Request for Judicial Notice

When the request for judicial notice is used

Timing: with a motion or at a hearing or trial, when a party relies on a fact that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• The court may judicially notice a fact that is not subject to reasonable dispute because it is generally known within the trial court's territorial jurisdiction, or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned (Fed. R. Evid. 201(b)).
• The court may take judicial notice on its own, and must take judicial notice if a party requests it and the court is supplied with the necessary information (Fed. R. Evid. 201(c)).
• On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed (Fed. R. Evid. 201(e)).
• The court may take judicial notice at any stage of the proceeding (Fed. R. Evid. 201(d)). In a civil case, the court must instruct the jury to accept the noticed fact as conclusive (Fed. R. Evid. 201(f)).
• Rule 201 covers adjudicative facts only. Courts commonly notice the existence of public filings, but not the truth of disputed statements inside them.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Evid. 201 online. Also, the federal judiciary publishes the current rules and recent amendments.

The request for judicial notice in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar request for judicial notice procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Request: asking a person, a party, the clerk or the court to do something.
• Judicial notice: a court's acceptance of a fact as true without formal proof because it is not subject to reasonable dispute — it is generally known within the trial court's territorial jurisdiction, or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned (Fed.
• Judicial: relating to the courts, judges or the administration of justice. For example, judicial power is the power to decide cases, and a judicial act is one a judge performs in that role.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.
• Motion for Summary Judgment: a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on request for judicial notice. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.