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Civil procedure

judicial notice

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 Michigan, the concept of judicial notice is governed by Michigan Rule of Evidence 201. This rule allows Michigan courts to take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the territorial jurisdiction of the court or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. The court may take judicial notice whether requested by a party or not, and may do so at any stage of the proceeding. The rule also extends to the judicial notice of laws, which includes the statutes of Michigan, federal laws, and the laws of other states. When a court takes judicial notice of a fact, it is accepted as true without the need for further evidence. However, parties are typically given an opportunity to be heard on the propriety of taking judicial notice if they request it.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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Michigan State Code

Michigan State Code

Civil procedure

judicial notice

Articles