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 Georgia, judicial notice is governed by the Georgia Evidence Code, specifically O.C.G.A. § 24-1-201 et seq. The concept allows Georgia courts to recognize certain facts that are commonly known within the territorial jurisdiction of the court or capable of accurate and ready determination by sources that cannot reasonably be questioned. This can include both adjudicative facts and law. Adjudicative facts are those that are not subject to reasonable dispute because they are generally known within the community or easily verifiable. Georgia courts may also take judicial notice of state and federal laws, as well as the official acts of the legislative, executive, and judicial departments of the United States and the state of Georgia. The court can take judicial notice on its own or upon request by a party. Once a court takes judicial notice of a fact, it is accepted as conclusive in that case. The purpose of judicial notice is to expedite trials by avoiding the need to prove facts that are already known to be indisputable, thereby saving time and resources.