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 Utah, the concept of judicial notice is governed by Rule 201 of the Utah Rules of Evidence. This rule allows Utah courts to take judicial notice of facts that are not subject to reasonable dispute because they are either generally known within the territorial jurisdiction of the court or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Additionally, Utah courts may take judicial notice of laws, including statutes, regulations, and ordinances, as well as the decisional, constitutional, and public records of any state or federal court. The rule also outlines the procedures for requesting judicial notice and the opposing party's right to be heard on the matter. Judicial notice can be taken at any stage of the proceeding, and once a court takes judicial notice of a fact, it is considered as conclusive in civil cases. In criminal cases, however, the jury is instructed that it may, but is not required to, accept as conclusive any fact judicially noticed.