Question
Rule 129 judicial notice when mandatory
Answers
GPT-4o
Rule 129 pertains to judicial notice, a legal concept in which a court recognizes certain facts as being true without requiring formal proof. Judicial notice is taken of facts that are so notorious or well known that they do not require evidence to prove.
Here's a general breakdown of Rule 129 in the context of judicial notice, focusing on when it is mandatory:
1. **Adjudicative Facts**: These are the facts concerning the immediate parties—who did what, where, when, how, and with what motive or intent. More specifically, they are the facts that are in dispute in a trial.
2. **Legislative Facts**: These are facts that help the court to interpret or legislate. They help in the process of making laws or regulations.
### When Mandatory
- **Facts generally known within the jurisdiction**: Courts must take judicial notice of facts that are generally known within the territorial jurisdiction of the court. This might include the fact that a certain street is part of a city's road system or that a particular day of the week corresponds with a specific date.
- **Facts that can be accurately and readily determined**: This includes facts that can be accurately and readily determined by a source whose accuracy cannot reasonably be questioned. For example, dates of universally recognized events, or scientific facts like the boiling point of water at sea level.
### In the Federal Rules of Evidence (FRE)
Under the Federal Rules of Evidence (Rule 201):
- **Rule 201(b)** provides guidance on what kinds of facts are subject to judicial notice. It states, "The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned."
- **Rule 201(c)** states, "The court: (1) may take judicial notice on its own; or (2) must take judicial notice if a party requests it and the court is supplied with the necessary information."
Thus, if a party requests that the court take judicial notice and provides the necessary information, the court is required to take judicial notice.
Remember that the precise formulation of Rule 129 and its application can differ depending on the specific jurisdiction and country in which the rule is applied. For the most accurate and detailed understanding, always refer to the specific legal text and case law relevant to your jurisdiction.
Here's a general breakdown of Rule 129 in the context of judicial notice, focusing on when it is mandatory:
1. **Adjudicative Facts**: These are the facts concerning the immediate parties—who did what, where, when, how, and with what motive or intent. More specifically, they are the facts that are in dispute in a trial.
2. **Legislative Facts**: These are facts that help the court to interpret or legislate. They help in the process of making laws or regulations.
### When Mandatory
- **Facts generally known within the jurisdiction**: Courts must take judicial notice of facts that are generally known within the territorial jurisdiction of the court. This might include the fact that a certain street is part of a city's road system or that a particular day of the week corresponds with a specific date.
- **Facts that can be accurately and readily determined**: This includes facts that can be accurately and readily determined by a source whose accuracy cannot reasonably be questioned. For example, dates of universally recognized events, or scientific facts like the boiling point of water at sea level.
### In the Federal Rules of Evidence (FRE)
Under the Federal Rules of Evidence (Rule 201):
- **Rule 201(b)** provides guidance on what kinds of facts are subject to judicial notice. It states, "The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned."
- **Rule 201(c)** states, "The court: (1) may take judicial notice on its own; or (2) must take judicial notice if a party requests it and the court is supplied with the necessary information."
Thus, if a party requests that the court take judicial notice and provides the necessary information, the court is required to take judicial notice.
Remember that the precise formulation of Rule 129 and its application can differ depending on the specific jurisdiction and country in which the rule is applied. For the most accurate and detailed understanding, always refer to the specific legal text and case law relevant to your jurisdiction.