Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart F - THE ILLINOIS MILITARY RULES OF EVIDENCE
Section 400.605 - Judicial Notice
Universal Citation: 95 IL Admin Code ยง 400.605
Current through Register Vol. 48, No. 12, March 22, 2024
a) Judicial Notice of Adjudicative Facts
1) Scope
of Section. This Section governs only judicial notice of adjudicative
facts.
2) Kinds of Facts. A
judicially noticed fact must be one not subject to reasonable dispute in that
it is either:
A) generally known universally,
locally, or in the area pertinent to the event; or
B) capable of accurate and ready
determination by resort to sources whose accuracy cannot reasonably be
questioned.
3) When
Discretionary. The military judge may take judicial notice, whether requested
or not. The parties shall be informed in open court when, without being
requested, the military judge takes judicial notice of an adjudicative fact
essential to establishing an element of the case.
4) When Mandatory. The military judge shall
take judicial notice if requested by a party and supplied with the necessary
information.
5) Opportunity To Be
Heard. A party is entitled, upon timely request, to an opportunity to be heard
on 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) Time of
Taking Notice. Judicial notice may be taken at any stage of the
proceeding.
7) Instructing Members.
The military judge shall instruct the members that they may, but are not
required to, accept as conclusive any matter judicially noticed. (Il. Mil. R.
Evid. 201)
b) Judicial Notice of Law
1) Domestic Law. The military
judge may take judicial notice of State and federal law. If the law is a fact
that is of consequence to the determination of the action, the procedural
requirements of subsections (a)(1) through (6) apply.
2) Foreign Law. A party who intends to raise
an issue concerning the law of a foreign country must give reasonable written
notice. The military judge, in determining foreign law, may consider any
relevant material or source, including testimony, whether or not submitted by a
party or admissible under this Subpart. This determination is a ruling on a
question of law. (Il. Mil. R. Evid. 201A)
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