Judicial notice is a court’s acceptance of a well-known and indisputable fact without requiring the party relying on the fact to prove it. The doctrine of judicial notice is one of common sense, and is based on the theory that where a fact is well-known in the community—or its existence is easily determined from sources that cannot be reasonably questioned—it would not be a good use of judicial time and resources to require formal proof of the fact in court. A court may take judicial notice of both facts and laws.
In Texas, the concept of judicial notice is governed by the Texas Rules of Evidence, specifically Rule 201, which aligns with the general description provided. This rule allows Texas courts to take judicial notice of 'adjudicative facts' that are not subject to reasonable dispute because they are either generally known within the court’s territorial jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Additionally, Texas courts may take judicial notice of the contents of the Texas statutes, the Texas Constitution, and federal laws, as well as the laws of other states, territories, and foreign countries as long as the law is presented in a manner that allows the court to determine its application. The court may take judicial notice at any stage of the proceeding, and it may do so on its own motion or upon request by a party. When a court takes judicial notice of a fact, it is as if that fact has been proven and it does not need to be argued or evidenced in court.
