§ Rule 44 Judicial notice

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Rule 44. Judicial notice

    (a) Proof of Official Record--Authentication of Copy. [Rescinded effective July 1, 1985]

    (b) Proof of Lack of Record. [Rescinded effective July 1, 1985]

    (c) Other Proof of Record. [Rescinded effective July 1, 1985]

    (d) Judicial Notice of Facts and Foreign Law. The court shall take judicial notice as provided by law. When judicial notice is taken of an adjudicative fact, the court shall instruct the jury as provided in Rule 201 of the Idaho Rules of Evidence. If either party to an action intends to request the court to take judicial notice of the statutes or laws of a foreign state, a brief or memorandum citing such foreign law shall be submitted to the court and opposing counsel at least ten (10) days prior to trial or hearing. Opposing counsel may reply thereto within five (5) days following service of such brief. Failure to submit such brief may in the discretion of the court constitute a waiver of the request.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.