Also known as: Fed. R. Evid. 201 · FRE 201 · Rule 201 · judicial notice
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence authorizing a court to recognize adjudicative facts without formal proof when the facts are not subject to reasonable dispute. Recognition occurs because the facts are generally known within the territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. The rule limits judicial notice to adjudicative facts and supplies procedures for taking notice on the court's own motion or at a party's request.
Select any source to read its text and confirm it supports the definition.
Finn Fletcher sued Franklin Foundry for breach of a software licensing agreement. During trial the judge displayed an app store record on a courtroom screen and announced she would recognize the first public release date of the defendant's product. The court acted without any party request and supplied the necessary information through the displayed record.
Forrest Falconer sought damages from Flagship Logistics after a delivery delay caused by weather. Forrest requested judicial notice of official sunrise and sunset times on the relevant date and supplied printouts from the U.S. Naval Observatory. The court granted the request because the party supplied the necessary information from an authoritative source.
Freya Freeman sued Fulton Shipping after cargo damage during transit. The court took judicial notice of harbor depth measurements before notifying the parties. Freya promptly requested a hearing on the propriety of the notice and the nature of the measurements noticed.
Felix Franco sued Frostline Textiles after a workplace injury. His expert relied on passages from an industry safety manual during direct examination. The court took judicial notice that the manual qualified as a reliable authority, allowing the expert to read the statements into evidence without admitting the manual as an exhibit.
Francesca Fiore filed an antitrust complaint against Franklin Foundry alleging parallel pricing conduct. The complaint referenced industry-wide pricing data that the court later recognized as generally known within the relevant market. Recognition allowed the court to evaluate whether the pleaded facts stated a plausible claim without requiring additional evidentiary support at that stage.
Francesca Fowler challenged an agency order after her employer was cited for safety violations. On appeal the reviewing court recognized official weather records from the date of the inspection. The recognition occurred at the appellate stage and established the conditions under which the inspection took place.
A court must take judicial notice when a party requests it and supplies the necessary information showing the fact is not subject to reasonable dispute. The request can occur at any stage of the proceeding. The rule distinguishes this mandatory obligation from the court's discretionary authority to notice facts on its own motion.
Supporting sources
…the District Court was entitled to take notice of the full contents of the published articles referenced in the complaint under Fed. R. Evid. 201. Notebaert was also quoted as saying that entering new markets as a CLEC would not be "a sustainable economic model" because the CLEC pricing model is "just ... nuts," and that the…
…jury's securing the information it sought from petitioner by other means.[^maj-9] The Supreme Judicial Court, however, took "judicial notice
…S. C. § 3481. [^disA-5]: See generally 8 Wigmore, Evidence § 2250 (McNaughton rev. ed. 1961). [^disA-6]: Model Code of Evidence, Rule 201 (1942); Uniform Rule
…other hand, cite a considerable body of evidence and opinion indicating that there is no such deterrent effect. Although we take
…the Texas appellate court deferred to the jury's finding. Id. at 565. That court rejected the defendant's invitation to take judicial notice
On timely request a party is entitled to be heard on the propriety of taking judicial notice and on the nature of the fact noticed. The opportunity exists even if the court took notice before notifying the party. This procedural protection applies whether notice occurs on the court's motion or at another party's request.
Supporting sources
A court may establish a publication as a reliable authority through judicial notice when an expert's testimony alone is insufficient. Once established the statements may be read into evidence but the publication itself is not received as an exhibit. This route supplements the expert's own admission or another expert's testimony.
Yes. The rule applies to any adjudicative fact that meets the not-subject-to-reasonable-dispute standard regardless of its importance to the outcome. Official records from government sources routinely qualify when they supply objective data such as gauge readings or weather measurements.
The court must instruct the jury to accept the noticed fact as conclusive. This mandatory instruction reflects the civil preponderance standard and prevents the jury from second-guessing indisputable facts. The rule provides a different, more flexible instruction in criminal cases.