Conn. R. Evid. 2-2

As amended through April 25, 2023

Section 2-2 - Notice and Opportunity To Be Heard

(a)Request of party. A party requesting the court to take judicial notice of a fact shall give timely notice of the request to all other parties. Before the court determines whether to take the requested judicial notice, any party shall have an opportunity to be heard.

(b)Court's initiative. The court may take judicial notice without a request of a party to do so. Parties are entitled to receive notice and have an opportunity to be heard for matters susceptible of explanation or contradiction, but not for matters of established fact, the accuracy of which cannot be questioned.

Conn. Code. Evid. 2-2

Amended Dec. 14, 2017, to take effect 2/1/2018.

COMMENTARY

(a) Request of party.

Subsection (a) states what appeared to be the preferred practice at common law. Drabik v. East Lyme, 234 Conn. 390, 398, 662 A.2d 118 (1995); State ex rel. Capurso v. Flis, 144 Conn. 473, 477-78, 133 A.2d 901 (1957); Nichols v. Nichols, 126 Conn. 614, 622, 13 A.2d 591 (1940).

(b) Court's initiative.

The first sentence is consistent with existing Connecticut law. E.g., Connecticut Bank & Trust Co. v. Rivkin, 150 Conn. 618, 622, 192 A.2d 539 (1963). The dichotomous rule in the second sentence represents the common-law view as expressed in Moore v. Moore, 173 Conn. 120, 121-22, 376 A.2d 1085 (1977). Although the court in Moore suggested that "it may be the better practice to give parties an opportunity to be heard'' on the propriety of taking judicial notice of accurate and established facts; id., 122; it did not so require. Accord Guerriero v. Galasso, 144 Conn. 600, 605, 136 A.2d 497 (1957).