Colo. R. Evid. 201 (2026)

(a) Scope of rule. This rule governs only judicial notice of adjudicative facts.

(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

(c) When discretionary. A court may take judicial notice, whether requested or not.

(d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.

(e) 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.

(f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.

(g) Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

(Federal Rule Identical.)

COMMITTEE COMMENT

This rule is identical to Rule 201 F.R.E. and 1058 (1952) [appellate courts will not hesitate generally codifies prior Colorado case law. See to take judicial notice of the unquestioned laws Nicholls v. Barrick, 27 Colo. 432, 62 P. 202 of mathematics]. However, the mandatory na- (1900) [courts take judicial notice of those mat- ture of subsection (d) is a departure from existters which may be designated as ‘‘common ing practice. knowledge’’]; Finnerty v. Cook, 118 Colo. 310, In this rule judicial notice is limited to ad- 195 P.2d 973 (1948) [judicial notice of facts junctive facts which are those facts that can be which are ‘‘universally known’’]; Israel v. readily determined by resort to accurate Wood, 93 Colo. 500, 27 P.2d 1024 (1933) sources, such as a calendar date, Sierra Mining [courts take judicial notice of matters of com- Company v. Lucero, 118 Colo. 180, 194 P.2d mon knowledge in the community where they 302 (1948); term of public office, People, ex rel. sit]; Bieser v. Stoddard, 73 Colo. 554, 216 P. Flanders v. Neary, 113 Colo. 12, 154 P.2d 48 707 (1923) [well recognized natural and physi- (1944); or statistical charts, Good v. A.B. cal laws are judicially known and may not be Chance Co., 39 Colo. App. 70, 565 P.2d 217 put in issue by denial of their inevitable effect]; (1977). Winterberg v. Thomas, 126 Colo. 60, 246 P.2d