State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-201

Article 2.

Judicial Notice.

Rule 201. Judicial notice of adjudicative facts.

(a)        Scope of rule. – This rule governs only judicial notice ofadjudicative facts.

(b)        Kinds of facts. – A judicially noticed fact must be one notsubject to reasonable dispute in that it is either (1) generally known withinthe territorial jurisdiction of the trial court or (2) capable of accurate andready determination by resort to sources whose accuracy cannot reasonably bequestioned.

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

(d)        When mandatory. – A court shall take judicial notice ifrequested by a party and supplied with the necessary information.

(e)        Opportunity to be heard. – In a trial court, a party isentitled upon timely request to an opportunity to be heard as to the proprietyof taking judicial notice and the tenor of the matter noticed. In the absenceof prior notification, the request may be made after judicial notice has beentaken.

(f)         Time of taking notice. – Judicial notice may be taken atany stage of the proceeding.

(g)        Instructing jury. – In a civil action or proceeding, thecourt shall instruct the jury to accept as conclusive any fact judiciallynoticed. In a criminal case, the court shall instruct the jury that it may, butis not required to, accept as conclusive any fact judicially noticed. (1983, c. 701, s. 1.)