N.Y. Comp. Codes R. & Regs. tit. 9 § 517.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 517.2 - Judicial notice

(a) Judicial notice of adjudicative facts.

(1) Scope of rule. This subdivision 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:

(i) generally known universally, locally, or in the area pertinent to the event; or

(ii) 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 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) 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.

(b) Judicial notice of law.

(1) Domestic law. The military judge may take judicial notice of domestic law. Insofar as a domestic law is a fact that is of consequence to the determination of the action, the procedural requirements of Mil. R. Evid. 201--except Mil. R. Evid. 201(g)--apply.

(2) Foreign law. A party who intends to raise an issue concerning the law of a foreign country shall 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 these rules. Such a determination shall be treated as a ruling on a question of law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.2