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Federal Rules of Evidence: Article II

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Effect of Judicial Notice on Jury

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When a court takes judicial notice of a fact under Rule 201, the jury is instructed to accept the noticed fact as conclusive in a civil case, but in a criminal case, the jury may or may not accept the noticed fact.

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Rule 201. Judicial Notice of Adjudicative Facts

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Rule 201 allows a court to recognize certain facts as true without requiring formal presentation of evidence. These are facts that can't reasonably be questioned and are common knowledge or can be verified from a reliable source.

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Mandatory vs. Discretionary Judicial Notice

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Under Rule 201, a court must take judicial notice if asked by a party and supplied with the necessary information. Discretionary judicial notice is where the court may take notice without being asked.

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