Section II · Judicial Notice
Rule 201. Judicial notice of adjudicative facts
2024 Manual for Courts-Martial, United States
See all changes(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) Kinds of Facts that May Be Judicially Noticed. The military judge may judicially notice a fact that is not subject to reasonable dispute because it:
(1) is generally known universally, locally, or in the area pertinent to the event; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(c) Taking Notice. The military judge:
(1) may take judicial notice whether requested or not; or
(2) must take judicial notice if a party requests it and the military judge is supplied with the necessary information.
The military judge must inform the parties in open court when, without being requested, he or she takes judicial notice of an adjudicative fact essential to establishing an element of the case.
(d) Timing. The military judge 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 military judge takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.
(f) Instructing the Members. The military judge must instruct the members that they may or may not accept the noticed fact as conclusive.