Mass. R. Evid. 202
Mass. Guid. Evid. 202
Subsections (a)(1) and (2). These subsections are derived from 44 U.S.C. § 1507 (contents of the Federal Register shall be judicially noticed); G. L. c. 30A, § 6 (regulations published in the Code of Massachusetts Regulations shall be judicially noticed); and G. L. c. 233, § 70 ("The courts shall take judicial notice of the law of the United States or of any state, territory or dependency thereof or of a foreign country whenever the same shall be material."). See also Cohen v. Assessors of Boston, 344 Mass. 268, 269 (1962); Ralston v. Commissioner of Agric., 334 Mass. 51, 53-54 (1956); Mastrullo v. Ryan, 328 Mass. 621, 622 (1952); Brodsky v. Fine, 263 Mass. 51, 54 (1928). While the court must take judicial notice of the existence of a law, that notice does not extend to notice of the adjudicative fact that the law was followed. See, e.g., Commonwealth v. Tantillo, 103 Mass. App. Ct. 20, 27-29 (2023) (in prosecution for negligent operation of motor vehicle where prescription bottles of Tramadol and Clonazepam were found in defendant's car, judge could take judicial notice of requirement of G. L. c. 94C, § 21, that prescriptions contain cautionary statements, but it was improper for judge to take judicial notice that "all bottles would" have cautionary statements on them, since labels could be dislodged or contents of bottles could be combined).
The party which seeks to have the court notice or apply any foreign law has the burden of bringing it to the court's attention. See Mass. R. Crim. P. 39(b) ("The court shall upon request take judicial notice of the law of the United States or of any state, territory, or dependency thereof or of a foreign country whenever it shall be material."); Mass. R. Civ. P. 44.1 ("A party who intends to raise an issue concerning the law of the United States or of any state, territory or dependency thereof or of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining such law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under Rule 43. The court's determination shall be treated as a ruling on a question of law.").
Subsection (b). This subsection is derived from G. L. c. 43B, § 12; Commonwealth v. Lys, 481 Mass. 1, 10 (2018) (notice of "temporary protected status" designation for foreign nationals issued by Secretary of Homeland Security and published in Federal Register); Blue Hills Cemetery, Inc. v. Board of Registration in Embalming & Funeral Directing, 379 Mass. 368, 375 n.10 (1979), citing
Pereira v. New England LNG Co., 364 Mass. 109, 122 (1973) (notice of legislative history is permissive); and New England Trust Co. v. Wood, 326 Mass. 239, 243 (1950) (notice of charters and charter amendments of cities and towns).
Subsection (c). Courts "will not take judicial cognizance of municipal ordinances, or of special acts of the Legislature" (citations omitted). Brodsky v. Fine, 263 Mass. 51, 54 (1928). Furthermore, "[t]he general rule in Massachusetts is that courts do not take judicial notice of regulations [not included in the Code of Massachusetts Regulations]; they must be put in evidence" (citations and quotations omitted). Peters v. Haymarket Leasing, Inc., 64 Mass. App. Ct. 767, 775 n.11 (2005). Printed copies of legislative acts and resolves and attested copies of municipal ordinances, bylaws, rules, and regulations are admissible. G. L. c. 233, § 75. The contents of a municipal bylaw or ordinance may also be proved by the oral testimony of police officers. Commonwealth v. Bones, 93 Mass. App. Ct. 681, 685-686 (2018). Cf. Commonwealth v. Yusuf, 488 Mass. 379, 382 n.3 (2021) (court was unable to take judicial notice of Boston Police Department body-worn camera policy).
Notwithstanding the traditional prohibition against judicial notice of municipal codes, because ordinances and bylaws are now readily accessible online, the Supreme Judicial Court has signaled a willingness to reconsider the rule and has itself taken judicial notice of municipal ordinances regarding the city of Springfield's police commission. See City Council of Springfield v. Mayor of Springfield, 489 Mass. 184, 190 n.6 (2022).