Summary of changes
Rule 201 — Judicial notice of adjudicative facts
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
10 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
201(a)
unchanged
Original text
Scope.
This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
Current text
Scope.
This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
201(b)
unchanged
Original text
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:
Current text
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:
201(b)(1)
unchanged
Original text
is generally known universally, locally, or in the area pertinent to the event; or
Current text
is generally known universally, locally, or in the area pertinent to the event; or
201(b)(2)
unchanged
Original text
can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Current text
can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
201(c)
unchanged
Original text
Taking Notice.
The military judge:
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.
Current text
Taking Notice.
The military judge:
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.
201(c)(1)
unchanged
Original text
may take judicial notice whether requested or not; or
Current text
may take judicial notice whether requested or not; or
201(c)(2)
unchanged
Original text
must take judicial notice if a party requests it and the military judge is supplied with the necessary information.
Current text
must take judicial notice if a party requests it and the military judge is supplied with the necessary information.
201(d)
unchanged
Original text
Timing.
The military judge may take judicial notice at any stage of the proceeding.
Current text
Timing.
The military judge may take judicial notice at any stage of the proceeding.
201(e)
unchanged
Original text
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.
Current text
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.
201(f)
unchanged
Original text
Instructing the Members.
The military judge must instruct the members that they may or may not accept the noticed fact as conclusive.
Current text
Instructing the Members.
The military judge must instruct the members that they may or may not accept the noticed fact as conclusive.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.