Specifically, the Court upheld a Minnesota statute preventing loan companies from foreclosing on homes beforedespite mortgage agreements allowing companies the right to do so.
Judicial notice may be based on "sources whose accuracy cannot reasonably be questioned," such as Lincoln's almanac.
Judicial notice of legislative facts
Since the present rule deals only with judicial notice of adjudicative facts, arguments directed to legislative facts lose their relevancy. Subdivision e. Judicial notice is a branch of the law of evidence. In a civil trial, the fact taken notice of is thereby conclusively proved. These items could not possibly be introduced into evidence, and no one suggests that they be. In contrast, the present rule treats alike all adjudicative facts which are subject to judicial notice. The court: 1 may take judicial notice on its own; or 2 must take judicial notice if a party requests it and the court is supplied with the necessary information. By rules effective July 1, , the method of invoking the law of a foreign country is covered elsewhere. Ample protection and flexibility are afforded by the broad provision for opportunity to be heard on request, set forth in subdivision e. He may consult the sources of pertinent data to which they refer, or he may refuse to do so. It should, however, leave open the possibility of introducing evidence through regular channels in appropriate situations. Opposing counsel can object, but judges need not obtain evidence to overrule the objection.
Judicial notice is a limited concept confined to such things as public statutes, the calendar, geography, notorious facts and some other matters. Lincoln produced a copy of the Farmers' Almanac, and asked the judge to take judicial notice that the moon was too low in the sky to produce moonlight on the night in question.
Furthermore, statutory decision-makers, particularly those exercising powers involving a high policy content, may usually take account of their general knowledge of the regulated area in reaching a decision.
Facts of which court must take judicial notice
Nor are they tested by cross-examination. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. In the absence of prior notification, the request may be made after judicial notice has been taken. See McCormick This approach is followed in the present rule. Gardner, F. The court may take judicial notice at any stage of the proceeding. The rule requires the granting of that opportunity upon request. In contrast, the present rule treats alike all adjudicative facts which are subject to judicial notice. In view of these considerations, the regulation of judicial notice of facts by the present rule extends only to adjudicative facts. When a witness in an automobile accident case says car, everyone, judge and jury included, furnishes, from non-evidence sources within himself, the supplementing information that the car is an automobile, not a railroad car, that it is self-propelled probably by an internal combustion engine, that it may be assumed to have four wheels with pneumatic rubber tires, and so on. Basic considerations of procedural fairness demand an opportunity to be heard on the propriety of taking judicial notice and the tenor of the matter noticed. This rule governs only judicial notice of adjudicative facts. Furthermore, statutory decision-makers, particularly those exercising powers involving a high policy content, may usually take account of their general knowledge of the regulated area in reaching a decision. He may reject the propositions of either party or of both parties.
An illustration is Hawkins v. Rimmer, N.
This tradition of circumspection appears to be soundly based, and no reason to depart from it is apparent. Rule c is often implied when dealing with the validity of scientific tests.
Under the wording of the rule, judicial notice is permissive if the court takes such notice on its own but mandatory if a party requests it and the court is supplied with the necessary information. Rule Gardner, F. A court may take judicial notice, whether requested or not. Basic considerations of procedural fairness demand an opportunity to be heard on the propriety of taking judicial notice and the tenor of the matter noticed.
based on 20 review