Wisconsin Statutes 902.01 – Judicial notice of adjudicative facts
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 902.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Scope. This section governs only judicial notice of adjudicative facts.
(2) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is any of the following:
(a) A fact generally known within the territorial jurisdiction of the trial court.
(b) A fact capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(3) When discretionary. A judge or court may take judicial notice, whether requested or not.
(4) When mandatory. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
(5) Opportunity to be heard. 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.
(6) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.
(7) Instructing jury. The judge shall instruct the jury to accept as established any facts judicially noticed.