Nev. Rev. Stat. § 49.245 — NV Code / Title 4 / Chapter 49 / Section 49.245
Exceptions
Status: in_force

There is no privilege under NRS 49.225 or 49.235 :

1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

2. For communications relevant to any determination made pursuant to NRS 202.360 .

3. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

4. As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

5. In a prosecution or mandamus proceeding under chapter 441A of NRS .

6. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

7. As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061 .

8. As to records that are required by chapter 453 of NRS to be maintained.

9. As to reports made to the Department of Motor Vehicles pursuant to subsection 2 of NRS 483.575 and any statements provided to the Department pursuant to NRS 629.047 .

10. If the services of the physician are sought or obtained to enable or aid a person to commit or plan to commit fraud or any other unlawful act in violation of any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS which the person knows or reasonably should know is fraudulent or otherwise unlawful.
Nev. Rev. Stat. § 47.020 — NV Code / Title 4 / Chapter 47 / Section 47.020
Scope of title 4 of NRS
Status: in_force

1. This title governs proceedings in the courts of this State and before magistrates, except: (a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and (b) As otherwise provided in subsection 3.

2. Except as otherwise provided in subsection 1, the provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.

3. The other provisions of this title, except with respect to provisions concerning a person with limited English proficiency, do not apply to: (a) Issuance of warrants for arrest, criminal summonses and search warrants. (b) Proceedings with respect to release on bail. (c) Sentencing, granting or revoking probation. (d) Proceedings for extradition.

4. As used in this section, “person with limited English proficiency” has the meaning ascribed to it in NRS 1.510 .
Nev. Rev. Stat. § 52.355 — NV Code / Title 4 / Chapter 52 / Section 52.355
Order for production of original documents; appearance by custodian
Status: in_force

1. If during a trial or discovery proceeding the authenticity of the record or a question of interpretation of handwriting is involved, the court may order the original documents produced.

2. If the personal attendance of a custodian of the medical records is required, the subpoena shall clearly state such demand.

3. If a custodian will personally appear, the original medical records shall be produced.
Nev. Rev. Stat. § 53.030 — NV Code / Title 4 / Chapter 53 / Section 53.030
Certification of signature of officer to affidavit taken in another state or territory
Status: in_force

When an affidavit is taken before a judge of a court in another state or in a territory of the United States, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof shall be certified by the clerk of the court, under the seal thereof.
Nev. Rev. Stat. § 49.185 — NV Code / Title 4 / Chapter 49 / Section 49.185
General rule of privilege
Status: in_force

A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications:

1. Between the client or the client’s representative and the client’s accountant or the representative of the client’s accountant.

2. Between the client’s accountant and the accountant's representative.

3. Made for the purpose of facilitating the rendition of professional accounting services to the client, by the client or the client’s accountant to an accountant representing another in a matter of common interest.
Nev. Rev. Stat. § 52.345 — NV Code / Title 4 / Chapter 52 / Section 52.345
Notice of delivery to clerk of court
Status: in_force

The custodian of the medical record which has been subpoenaed shall promptly notify the attorney for the party who caused the subpoena to be issued that the documents involved have been delivered to the court. For purposes of this notice it is sufficient for the custodian to deliver to such attorney a copy of the certificate verifying the contents and authenticity of the medical record so supplied.
Nev. Rev. Stat. § 49.085 — NV Code / Title 4 / Chapter 49 / Section 49.085
“Representative of the lawyer” defined
Status: in_force

“Representative of the lawyer” means a person employed by the lawyer to assist in the rendition of professional legal services.
Nev. Rev. Stat. § 52.255 — NV Code / Title 4 / Chapter 52 / Section 52.255
Admissibility of other evidence of contents
Status: in_force

Except as otherwise provided in NRS 52.247 , the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:

1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent;

2. No original can be obtained by any available judicial process or procedure;

3. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or

4. The writing, recording or photograph is not closely related to a controlling issue.
Nev. Rev. Stat. § 50.135 — NV Code / Title 4 / Chapter 50 / Section 50.135
Prior statements of witness
Status: in_force

1. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown or its contents disclosed to the witness, but on request the statement shall be shown or disclosed to opposing counsel.

2. Extrinsic evidence of a prior contradictory statement by a witness is inadmissible unless: (a) The statement fulfills all the conditions required by subsection 3 of NRS 51.035 ; or (b) The witness is afforded an opportunity to explain or deny the statement and the opposite party is afforded an opportunity to interrogate the witness thereon.
Nev. Rev. Stat. § 51.315 — NV Code / Title 4 / Chapter 51 / Section 51.315
General exception; other exceptions illustrative
Status: in_force

1. A statement is not excluded by the hearsay rule if: (a) Its nature and the special circumstances under which it was made offer strong assurances of accuracy; and (b) The declarant is unavailable as a witness.

