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Article II. Judicial Notice

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

(a)  Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

    

(b)  Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:

(1) is generally known within the trial court's territorial jurisdiction; or

(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

    

(c)  Taking 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

When a court takes judicial notice of records, exhibits, or transcripts from the court file in the same or a separate case, the court must identify the specific documents or items so noticed.  When a party requests judicial notice of records, exhibits, or transcripts from the court file in the same or a separate case, the party must identify the specific items for which judicial notice is requested or offer to the court and serve on all parties copies of those items. 

    

(d)  Timing. The court may take judicial notice at any stage of the proceeding.

    

(e)  Opportunity To Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.  If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

    

(f)  Instructing the Jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive.  In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

    

   

(Adopted March 26, 2018, effective July 1, 2018.)

 

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

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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