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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 Vermont, the concept of judicial notice aligns with the general principles found in both state statutes and federal law. Vermont Rule of Evidence 201 allows courts to take judicial notice of a fact that is not subject to reasonable dispute because it is 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. This includes facts and laws. For instance, a Vermont court might take judicial notice of the fact that the state capital is Montpelier, as this is a well-known fact and easily verifiable. Similarly, courts can recognize laws, regulations, and official government records without requiring formal presentation of evidence. 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

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Vermont State Code

Vermont State Code

Civil procedure

judicial notice

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