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KRE 201 Judicial notice of adjudicative facts

Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence

Baldwin's Kentucky Revised Statutes Annotated
Kentucky Rules of Evidence (Refs & Annos)
Article II. Judicial Notice
KRE Rule 201
KRE 201 Judicial notice of adjudicative facts
(a) Scope of rule. This rule governs only judicial notice of adjudicative facts.
(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either:
(1) Generally known within the county from which the jurors are drawn, or, in a nonjury matter, the county in which the venue of the action is fixed; or
(2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(c) When discretionary. A court may take judicial notice, whether requested or not.
(d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.
(e) Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
(f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.
(g) Instructing the jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed.

Credits

HISTORY: 1992 c 324, § 34, eff. 7-1-92; 1990 c 88, § 8
<Research Note>
Legislative Research Commission Note (7-1-92): Although denominated “rules,” the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court “adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116.”.
Publisher's Note: KRE 502 and 704 are being reserved for future use.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Note: KRE 201 contains provisions analogous to former 422.010, 422.081, 422.082, and 422.084, repealed by 1992 c 324, § 33, eff. 7-1-92.
Rules of Evid., Rule 201, KY ST REV Rule 201
Current with amendments received through January 15, 2020.
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