verifiable from reliable sources, such as maps, government records, and scientific data that are beyond dispute. South Carolina courts may also take judicial notice of laws, which includes statutes, regulations, and case law. The South Carolina Rules of Evidence, particularly Rule 201, govern the use of judicial notice in the state's courts. This rule outlines the types of facts that may be judicially noticed and the circumstances under which a court must or may take judicial notice. It also provides guidance on how parties may request judicial notice and how courts should inform parties of their intention to take judicial notice, ensuring that the process is fair and that parties have an opportunity to be heard on the matter.