Ind. Evidence Rule 201

Effective January 1, 2014

(a) Kinds of Facts That May Be Judicially Noticed.

The court may judicially notice:

(1) a fact that:

(A) is not subject to reasonable dispute because it is generally known within the trial court’s

territorial jurisdiction, or

(B) can be accurately and readily determined from sources whose accuracy cannot reas-

onably be questioned.

(2) the existence of:

(A) published regulations of governmental agencies;

(B) ordinances of municipalities; or

(C) records of a court of this state.

(b) Kinds of Laws That May Be Judicially Noticed.

A court may judicially notice a law, which includes:

(1) the decisional, constitutional, and public statutory law;

(2) rules of court;

(3) published regulations of governmental agencies;

(4) codified ordinances of municipalities;

(5) records of a court of this state; and

(6) laws of other governmental subdivisions of the United States or any state, territory or other

jurisdiction of the United States.

(c) Taking Notice.

The court:

(1) may take judicial notice on its own; or

(2) must take judicial notice if a party requests it and the court is supplied with the necessary

information.

(d) Timing.

The court may take judicial notice at any stage of the proceeding.

(e) Opportunity to Be Heard.

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. If the court takes judicial notice before notifying a party, the party, on

request, is still entitled to be heard.

(f) Instructing the Jury.

In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal

case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

Article III. Presumptions in Civil Actions and

Proceedings