변호사 이재욱의 미국법 이야기 (Attorney Lee's commentary about U.S. law)

ARTICLE II. JUDICIAL NOTICE

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Table of Contents

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Article I. General Provisions

Article II. Judicial Notice

Rule 201

Rule 202

Rule 203

Rule 204

Article III. Presumptions

Article IV. Relevancy and Its Limits

Article V. Privileges

Article VI. Witnesses

Article VII. Opinions and Expert Testimony

Article VIII. Hearsay

Article X. Contents of Writings, Recordings, and Photographs

Revised Rule 202. Judicial Notice of Legislative Facts [changes highlighted]
(a) Scope of rule. This rule governs only judicial notice of legislative facts. Legislative facts are those facts that are necessary to interpret the scope and meaning of the law. Legislative facts do not directly relate to the matters in dispute between the parties before the court.

• Click here to see commentary on Revised Article 202(a). 

(b) Kinds of facts. A judicially noticed fact under this rule must be one that is of reasonable reliability.

• Click here to see commentary on Revised Article 202(b). 

(c) When discretionary. Judicial notice under this rule is always discretionary.

• Click here to see commentary on Revised Article 202(c). 

(d) Time of taking judicial notice. Judicial notice under this rule may be taken at any stage of the proceeding.

• Click here to see commentary on Revised Article 202(d). 

(e) Opportunity to be heard. The court may afford the parties the opportunity to be heard as to the propriety of taking judicial notice under this rule if the interests of justice so require, or if the court deems assistance of the parties helpful.

• Click here to see commentary on Revised Article 202(e). 

Revised Rule 202. Judicial Notice of Legislative Facts [clean copy]
(a) Scope of rule. This rule governs only judicial notice of legislative facts. Legislative facts are those facts that are necessary to interpret the scope and meaning of the law. Legislative facts do not directly relate to the matters in dispute between the parties before the court.
(b) Kinds of facts. A judicially noticed fact under this rule must be one that is of reasonable reliability.
(c) When discretionary. Judicial notice under this rule is always discretionary.
(d) Time of taking judicial notice. Judicial notice under this rule may be taken at any stage of the proceeding.
(e) Opportunity to be heard. The court may afford the parties the opportunity to be heard as to the propriety of taking judicial notice under this rule if the interests of justice so require, or if the court deems assistance of the parties helpful.
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