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2.3 Judicial Notice

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2.3 JUDICIAL NOTICE

The court has decided to accept as proved the fact that [state fact], even though no evidence has been introduced on the subject. You must accept this fact as true.

Comment

An instruction regarding judicial notice should be given at the time notice is taken. In civil cases, Fed. R. Evid. 201(g) permits the judge to determine that a fact is sufficiently undisputed to be judicially noticed and requires that the jury be instructed that it is required to accept that fact. But see United States v. Chapel, 41 F.3d 1338, 1342 (9th Cir.1994) (in a criminal case, "the trial court must instruct ‘the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.’") (citing Fed. R. Evid. 201(g)); Ninth Circuit Model Criminal Jury Instruction 2.5 (2003) (Judicial Notice).