§ 4511. Judicial notice of law.
440 words·~2 min read·
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Rule 4511. Judicial notice of law.
(a)When judicial notice shall be
taken without request. Every court shall take judicial notice without
request of the common law, constitutions and public statutes of the
United States and of every state, territory and jurisdiction of the
United States and of the official compilation of codes, rules and
regulations of the state except those that relate solely to the
organization or internal management of an agency of the state and of all
local laws and county acts.
(b)When judicial notice may be taken without request; when it shall
be taken on request. Every court may take judicial notice without
request of private acts and resolutions of the congress of the United
States and of the legislature of the state; ordinances and regulations
of officers, agencies or governmental subdivisions of the state or of
the United States; and the laws of foreign countries or their political
subdivisions. Judicial notice shall be taken of matters specified in
this subdivision if a party requests it, furnishes the court sufficient
information to enable it to comply with the request, and has given each
adverse party notice of his intention to request it. Notice shall be
given in the pleadings or prior to the presentation of any evidence at
the trial, but a court may require or permit other notice.
(c)Determination by court; review as matter of law. Whether a matter
is judicially noticed or proof is taken, every matter specified in this
section shall be determined by the judge or referee, and included in his
or her findings or charged to the jury. Such findings or charge shall be
subject to review on appeal as a finding or charge on a matter of law.
(d)Evidence to be received on matter to be judicially noticed. In
considering whether a matter of law should be judicially noticed and in
determining the matter of law to be judicially noticed, the court may
consider any testimony, document, information or argument on the
subject, whether offered by a party or discovered through its own
research. Whether or not judicial notice is taken, a printed copy of a
statute or other written law or a proclamation, edict, decree or
ordinance by an executive contained in a book or publication, purporting
to have been published by a government or commonly admitted as evidence
of the existing law in the judicial tribunals of the jurisdiction where
it is in force, is prima facie evidence of such law and the unwritten or
common law of a jurisdiction may be proved by witnesses or printed
reports of cases of the courts of the jurisdiction.