Article II. Judicial Notice

219

Rule 202: Judicial notice of law.

(a) Mandatory Judicial Notice of Law.  The court shall take judicial notice of (1) the common law, (2) the constitutions and statutes of the United States and of every state, territory, and other jurisdiction of the United States, (3) all rules adopted by the United States Supreme Court or by the Tennessee Supreme Court, and (4) any rule or regulation of which a statute of the United States or Tennessee mandates judicial notice.

(b) Optional Judicial Notice of Law.  Upon reasonable notice to adverse parties, a party may request that the court take, and the court may take, judicial notice of (1) all other duly adopted federal and state rules of court, (2) all duly published regulations of federal and state agencies and proclamations of the Tennessee Wildlife Resources Agency, (3) all duly enacted ordinances of municipalities or other governmental subdivisions, (4) any matter of law which would fall within the scope of this subsection or subsection (a) of this rule but for the fact that it has been replaced, superseded, or otherwise rendered no longer in force, and (5) treaties, conventions, the laws of foreign countries, international law, and maritime law.

(c) Determination by Court.  All determinations of law made pursuant to this rule shall be made by the court and not by the jury. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.

[As amended by order entered January 25, 1991, effective July 1, 1991.]

Advisory Commission Comments.

Note that judicial notice of ordinances is discretionary and requires notice to adverse parties.

See also the Uniform Judicial Notice Act, T.C.A. § 24-6-201 —207 [§§ 24-6-201 —24-6-206 repealed].

 Advisory Commission Comments [1991].

The Tennessee Wildlife Resources Agency issues proclamations to regulate hunting seasons and limits. These are published in the Administrative Register. Under the amended rule, a court could judicially notice such proclamations.

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