§ 24-2-201. Judicial Notice of Adjudicative Facts

1. This Code section governs only judicial notice of adjudicative facts.
2. A judicially noticed fact shall be a fact which is not subject to reasonable dispute in that it is either:
   1. Generally known within the territorial jurisdiction of the court; or
   2. Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
3. A court may take judicial notice, whether or not requested by a party.
4. A court shall take judicial notice if requested by a party and provided with the necessary information.
5. A party shall be 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, such request may be made after judicial notice has been taken.
6. Judicial notice may be taken at any stage of the proceeding.
7. 1. In a civil proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed.
   2. In a criminal proceeding, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

History. Code 1981, § 24-2-201 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references.

Taking of judicial notice of agency rules, § 50-13-8 .

Judicial notice of adjudicative facts, Fed. R. Evid. 201.

Law reviews.

For comment on Carter v. Graves, 206 Ga. 234 , 56 S.E.2d 917 (1949), see 12 Ga. B.J. 476 (1950).

For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).