24-2-201. Judicial notice of adjudicative facts.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
This Code section governs only judicial notice of adjudicative facts.#
(b)
A judicially noticed fact shall be a fact which is not subject to reasonable dispute in that it is either:#
1. (1)
  Generally known within the territorial jurisdiction of the court; or#
2. (2)
  Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.#
(c)
A court may take judicial notice, whether or not requested by a party.#
(d)
A court shall take judicial notice if requested by a party and provided with the necessary information.#
(e)
A party shall be 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, such request may be made after judicial notice has been taken.#
(f)
Judicial notice may be taken at any stage of the proceeding.#
(g)
1. (1)
  In a civil proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed.#
2. (2)
  In a criminal proceeding, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 24-2-201, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Taking of judicial notice of agency rules, § 50-13-8. Judicial notice of adjudicative facts, Fed. R. Evid. 201.

Law reviews

For comment on Carter v. Graves, 206 Ga. 234, 56 S.E.2d 917 (1949), see 12 Ga. B.J. 476 (1950). For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For annual survey on evidence, see 74 Mercer L. Rev. 129 (2022).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch1-7-(v20)-2023-pdf.pdf, Volume V20, 2023 edition, pages 47 to 48; merge action: annotated; file SHA-256 f2f9d1712dd4.

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