Nebraska Revised Statutes
Neb. Rev. Stat. § 27-201 (2026)
Rule 201. Judicial notice of adjudicative facts; kinds of facts; when discretionary; when mandatory; opportunity to be heard; time of taking notice; instructing jury
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) This rule governs only judicial notice of adjudicative facts.
(2) A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally known within the territorial jurisdiction of the trial court or (b) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(3) A judge or court may take judicial notice, whether requested or not.
(4) A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
(5) 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.
(6) Judicial notice may be taken at any stage of the proceeding.
(7) In a civil action or proceeding, the judge shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the judge shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.
Notes of Decisions
Cited in 82
cases (15 in the last 5 years), 1975–2026 · leading case: State v. Brown, 964 N.W.2d 682 (Neb. 2021).
State v. Brown, 964 N.W.2d 682 (Neb. 2021). “We stated that in its analysis, the trial court had “noted that the Nebraska Supreme Court had issued orders and guidelines in response to the COVID-19 pandemic and effectively took judicial notice of such orders and guidelines, as it could do.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). “A proceed- ing under Neb. Rev. Stat. § 27-201 (6) (Reissue 2008) includes judicial activity which occurs after commencement of an action and includes judicial action in an appeal.”
In re Interest of Lilly S. & Vincent S., 298 Neb. 306 (Neb. 2017). “Adjudicative facts within the meaning of Neb. Rev. Stat. § 27-201 (Reissue 2016) are simply the facts developed in a particular case, as distinguished from legislative facts, which are established truths, facts, or pronouncements that do not change from case to case but apply…”
Strunk v. Chromy-Strunk, 708 N.W.2d 821 (Neb. 2006). “201, Neb. Rev. Stat. § 27-201 (Reissue 1995). J.”
Betterman v. Dept. of Motor Vehs., 728 N.W.2d 570 (Neb. 2007). “) Betterman asserts that under Neb. Rev. Stat. § 27-201 (Reissue 1995), a court must take judicial notice if requested by a party and supplied with the necessary information and that judicial notice may be taken at any stage of a proceeding.”
In re Est. of Radford, 901 N.W.2d 261 (Neb. 2017). “201(2), Neb. Rev. Stat. § 27-201 (2) (Reissue 2016), judicially noticing its own proceedings and judgment is proper only where the same matters have already been considered and determined.”
Hagelstein v. Swift-Eckrich Div. of ConAgra, 597 N.W.2d 394 (Neb. 1999). “It is also provided by Neb. Rev. Stat. § 27-201 (Reissue 1995) that a court may take judicial notice of “adjudicative facts,” given certain statutory imitations.”
Everson v. O'KANE, 643 N.W.2d 396 (Neb. Ct. App. 2002). “Neb. Rev. Stat. § 27-201 (3) (Reissue 1995).”
Trausch v. Hagemeier, 985 N.W.2d 402 (Neb. 2023). “[14] A court may judicially notice existence of its records and the records of another court, but judicial notice of facts reflected in a court’s records is subject to the doctrines of claim preclusion, issue preclusion, and the law of the case.”
State v. Vejvoda, 438 N.W.2d 461 (Neb. 1989). “201(2), Neb. Rev. Stat. § 27-201 (2) (Reissue 1985), pertains to judicial notice of adjudicative facts and states: “A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally known within the territorial jurisdiction of the trial…”
Pennfield Oil Co. v. Winstrom, 752 N.W.2d 588 (Neb. 2008). “201; Neb.Rev.Stat. § 27-201 (Reissue 1995); J.”
DMK Biodiesel v. McCoy, 830 N.W.2d 490 (Neb. 2013). “The motion stated, first, that “[j]udicial notice is not permitted by Neb Rev Stat § 27-201 et seq.” Second, the motion primarily argued that taking judicial notice would convert the rule 12 motion into a summary judg- ment motion.”
Neb. Rev. Stat. § 27-201(2): 14 cases
State v. Brown, 964 N.W.2d 682 (Neb. 2021). “We stated that in its analysis, the trial court had “noted that the Nebraska Supreme Court had issued orders and guidelines in response to the COVID-19 pandemic and effectively took judicial notice of such orders and guidelines, as it could do.”
Everson v. O'KANE, 643 N.W.2d 396 (Neb. Ct. App. 2002). “Neb. Rev. Stat. § 27-201 (3) (Reissue 1995).”
