Judicial Notice

[sadie]

M.R.E. 201
MISSISSIPPI RULES OF EVIDENCE
(As Amended)

RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
o (a) Scope of Rule.
o (b) Kinds of Facts.
o (c) When Discretionary.
o (d) When Mandatory.
o (e) Opportunity to Be Heard.
o (f) Time of Taking Notice.
o (g) Instructing Jury.
o Comment
(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.
(d) When Mandatory. 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.

Check out for your state and the fed rules should be basically the same.

(d) Mandatory
(g) Instructing a jury

If we submit our evidence of default with a judicial notice it is mandatory that the judge look at this evidence

Also according to (g) this is conclusive evidence

What to do you think?

[scottinalaska]

Sadie

I really like the "conclusive evidence" part. If that be the case, then Judicial Notice needs to be a ready template on all of our computers with all of our one way correspondence.
THanks for searching this out. My Alaska code states the same "Conclusive Evidence" and the following as well under "Scope of Rule:"
Judicial notice of a fact as used in this rule means a court's on-the-record declaration of the existence of a fact normally decided by the trier of fact, without requiring proof of that fact.
With this in mind, I hope to not hear a judge say, "Do you have proof of any of this for the court?"
scott