Judicial notice is a legal principle that allows a court to recognize and accept the existence of certain facts without requiring formal evidence to prove them. These are typically facts that are either so well known within the jurisdiction of the court or so readily verifiable from reliable sources that it would be unnecessary and inefficient to require proof.
When hearing necessary, it means that the court decides that the particular fact or matter is not so universally recognized or clearly established that it can be judicially noticed without further inquiry. In such cases, a hearing may be necessary to allow parties to present evidence or argue whether the fact should indeed be accepted without formal proof.
For example:
- Courts routinely take judicial notice of laws, regulations, and court records.
- They might take judicial notice of facts that are common knowledge, such as historical events, geographical facts, or scientific principles.
However, if a fact is not commonly known or indisputable, the court may require a hearing to determine its veracity or relevance before accepting it without further evidence.
The process is typically governed by rules of evidence in the legal system, such as Rule 201 of the Federal Rules of Evidence in the United States. These rules outline the parameters for what can be judicially noticed and the procedures to be followed when a party requests judicial notice or objects to it.
What do you mean by judicial notice when hearing necessary
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