2. The provisions of NRS 51.325 to 51.355 , inclusive, are illustrative and not restrictive of the exception provided by this section.
Nev. Rev. Stat. § 49.2508 — NV Code / Title 4 / Chapter 49 / Section 49.2508
Exceptions
Status: in_force

There is no privilege under NRS 49.2504 or 49.2506 :

1. If the client communicates to the clinical professional counselor that the client intends or plans to commit what the client knows or reasonably should know is a crime.

2. If the clinical professional counselor is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his or her client or the minor children of his or her client.

3. For communications relevant to an issue in proceedings to hospitalize the client for mental illness, if the clinical professional counselor in the course of diagnosis or treatment has determined that the client is in need of hospitalization.

4. As to communications relevant to an issue of the treatment of the client in any proceeding in which the treatment is an element of a claim or defense.
Nev. Rev. Stat. § 52.375 — NV Code / Title 4 / Chapter 52 / Section 52.375
Fees for subpoenas; admissibility of medical records
Status: in_force

NRS 52.320 to 52.365 , inclusive, do not affect:

1. Subpoena fee requirements provided by statute or rule of court.

2. The admissibility of the contents of a medical record.
Nev. Rev. Stat. § 52.095 — NV Code / Title 4 / Chapter 52 / Section 52.095
Ancient documents; compilations of data
Status: in_force

Evidence that a document or data compilation, in any form:

1. Is in such condition as to create no suspicion concerning its authenticity;

2. Was in a place where it, if authentic, would likely be; and

3. Is at least 20 years old at the time it is offered, is sufficient to authenticate the document or compilation.
Nev. Rev. Stat. § 49.015 — NV Code / Title 4 / Chapter 49 / Section 49.015
Privileges recognized only as provided
Status: in_force

1. Except as otherwise required by the Constitution of the United States or of the State of Nevada, and except as otherwise provided in this title or title 14 of NRS, or NRS 41.071 or 463.120 or any other specific statute, no person has a privilege to: (a) Refuse to be a witness; (b) Refuse to disclose any matter; (c) Refuse to produce any object or writing; or (d) Prevent another from being a witness or disclosing any matter or producing any object or writing.

2. This section does not: (a) Impair any privilege created by title 14 of NRS or by the Nevada Rules of Civil Procedure which is limited to a particular stage of the proceeding; or (b) Extend any such privilege to any other stage of a proceeding.
Nev. Rev. Stat. § 50.245 — NV Code / Title 4 / Chapter 50 / Section 50.245
Cases from municipal court brought before district court
Status: in_force

Where criminal or quasi-criminal cases originating in the municipal court of an incorporated city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses to the district judge, who shall, upon approval thereof, by an order subscribed by the district judge, direct the city treasurer to pay the amounts due. Upon the production of the order, or a certified copy thereof, the city treasurer shall pay the sum specified therein out of any fund in the city treasury not otherwise specially appropriated or set apart. It is not necessary for such an order to be otherwise audited or approved.
Nev. Rev. Stat. § 50.125 — NV Code / Title 4 / Chapter 50 / Section 50.125
Writing used to refresh memory
Status: in_force

1. If a witness uses a writing to refresh his or her memory: (a) While testifying, an adverse party is entitled: (1) To have it produced at the hearing; (2) To inspect it; (3) To cross-examine the witness thereon; and (4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness's credibility. (b) Before testifying, if the judge in his or her discretion determines that the interests of justice so require, an adverse party is entitled: (1) To have it produced at the hearing; (2) To inspect it; (3) To cross-examine the witness thereon; and (4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness's credibility.

2. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.

3. If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the State elects not to comply, the order shall be one: (a) Striking the testimony; or (b) If the judge in his or her discretion determines that the interests of justice so require, declaring a mistrial.
Nev. Rev. Stat. § 52.415 — NV Code / Title 4 / Chapter 52 / Section 52.415
Authentication of copies
Status: in_force

The content of records of a casino or hotel, if otherwise admissible, may be proved by a copy of the record which is authenticated by a custodian of the records of a casino or hotel in a signed affidavit. The custodian must verify in the affidavit that the copy is a true and complete reproduction of the original record of a hotel or casino and that the original record was made at or near the time of the act or event concerning which information was recorded, by or from information transmitted by a person with knowledge of the act or event, and in the course of a regularly conducted activity. The affidavit required by this section must be substantially in the form prescribed in subsection 3 of NRS 52.260 .
Nev. Rev. Stat. § 50.050 — NV Code / Title 4 / Chapter 50 / Section 50.050
Interpreters for person with communications disability: Definitions; appointment required in judicial proceedings; compensation; certain persons not required to pay for interpreter
Status: in_force

1. As used in NRS 50.050 to 50.053 , inclusive, unless the context requires otherwise: (a) “ Interpreter ” means a: (1) Registered community interpreter; or (2) Person who is appointed as an interpreter pursuant to subsection 2 of NRS 50.0515 . (b) “ Person with a communications disability ” means a person who, because the person is deaf or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings. (c) “ Registered community interpreter ” means a person registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a community setting.

