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 Virginia, judicial notice is governed by the Virginia Rules of Evidence, specifically Rule 2:201, which aligns with the principles described. This rule allows Virginia courts to take judicial notice of adjudicative 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, Virginia courts may take judicial notice of laws, which include the statutes and judicial decisions of Virginia, federal laws, and the laws of other states. The court may take judicial notice at any stage of the proceeding, and it may do so on its own 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. However, parties are typically given an opportunity to be heard on the propriety of taking judicial notice if they request it.