§ Rule 201 Judicial Notice

Codes > Indiana Code > Title 34 > Indiana Rules : Article II > Rule 201

Rule 201. Judicial Notice

    (a) Kinds of Facts. A court may take judicial notice of a fact. A judicially-noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court, or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

    (b) Kinds of Laws. A court may take judicial notice of law. Law includes (1) the decisional, constitutional, and public statutory law, (2) rules of court, (3) published regulations of governmental agencies, (4) codified ordinances of municipalities, (5) records of a court of this state, and (6) laws of other governmental subdivisions of the United States or of any state, territory or other jurisdiction of the United States.

    (c) When Discretionary. A court may take judicial notice, whether requested or not.

    (d) When Mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.

    (e) Opportunity to Be Heard. A party is entitled, upon timely request, to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

    (f) Time of Taking Notice. Judicial notice may be taken at any stage of the proceeding.

    (g) Instructing the Jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.