Friday, February 7, 2014
MBE Fast Fact: Judicial Notice
In criminal cases, the trial judge may not instruct the jury to accept a judicially noticed fact as conclusive. This is because to do so would impermissibly limit the defendant's right to a jury trial. The distinction to note here is that the court must take judicial notice of a fact if the court is supplied with the necessary information to indicate that the fact is not subject to reasonable dispute; however, in a criminal case the court must instruct the jury that it may or may not accept the noticed fact as conclusive.