Also known as: take judicial cognizance of · judicial notice
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A court's acceptance of an adjudicative fact as true without formal proof. The acceptance occurs when the fact is not subject to reasonable dispute because it is generally known within the territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
A court's acceptance of an adjudicative fact as true without formal proof. The acceptance occurs when the fact is not subject to reasonable dispute because it is generally known within the territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Select any source to read its text and confirm it supports the definition.
A court's authority to decide a question presented in a case or controversy. The authority exists when the issue is susceptible to judicial standards and does not require resolution exclusively by the political branches.
Select any source to read its text and confirm it supports the definition.
A court's authority to decide a question presented in a case or controversy. The authority exists when the issue is susceptible to judicial standards and does not require resolution exclusively by the political branches.
Each sense below has its own examples, sources, and questions.
Jeanette Jensen sues Jennings Forge after a bus door malfunction injures her at Central Station. Jennings Forge asks the court to recognize that Central Station serves as the city's main transit hub, a fact residents treat as common knowledge. The court grants the request on its own initiative and treats the hub status as established.
Justin Jarvis and other tenants sue Jordan Dynamics over flooding in their low-lying neighborhood. The tenants supply public maps showing the area is widely known as flood-prone and ask the court to take notice. The court must accept the fact because the tenants supplied the necessary information.
Jessica Jacobs sues Jackson Mutual after her factory floods. The insurer asks the court to notice official river gauge readings from a government database. The court grants the request before notifying Jessica, then allows her to be heard on whether the readings qualify for notice.
Joy Jiang sues Jensen Farms after a scaffolding collapse. Her expert relies on statements from an industry manual. The court takes judicial notice that the manual is a reliable authority, allowing the statements to be read into evidence but not admitted as an exhibit.
A court must take judicial notice if a party requests it and supplies the necessary information showing the fact is not subject to reasonable dispute. The request must concern an adjudicative fact that is either generally known locally or readily verifiable from unquestionable sources.
Supporting sources
A party may request a hearing on the propriety of taking notice and the nature of the fact noticed. The hearing right exists even if the court already took notice before notifying the party.
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Judicial cognizance allows the court to accept an indisputable adjudicative fact without witness testimony or exhibits. Once noticed, the fact is treated as established, and in civil cases the jury must accept it as conclusive.
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Yes. Official records from sources such as hydrology services or meteorological agencies qualify because their accuracy cannot reasonably be questioned. No stipulation is required.
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Jennifer Jackson challenges legislative districting that dilutes her vote. The court determines the claim presents a justiciable controversy because manageable judicial standards exist for evaluating equal protection violations.
Jason Jung challenges a state tax on a federally chartered bank branch. The court holds that the degree of necessity for the federal measure is a question of legislative discretion and therefore not subject to judicial cognizance.
Matters within judicial cognizance are susceptible to judicial standards and do not require exclusive resolution by the political branches. Issues that turn on discretion committed to the executive or legislature fall outside cognizance.
Supporting sources
…measure not prohibited by the Constitution, the degree of its necessity is a question of legislative discretion, not of judicial cognizance. The Bank of the United States has constitutionally a right to establish branches or offices of discount and deposit within any State, and the State within which such branch is established…