Rule 11-201 NMRA

Rule 11-201. Judicial notice of adjudicative facts.

Last amended: 2012Year: 2012Length: 209 wordsOfficial source
A. Scope. This rule governs only judicial notice of adjudicative facts. B. Kinds of facts that may be judicially noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it (1) is generally known within the court’s territorial jurisdiction, (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned, or (3) notice is provided for by statute. C. Taking notice. The court (1) may take judicial notice on its own, or (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. D. Timing. The court may take judicial notice at any stage of the proceeding. E. Opportunity to be heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. F. Instructing the jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
Rule 11-201 NMRA: Rule 11-201. Judicial notice of adjudicative facts. | Justis AI