Ill. Admin. Code tit. 95 § 400.605

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.605 - Judicial Notice

a) Judicial Notice of Adjudicative Facts

1) Scope of Section. 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 either:

A) generally known universally, locally, or in the area pertinent to the event; or

B) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

3) When Discretionary. The military judge may take judicial notice, whether requested or not. The parties shall be informed in open court when, without being requested, the military judge takes judicial notice of an adjudicative fact essential to establishing an element of the case.

4) When Mandatory. The military judge 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 on 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 Members. The military judge shall instruct the members that they may, but are not required to, accept as conclusive any matter judicially noticed. (Il. Mil. R. Evid. 201)

b) Judicial Notice of Law

1) Domestic Law. The military judge may take judicial notice of State and federal law. If the law is a fact that is of consequence to the determination of the action, the procedural requirements of subsections (a)(1) through (6) apply.

2) Foreign Law. A party who intends to raise an issue concerning the law of a foreign country must give reasonable written notice. The military judge, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under this Subpart. This determination is a ruling on a question of law. (Il. Mil. R. Evid. 201A)

Ill. Admin. Code tit. 95, § 400.605

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.