Judicial notice is a court’s acceptance of a well-known and indisputable fact without requiring the party relying on the fact to prove it. The doctrine of judicial notice is one of common sense, and is based on the theory that where a fact is well-known in the community—or its existence is easily determined from sources that cannot be reasonably questioned—it would not be a good use of judicial time and resources to require formal proof of the fact in court. A court may take judicial notice of both facts and laws.
In Florida, judicial notice is governed by the Florida Evidence Code, specifically under sections 90.201-90.203. The concept allows Florida courts to recognize and accept certain facts that are commonly known within the territorial jurisdiction of the court or are capable of accurate and ready determination by sources that cannot reasonably be questioned. This can include facts that are traditionally accepted as true within the community or verifiable through authoritative sources, such as almanacs, maps, and government records. Additionally, Florida courts may take judicial notice of the laws of the state of Florida, federal laws, and the laws of other states and foreign countries as long as they are presented in a manner prescribed by law. The court can take judicial notice on its own motion or upon request by a party. Once a court takes judicial notice of a fact, it is accepted as conclusive in that case. The use of judicial notice is intended to expedite legal proceedings by avoiding the need to prove facts that are already beyond dispute.