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If particular facts are outside of reasonable controversy, this process is dispensed with as unnecessary. The usual method of establishing adjudicative facts in through the introduction of evidence, ordinarily consisting of the testimony of witnesses. 15 (1958) A System of Judicial Notice Based on Fairness and Convenience, in Perspectives of Law 69 (1964). 945 (1955) Administrative Law Treatise, ch. In addition, see the same author's Judicial Notice, 55 Colum.L. The following discussion draws extensively upon his writings. The terminology was coined by Professor Kenneth Davis in his article An Approach to Problems of Evidence in the Administrative Process, 55 Harv.L.Rev. Legislative facts, on the other hand, are those which have relevance to legal reasoning and the lawmaking process, whether in the formulation of a legal principle or ruling by a judge or court or in the enactment of a legislative body. Adjudicative facts are simply the facts of the particular case. The omission of any treatment of legislative facts results from fundamental differences between adjudicative facts and legislative facts. Judicial notice of matters of foreign law is treated in Rule 44.1 of the Federal Rules of Civil Procedure and Rule 26.1 of the Federal Rules of Criminal Procedure. No rule deals with judicial notice of “legislative” facts. It deals only with judicial notice of “adjudicative” facts. This is the only evidence rule on the subject of judicial notice. Notes of Advisory Committee on Proposed Rules In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. If the court takes judicial notice before notifying a party, the party, on request, is still entitled 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. The court may take judicial notice at any stage of the proceeding. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. (1) may take judicial notice on its own or
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(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
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(1) is generally known within the trial court’s territorial jurisdiction or The court may judicially notice a fact that is not subject to reasonable dispute because it: (b) Kinds of Facts That May Be Judicially Noticed. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.