judicial notice

judicial notice
The act by which a court, in conducting a trial, or framing its decision, will, of its own motion or on request of a party, and without the production of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy at bar, which, from their nature, are not properly the subject of testimony, or which are universally regarded as established by common notoriety, e.g., the laws of the state, international law, historical events, the constitution and course of nature, main geographical features, etc. The cognizance of certain facts which judges and jurors may properly take and act upon without proof, because they already know them. Such notice excuses party having burden of establishing fact from necessity of producing formal proof. Hutchinson v. State, Ind., 477 N.E.2d 850, 854. Fed.Evid.Rule 201

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • judicial notice — n: recognition by the court of a fact that is not reasonably disputable and without the introduction of supporting evidence took judicial notice that January 1 is a legal holiday a motion for judicial notice of a fact Merriam Webster’s Dictionary …   Law dictionary

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  • judicial notice — noun In the law of evidence, the power of a court to deem the burden of proof to be established as to a particular fact without the introduction of evidence, because the fact is one that is a matter of common knowledge, or is readily demonstrated …   Wiktionary

  • judicial notice — The cognizance of certain facts which a judge under rules of legal procedure or otherwise may properly take or act upon without proof because they are already known to him or because of that knowledge which a judge has, or is assumed to have by… …   Ballentine's law dictionary

  • judicial notice — noun : the recognition by a court for the purposes of a case of the existence or truth of certain facts as being self evident or common knowledge no evidence is necessary as to any matters of which the court takes judicial notice H.J.Stephen …   Useful english dictionary

  • judicial notice — The act by which a court, in conducting a trial, or framing its decision, will, of its own motion or on request of a party, and without the production of evidence, recognize the existence and truth of certain facts, having a bearing on the… …   Black's law dictionary

  • Judicial Notice of Foreign Law Act — One of the uniform laws …   Ballentine's law dictionary

  • notice — no·tice 1 n 1 a: a notification or communication of a fact, claim, demand, or proceeding see also process, service ◇ The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b …   Law dictionary

  • judicial — ju·di·cial /jü di shəl/ adj [Latin judicialis, from judicium judgment, from judic judex judge, from jus right, law + dicere to determine, say] 1 a: of or relating to a judgment, the function of judging, the administration of justice, or the… …   Law dictionary

  • judicial cognizance — Judicial notice, or knowledge upon which a judge is bound to act without having it proved in evidence. See judicial notice …   Black's law dictionary

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