(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, 310 Neb. 224 (Neb. 2021).
State v. Brown, 310 Neb. 224 (Neb. 2021).
· cites it 11× “Neb. Rev. Stat. § 27-201 (Reissue 2016) allows a court to take judicial notice of adjudicative facts.”
State v. McMillion, 23 Neb. Ct. App. 687 (Neb. Ct. App. 2016).
· cites it 8× “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).
· cites it 10× “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).
· cites it 6× “201, Neb. Rev. Stat. § 27-201 (Reissue 1995). J.”
Betterman v. Dept. of Motor Vehs., 728 N.W.2d 570 (Neb. 2007).
· cites it 5× “) 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, 297 Neb. 748 (Neb. 2017).
· cites it 5× “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).
· cites it 10× “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).
· cites it 6× “Neb. Rev. Stat. § 27-201 (3) (Reissue 1995).”
Trausch v. Hagemeier, 313 Neb. 538 (Neb. 2023).
· cites it 4× “§ 27-201 (2)(b) (Reissue 2016), which provides that judicial notice may be taken of any fact not subject to reasonable dis- pute, when such fact is capable of accurate and ready determi- nation by resort to sources whose accuracy cannot reasonably be questioned.”
State v. Vejvoda, 438 N.W.2d 461 (Neb. 1989).
· cites it 4× “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…”
DMK Biodiesel v. McCoy, 830 N.W.2d 490 (Neb. 2013).
· cites it 2× “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, 310 Neb. 224 (Neb. 2021).
“Neb. Rev. Stat. § 27-201 (Reissue 2016) allows a court to take judicial notice of adjudicative facts.”
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…”
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
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(3) — 10 cases
State v. Brown, 310 Neb. 224 (Neb. 2021).
“Neb. Rev. Stat. § 27-201 (Reissue 2016) allows a court to take judicial notice of adjudicative facts.”
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…”
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.”
— Neb. Rev. Stat. § 27-201(5) — 4 cases
— Neb. Rev. Stat. § 27-201(6) — 10 cases
State v. Brown, 310 Neb. 224 (Neb. 2021).
“Neb. Rev. Stat. § 27-201 (Reissue 2016) allows a court to take judicial notice of adjudicative facts.”
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, 313 Neb. 538 (Neb. 2023).
“§ 27-201 (2)(b) (Reissue 2016), which provides that judicial notice may be taken of any fact not subject to reasonable dis- pute, when such fact is capable of accurate and ready determi- nation by resort to sources whose accuracy cannot reasonably be questioned.”
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
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