Under Washington State Court Rules, what is Evidence Rule (ER) 201 — judicial notice of adjudicative facts? Here’s my point of view.
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WA STATE COURT RULES — RULES OF EVIDENCE — PURPOSE & CONSTRUCTION
The Washington State Court Rules, Rules of Evidence*, must “be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” ER 102*. The WA State Rules of Evidence addresses, inter alia, judicial notice of adjudicative facts.
JUDICIAL NOTICE OF ADJUDICATIVE FACTS
Generally, “judicial notice” means “[a] court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact <the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit>. Fed. R. Evid. 201.” Black’s Law Dictionary 863-64 (Deluxe 8th ed. 2004).
In Washington State, ER 201* is the relevant rule, and it contains the following topics: (a) the kinds of facts subject to it’s mandate, (b) when notice is discretionary, (c) when notice is mandatory, (d) opportunity to be hard, and (e) timing of the notice. ER 201(a)*.
(a) Kinds of Facts
Under the rule, “[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.
ER 201(b)*.
(b) When Discretionary
The “court MAY take judicial notice, whether requested or not.” ER 201(c)* (emphasis added).
(c) When Mandatory
However, a court MUST “take judicial notice if requested by a party and supplied with the necessary information.” ER 201(d)*.
(d) Opportunity To Be Heard
In any event: “A party is 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, the request may be made after judicial notice has been taken.” ER 201(e)*.
(e) Timing of Taking Notice
“Judicial notice may be taken at any stage of the proceeding.” ER 201(f)*.
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