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Tuesday, October 21, 2014

Evidence Rule 202

Rule 202. Judicial Notice in Proceedings Subsequent to Trial

(a)Subsequent proceedings.--The failure or refusal of the judge to take judicial notice of a matter or to instruct the trier of the fact with respect to it shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.

(b)On appeal.--The reviewing court in its discretion may take judicial notice of any matter specified in Rule 201, whether or not judicially noticed by the judge.

(c)Opportunity to be heard.--A judge or a reviewing court taking judicial notice under paragraph (a) or (b) of this rule of a matter not previously noticed in the action may afford the parties the opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.

HISTORY:Adopted September 15, 1992 to be effective July 1, 1993.

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