Section II · Judicial Notice

Rule 202. Judicial notice of law

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (4)
(a) Domestic Law. The military judge may take judicial notice of domestic law. If a domestic law is a fact that is of consequence to the determination of the action, the procedural requirements of Mil. R. Evid. 201 - except Rule 201(f) - apply.
(b) Foreign Law. A party who intends to raise an issue concerning the law of a foreign country must give reasonable written notice. The military judge, in determining foreign law, may consider any relevant material or source, in accordance with Mil. R. Evid. 104. Such a determination is a ruling on a question of law.
Cross-referencesCited by 4Cites 3
Cited by

Provisions elsewhere in the Manual whose text cites Rule 202. Each link opens the citing provision.

Rules for Courts-Martial
…(prior inconsistent statements). Requirements for notice of intent to use certain evidence are found in: Mil. R. Evid. 202(b) (judicial notice of foreign law), 301(d)(2) (notification of immunity or leniency to witnesses), 304(d)…
Discussion under R.C.M. 701(b)(5) — Discovery (202(b))
…defense counsel is required to give notice or disclose evidence under certain Military Rules of Evidence: Mil. R. Evid. 202(b) (judicial notice of foreign law), 304(f)(3) (testimony by the accused for a limited purpose in relation to a…
Discussion under R.C.M. 920(e)(7) — Instructions on findings
…105); the effect of character evidence ( see Mil. R. Evid. 404, 405); the effect of judicial notice ( see Mil. R. Evid. 201, 202); the weight to be given a pretrial statement ( see Mil. R. Evid. 304(e)); the effect of stipulations ( see…
UCMJ Punitive Articles
…element. For clause 3 offenses, the military judge may judicially notice whether an offense is capital. See Mil. R. Evid. 202.
Rule 202 cites

Provisions named in the text of Rule 202. Where the cited provision is on this site, the link opens it.