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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 Tennessee, the concept of judicial notice aligns with the general principles found in both state statutes and federal law. Tennessee courts adhere to the Tennessee Rules of Evidence, specifically Rule 201, which governs judicial notice of adjudicative facts. This rule allows a court to recognize and accept certain facts that are commonly known within the territorial jurisdiction of the court or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Additionally, courts in Tennessee may take judicial notice of the laws, as these are considered public records and include statutes, Tennessee administrative rules, and court decisions. The court can act on its own to take judicial notice or do so at the request of a party. The purpose of judicial notice is to expedite proceedings by avoiding the need to prove facts that are already beyond dispute, thereby conserving judicial resources.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

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Civil procedure

judicial notice