Wis. Stat. » CHAPTER 902 — EVIDENCE — JUDICIAL NOTICE

Wis. Stat. § 902.01

Judicial notice of adjudicative facts

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902.01902.01 Judicial notice of adjudicative facts.
902.01(1)(1) Scope. This section governs only judicial notice of adjudicative facts.
902.01(2)(2) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is any of the following:
902.01(2)(a)(a) A fact generally known within the territorial jurisdiction of the trial court.
902.01(2)(b)(b) A fact capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
902.01(3)(3) When discretionary. A judge or court may take judicial notice, whether requested or not.
902.01(4)(4) When mandatory. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
902.01(5)(5) 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.
902.01(6)(6) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.
902.01(7)(7) Instructing jury. The judge shall instruct the jury to accept as established any facts judicially noticed.
902.01 HistoryHistory: Sup. Ct. Order, 59 Wis. 2d R1, R23 (1973); 1999 a. 85.
902.01 AnnotationWhen evidence was in conflict as to whether a substance found in the defendant’s possession was heroin, the judge could not take judicial notice of other sources without proper notice to the parties. State v. Barnes, 52 Wis. 2d 82, 187 N.W.2d 845 (1971).
902.01 AnnotationThe supreme court cannot take judicial notice of proceedings in a court other than that from which the appeal is taken. Perkins v. State, 61 Wis. 2d 341, 212 N.W.2d 141 (1973).
902.01 AnnotationThe supreme court declined to take judicial notice of the suggested fact that other employment of a like character was available to wrongfully suspended employees. State ex rel. Schilling v. Baird, 65 Wis. 2d 394, 222 N.W.2d 666 (1974).
902.01 AnnotationAn affidavit on file in another case does not meet the standards regarding judicial notice of facts outside of the record. Kornitz v. Commonwealth Land Title Insurance Co., 81 Wis. 2d 322, 260 N.W.2d 680 (1978).
902.01 AnnotationCourts may take judicial notice of the reliability of underlying principles of speed radar detection. State v. Hanson, 85 Wis. 2d 233, 270 N.W.2d 212 (1978).
902.01 AnnotationA court properly took judicial notice of the fact that rapid consumption of one-half quart of liquor probably caused a girl’s death. State ex rel. Cholka v. Johnson, 96 Wis. 2d 704, 292 N.W.2d 835 (1980).
902.01 AnnotationThe trial court erred by relying on its own experience in determining whether a demonstrative videotape was admissible as the judge’s opinion was not part of the record or a generally known fact suitable for judicial notice. State v. Peterson, 222 Wis. 2d 449, 588 N.W.2d 84 (Ct. App. 1998), 97-3737.
902.01 AnnotationA jury instruction under sub. (7) directing the jury to accept a judicially-noticed fact as true when applied to an element of a criminal offense eliminates the jury’s opportunity to reach an independent, beyond-a-reasonable-doubt decision on that element and is constitutional error, although it is subject to harmless error analysis. State v. Harvey, 2002 WI 93, 254 Wis. 2d 442, 647 N.W.2d 189, 00-0541.
902.01 AnnotationJudicial notice may be taken at any stage of the proceeding. This means that an appellate court may take judicial notice when it is appropriate. A party against whom the taking of judicial notice is sought must have a chance to object as to whether the matters are capable of indisputable proof and, therefore, subject to the taking of judicial notice. Sisson v. Hansen Storage Co., 2008 WI App 111, 313 Wis. 2d 411, 756 N.W.2d 667, 07-1426.
902.01 AnnotationIn Defense of Wisconsin’s Judicial Notice Rule. Beilin. 2003 WLR 499.
Notes of Decisions
Cited in 151 cases (74 in the last 5 years), 1978–2026 · leading case: State v. Harvey
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State v. Harvey (2002) wis · cites it 44× “This case presents a constitutional challenge to the jury instruction provision of Wisconsin's judicial notice statute, Wis. Stat. § 902.01 (7) (1997-98), [1] as applied to an element of a penalty enhancer in a criminal case.”
