§ RULE 5-201 JUDICIAL NOTICE OF ADJUDICATIVE FACTS

RULE 5-201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS

    (a) Scope of Rule. This Rule governs only judicial notice of adjudicative facts. Sections (d), (e), and (g) of this Rule do not apply in the Court of Special Appeals or the Court of Appeals.

    (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 territorial jurisdiction of the trial court 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. Upon timely request, a party is entitled 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 Jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed, except that in a criminal action, the court shall instruct the jury that it may, but is not required to, accept as conclusive any judicially noticed fact adverse to the accused.

    Committee note: This Rule does not regulate judicial notice of so-called “legislative facts” (facts pertaining to social policy and their ramifications) or of law.

    Source: This Rule is derived from F.R.Ev. 201.