The court shall take judicial notice of: (1) Private or special acts of this state, (2) regulations of any agency of this state, as defined in section
4-166, (3) ordinances of any town, city or borough of this state, and (4) regulations of any board, commission, council, committee or other agency of any town, city or borough of this state.
(1949 Rev., S. 7886; 1967, P.A. 353; P.A. 90-19, S. 2.)
History: 1967 act added municipal ordinances to purview of statute; P.A. 90-19 reorganized provisions, deleted provision re judicial notice of “printed books or pamphlets purporting on their face to be the session or other statutes of the several states and territories in the United States or of any foreign jurisdiction”, added provision requiring judicial notice of regulations of any agency of this state and of any board, commission, council, committee or other agency of any town, city or borough of this state, and inserted Subdiv. indicators.
Statutes not printed by public authority, no evidence. 2 R. 250; Id., 300. Construction given by the state where the statute was enacted will be followed by the courts of this state. 47 C. 599. Cited. 65 C. 214; 69 C. 390, 391; Id., 650; 73 C. 181; 79 C. 585; 88 C. 681; 93 C. 46; 114 C. 74; 142 C. 278. Applies to judge performing judicial function. 78 C. 2. Supreme Court will notice foreign statute overlooked by trial judge. 81 C. 152, 164; 87 C. 251. But birth certificate properly authenticated under statute of state where issued is inadmissible here unless under great seal of foreign state, or under seal of foreign secretary of state attesting seal and official character of official signing. 99 C. 277. Court will not take judicial notice of orders of a city board of health even in a Connecticut city. 100 C. 102. Statute obviates necessity of specially pleading law of a foreign state. 103 C. 505; 106 C. 688. Court does not take judicial notice of zoning regulations. 145 C. 735. Court need not take judicial notice of law of foreign jurisdiction under this section or Sec. 51-32 or 52-164, unless authoritative sources of the foreign law, subject to inspection or verification by opposing counsel, are made available to the court by reference or otherwise, under the usual rules for judicial notice. 152 C. 475. Cited re town ordinances. 164 C. 175. Court need not take judicial notice of the law of a foreign jurisdiction unless authoritative sources of the foreign law are made available to the court. 165 C. 177. Cited. 211 C. 555.
Cited. 2 CA 315. Statute permits courts to take judicial notice of municipal ordinances which include zoning regulations. 5 CA 455, 457. Cited. 13 CA 124. Scope of statute not extended to include rules and procedures of a local housing authority. 23 CA 366. Cited. 24 CA 49.
Cited. 8 CS 257; 27 CS 514; 33 CS 562.
Where law of New York applicable by stipulation of parties applied to case, and parties failed to establish what that law is, court will assume it is same as Connecticut law. 5 Conn. Cir. Ct. 629. Cited. 6 Conn. Cir. Ct. 539.
Notes of Decisions
Cited in
10
cases, 1972–2019 · leading case:
Strycharz v. Cady, 148 A.3d 1011 (Conn. 2016).
Strycharz v. Cady, 148 A.3d 1011 (Conn. 2016).
· cites it 4× “Pursuant to General Statutes § 52-163, however, we take judicial notice of that regulation.”
Hous. Auth. v. Brown, 579 A.2d 1110 (Conn. App. Ct. 1990).
· cites it 9× “The plaintiff also claims that the court should not have taken judicial notice of a grievance procedure not introduced in evidence or incorporated into a pleading, or mentioned by the plaintiff at a hearing held on the court’s own motion to dismiss for lack of subject matter…”
Fernandes v. Zoning Bd. of Appeals, 585 A.2d 703 (Conn. App. Ct. 1991).
· cites it 2× “This transcript provides the words and phrases that are to be added to and deleted from the city’s zoning regulations. A review of the record, however, fails to furnish a complete copy of the zoning regulations.”
Anderson v. Schibi, 364 A.2d 853 (Conn. Super. Ct. 1976).
· cites it 2× “Further, under General Statutes § 52-163, 4 we may take judicial notice of New York Civil Practice Law and Rules, Rule 2103 (McKin *569 ney 1963), which provides that “papers may be served by any person not a party of the age of eighteen years or over.”
Monaco v. Turbomotive, Inc., 789 A.2d 1099 (Conn. App. Ct. 2002).
· cites it 2× “The plaintiff argues that the court abused its discretion when it considered evidence of the plaintiffs failure to comply with § 31-130 (i) at the hearing in damages.”
Koepper v. Emanuele, 319 A.2d 411 (Conn. 1972).
· cites it 2× “See General Statutes § 52-163; Nichols v. Nichols, 126 Conn.”
State v. Avila, 534 A.2d 913 (Conn. App. Ct. 1987).
· cites it 2× “” *128 necticut State Register and Manual (1987) p. 606; and that the municipality has adopted a merit system for its employees.”
Olsen v. Zoning Bd. of Appeals, 499 A.2d 1168 (Conn. App. Ct. 1985).
· cites it 2× “” In 1967, General Statutes § 52-163 was amended, superseding Martin , to permit courts to take judicial notice of the ordinances of any town, city or borough.”
Williams v. State, 206 A.3d 779 (Conn. App. Ct. 2019).
· cites it 2× “, General Statutes § 52-163. The court initially indicated that it was inclined to agree with the defendant that the plaintiff needed to lay some foundation for admitting the MUTCD into evidence.”
Hilton of San Juan, Inc. v. Lateano, 305 A.2d 538 (Conn. App. Ct. 1972).
· cites it 2× “The court is authorized to take judicial notice of the law of Puerto Rico under General Statutes § 52-163. Puerto Rico allows the recovery of debts arising out of gambling games or bets which are not prohibited by law, unless the debts are excessive in amount.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.