Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be reasonably doubted. When judicial notice is discretionary, it means that the judge has the authority to decide whether or not to take judicial notice of a particular fact.
In other words, even if a fact could be subject to judicial notice, the judge may choose not to take judicial notice of it and instead require that it be proven through the normal process of presenting evidence. The discretionary nature of judicial notice allows the judge to control the flow of information to the jury and ensure that the fact in question is genuinely indisputable and relevant to the case at hand.
For instance, a court might take judicial notice of widely acknowledged historical events, scientific facts, or government records without requiring formal proof. However, if a party requests that a judge take judicial notice and the judge determines the fact is not sufficiently indisputable or relevant, the judge can deny the request, thereby exercising their discretion.
What do you mean by judicial notice when discretionary
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