In re Interest of Lilly S. & Vincent S., 298 Neb. 306 (Neb. 2017). “Adjudicative facts within the meaning of Neb. Rev. Stat. § 27-201 (Reissue 2016) are simply the facts developed in a particular case, as distinguished from legislative facts, which are established truths, facts, or pronouncements that do not change from case to case but apply…”
Strunk v. Chromy-Strunk, 708 N.W.2d 821 (Neb. 2006). “201, Neb. Rev. Stat. § 27-201 (Reissue 1995). J.”
State v. Vejvoda, 438 N.W.2d 461 (Neb. 1989). “201(2), Neb. Rev. Stat. § 27-201 (2) (Reissue 1985), pertains to judicial notice of adjudicative facts and states: “A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally known within the territorial jurisdiction of the trial…”
Neb. Rev. Stat. § 27-201(2)(b): 5 cases
Nebraska Liquor Distributors, Inc. v. Nebraska Liquor Control Comm'n, 693 N.W.2d 539 (Neb. 2005).
Hagelstein v. Swift-Eckrich Div. of ConAgra, 597 N.W.2d 394 (Neb. 1999). “It is also provided by Neb. Rev. Stat. § 27-201 (Reissue 1995) that a court may take judicial notice of “adjudicative facts,” given certain statutory imitations.”
State v. Dandridge, 585 N.W.2d 433 (Neb. 1998).
State v. Dandredge, 585 N.W.2d 433 (Neb. 1998).
Stonerook v. Green, No. A-15-394 (Neb. Ct. App. May 17, 2016).
Neb. Rev. Stat. § 27-201(3): 10 cases
State v. Brown, 964 N.W.2d 682 (Neb. 2021). “We stated that in its analysis, the trial court had “noted that the Nebraska Supreme Court had issued orders and guidelines in response to the COVID-19 pandemic and effectively took judicial notice of such orders and guidelines, as it could do.”
In re Interest of Lilly S. & Vincent S., 298 Neb. 306 (Neb. 2017). “Adjudicative facts within the meaning of Neb. Rev. Stat. § 27-201 (Reissue 2016) are simply the facts developed in a particular case, as distinguished from legislative facts, which are established truths, facts, or pronouncements that do not change from case to case but apply…”
Caniglia v. City of Omaha, 315 N.W.2d 241 (Neb. 1982).
Wolgamott v. Abramson, 570 N.W.2d 818 (Neb. 1997).
Hagelstein v. Swift-Eckrich Div. of ConAgra, 597 N.W.2d 394 (Neb. 1999). “It is also provided by Neb. Rev. Stat. § 27-201 (Reissue 1995) that a court may take judicial notice of “adjudicative facts,” given certain statutory imitations.”
Neb. Rev. Stat. § 27-201(4): 2 cases
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). “A proceed- ing under Neb. Rev. Stat. § 27-201 (6) (Reissue 2008) includes judicial activity which occurs after commencement of an action and includes judicial action in an appeal.”
State v. McMillion, 875 N.W.2d 877 (Neb. Ct. App. 2016).
Neb. Rev. Stat. § 27-201(5): 4 cases
State v. Linn, 539 N.W.2d 435 (Neb. 1995).
J.B. Contracting Servs., Inc. v. Universal Sur. Co., 624 N.W.2d 13 (Neb. 2001).
JB Contracting Servs. v. UNIVERSAL SUR., 624 N.W.2d 13 (Neb. 2001).
In re Guardianship of Kyoko R., No. A-18-595 (Neb. Ct. App. Oct. 15, 2019).
Neb. Rev. Stat. § 27-201(6): 10 cases
State v. Brown, 964 N.W.2d 682 (Neb. 2021). “We stated that in its analysis, the trial court had “noted that the Nebraska Supreme Court had issued orders and guidelines in response to the COVID-19 pandemic and effectively took judicial notice of such orders and guidelines, as it could do.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016). “A proceed- ing under Neb. Rev. Stat. § 27-201 (6) (Reissue 2008) includes judicial activity which occurs after commencement of an action and includes judicial action in an appeal.”
Trausch v. Hagemeier, 985 N.W.2d 402 (Neb. 2023). “[14] A court may judicially notice existence of its records and the records of another court, but judicial notice of facts reflected in a court’s records is subject to the doctrines of claim preclusion, issue preclusion, and the law of the case.”
Wolgamott v. Abramson, 570 N.W.2d 818 (Neb. 1997).
Hagelstein v. Swift-Eckrich Div. of ConAgra, 597 N.W.2d 394 (Neb. 1999). “It is also provided by Neb. Rev. Stat. § 27-201 (Reissue 1995) that a court may take judicial notice of “adjudicative facts,” given certain statutory imitations.”
Neb. Rev. Stat. § 27-201(7): 1 case
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022).
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