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Article II. Judicial Notice

Idaho Rules of Evidence Rule 201. Judicial Notice of Adjudicative Facts.

(a)  Scope of rule. This rule governs only judicial notice of adjudicative facts. 

    

(b)  Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. 

    

(c)  When discretionary. A court may take judicial notice, whether requested or not. When a court takes judicial notice of records, exhibits, or transcripts from the court file in the same or a separate case, the court shall identify the specific documents or items that were so noticed. 

    

(d)  When mandatory. When a party makes an oral or written request that a court take judicial notice of records, exhibits or transcripts from the court file in the same or a separate case, the party shall identify the specific documents or items    for which the judicial notice is requested or shall proffer to the court and serve on all parties copies of such documents or items.A court shall take judicial notice if requested by a party and supplied with the necessary information. 

    

(e)  Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. 

    

(f)  Time of taking notice. Judicial notice may be taken at any stage of the proceeding. 

    

(g)  Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. 

    

(Adopted January 8, 1985, effective July 1, 1985; amended March 21, 2007, effective July 1, 2007.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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