If you’ve heard the term “judicial notice” but weren’t exactly sure what it meant, you’ve come to the right place. Judicial notice is a legal term used to address certain facts that a court is required to, or may choose to, take into consideration during the hearing of a case or trial. Fundamentally, judicial notice is a form of recognition, where the court deems certain documented facts to be correct, so they do not need further proof.
Legal and public records that fall under judicial notice are usually matters of public knowledge, such as historical events, words in a dictionary, the official flag of a nation, the outcome of an election, etc. Judicially noticed events may also include uncontested matters of law such as statues, and well-known scientific and medical facts, such as the boiling point of water or the human gestation period.
Why Judicial Notice Matters
In legal proceedings, judicial notice is a tool the court can use to speed the trial along. When a fact does not have to be proved, it saves both time and resources, as attorneys do not have to spend time gathering evidence and witnesses to support the information. Furthermore, judicial notice may save literally millions of dollars in court costs.
For a modern example, consider the case of Doe v. State. In the trial, the defendant challenges the constitutionality of a specific law based on past court decisions. Before entering the trial, the court takes judicial notice of relevant past court decisions in support of the defendant’s argument, thus speeding up the trial, saving taxpayer dollars and time.
Bottom Line: Judicial Notice
Being aware of and understanding the concept of judicial notice is essential to successful navigation of our legal system. All legal professionals should have an understanding of this concept and what implications it can have on a case or trial. It is a tool that has major implications for the expedience of a case, as well as for taxpayers who fund the court system. Savvy business owners should be aware and understand the implications of judicially noticed events and use the knowledge to their advantage.