State v. Douglas D. (2001) wis · cites it 8× “"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…”
State v. Stevens (1994) wis · cites it 8× “"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…”
Lambrecht v. Estate of Kaczmarczyk (2001) wis · cites it 4× “Miller & Mary Kay Kane, Federal Practice & Procedure § 2722 (1998 & Supp. 2000) and cases cited therein; 10B Charles Alan Wright, Arthur R.”
Wisconsin Carry, Inc. v. City of Madison (2017) wis · cites it 4× “We may take notice of this material pursuant to Wis. Stat. § 902.01 (2)(b) & (3) (2013–14).”
State v. Smith (2012) wis · cites it 4× “" See Wis. Stat. § 902.01 (2) ("Kinds of facts.”
State v. Brent T. Novy (2013) wis · cites it 7× “35 Wisconsin case law, including Hampton I, warns that taking judicial notice of the fact that a juror was or was not sleeping without further inquiry is ordinarily inappropriate.”
State v. Williams (2001) wis · cites it 4× “See Wis. Stat. § 902.01 (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…”
State v. Harvey (2001) wisctapp · cites it 17× “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
State v. Brockdorf (2006) wis · cites it 8× “Pursuant to Wis. Stat. § 902.01 , in our discretion, we elect to take judicial notice of this document, which is "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”
State v. Holmes (1982) wis · cites it 3× “See sec. 902.01(2), Stats. 1979-80, and sec. 902.”
State v. Kandutsch (2011) wis · cites it 3× “Second, the trial judge may take judicial notice of scientific principles, methods, and tests based on case law (precedent) or the terms of Wis. Stat. § 902.01 . Judicially noticed or statutorily approved tests and principles are accorded a prima facie presumption of accuracy.”
Show all 151 citing cases →
— Wis. Stat. § 902.01(1) — 1 case
State v. Harvey (2001) wisctapp “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
— Wis. Stat. § 902.01(2) — 30 cases
State v. Stevens (1994) wis “"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…”
State v. Holmes (1982) wis “See sec. 902.01(2), Stats. 1979-80, and sec. 902.”
State v. Hanson (1978) wis
State v. Peterson (1998) wisctapp
In Matter of Estate of Friedli (1991) wisctapp
— Wis. Stat. § 902.01(2)(a) — 2 cases
H&J Properties, LLC v. Jon Mark (2022) wisctapp
Alp Baysal v. American Family Life Insurance Company (2025) wisctapp
— Wis. Stat. § 902.01(2)(b) — 15 cases
State v. Kandutsch (2011) wis “Second, the trial judge may take judicial notice of scientific principles, methods, and tests based on case law (precedent) or the terms of Wis. Stat. § 902.01 . Judicially noticed or statutorily approved tests and principles are accorded a prima facie presumption of accuracy.”
State v. Redmond (1996) wisctapp
Trinidad v. Capitol Indemnity Corporation (2009) wis
Global Proppant Supply, LLC v. Shadowland Holdings, LLC (2020) wisctapp
Michael Chambers v. Housing Authority of The City of Milwaukee (2020) wisctapp
— Wis. Stat. § 902.01(3) — 2 cases
City of Edgerton v. General Casualty Co. of Wisconsin (1992) wisctapp
State v. Harvey (2001) wisctapp “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
— Wis. Stat. § 902.01(4) — 6 cases
State v. Holmes (1982) wis “See sec. 902.01(2), Stats. 1979-80, and sec. 902.”
State v. Harvey (2001) wisctapp “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
C. T. L. v. M. L. K. (2023) wisctapp
Holt v. Hegwood (2005) wisctapp
Curtis Corbeille v. Elisa Barone-Corbeille (2022) wisctapp
— Wis. Stat. § 902.01(6) — 2 cases
State v. Koeppen (1995) wisctapp
State v. Harvey (2001) wisctapp “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
— Wis. Stat. § 902.01(7) — 1 case
State v. Harvey (2001) wisctapp “Wis. Stat. § 902.01 (1). Adjudicative facts are "simply the facts of the particular case," that is, " 'who did what, where, when, how, and with what motive or intent.”
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