2. In all judicial proceedings in which a person with a communications disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to that person and to interpret the testimony of that person to the court, magistrate or other person presiding.

3. The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature, the compensation of the interpreter may be taxed as costs, except that the person with a communications disability for whose benefit the interpreter is appointed must not be taxed, charged a fee or otherwise required to pay any portion of the compensation of the interpreter.

4. Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expenses claimed.
Nev. Rev. Stat. § 53.200 — NV Code / Title 4 / Chapter 53 / Section 53.200
Uniformity of application and construction
Status: in_force

In applying and construing the Uniform Interstate Depositions and Discovery Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Nev. Rev. Stat. § 49.119 — NV Code / Title 4 / Chapter 49 / Section 49.119
General rule of privilege
Status: in_force

A review committee has a privilege to refuse to disclose and to prevent any other person from disclosing its proceedings and records and testimony given before it.
Nev. Rev. Stat. § 50.155 — NV Code / Title 4 / Chapter 50 / Section 50.155
Exclusion and sequestration of witnesses
Status: in_force

1. Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and the judge may make the order of his or her own motion.

2. This section does not authorize the exclusion of: (a) A party who is a natural person; (b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; (c) A person whose presence is shown by a party to be essential to the presentation of that party’s cause; or (d) Except as otherwise provided in NRS 171.204 , any of the persons listed in subsection 1 of that section.

3. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.
Nev. Rev. Stat. § 51.385 — NV Code / Title 4 / Chapter 51 / Section 51.385
Admissibility; notice of unavailability or inability of child to testify
Status: in_force

1. In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child or any act of physical abuse of the child is admissible in a criminal proceeding regarding that act of sexual conduct or physical abuse if: (a) The court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and (b) The child testifies at the proceeding or is unavailable or unable to testify.

2. In determining the trustworthiness of a statement, the court shall consider, without limitation, whether: (a) The statement was spontaneous; (b) The child was subjected to repetitive questioning; (c) The child had a motive to fabricate; (d) The child used terminology unexpected of a child of similar age; and (e) The child was in a stable mental state.

3. If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecution's intention to offer the statement in evidence.
Nev. Rev. Stat. § 49.2546 — NV Code / Title 4 / Chapter 49 / Section 49.2546
When communication deemed to be confidential; “communication” defined
Status: in_force

1. A communication shall be deemed to be confidential if the communication is between a victim and a victim's advocate and is not intended to be disclosed to third persons other than: (a) A person who is present to further the interest of the victim; (b) A person reasonably necessary for the transmission of the communication; or (c) A person who is participating in the advice, counseling or assistance of the victim, including, without limitation, a member of the victim's family.

2. As used in this section, “ communication ” includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of: (a) The victim's advocate; or (b) A program or organization described in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 49.2545 for whom the victim's advocate works.
Nev. Rev. Stat. § 52.085 — NV Code / Title 4 / Chapter 52 / Section 52.085
Public records and reports
Status: in_force

Evidence that:

1. A writing authorized by law to be recorded or filed and in fact recorded or filed in a public office; or

2. A purported public record, report, statement or data compilation, in any form,

is from the public office where items of this nature are kept is sufficient to authenticate the writing, record, report, statement or compilation.
Nev. Rev. Stat. § 51.225 — NV Code / Title 4 / Chapter 51 / Section 51.225
Statement in document affecting interest in property
Status: in_force

A statement contained in a document purporting to establish or affect an interest in property is not inadmissible under the hearsay rule if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
Nev. Rev. Stat. § 52.275 — NV Code / Title 4 / Chapter 52 / Section 52.275
Summaries
Status: in_force

1. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation.

2. The originals shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that the originals be produced in court.
Nev. Rev. Stat. § 50.310 — NV Code / Title 4 / Chapter 50 / Section 50.310
Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory
Status: in_force

1. The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory is admissible in evidence in any civil, criminal or administrative proceeding to prove: (a) That the affiant or declarant is a laboratory director. (b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant or declarant is the laboratory director. The affidavit or declaration must contain the evidentiary foundation upon which the results of the test are based, including the description of the test, the personnel involved and the controls employed in conducting the test.

2. As used in this section: (a) “Laboratory director” has the meaning ascribed to it in NRS 652.050 . (b) “Medical laboratory” has the meaning ascribed to it in NRS 652.060 .
Nev. Rev. Stat. § 51.345 — NV Code / Title 4 / Chapter 51 / Section 51.345
Statement against interest
Status: in_force

1. A statement which at the time of its making: (a) Was so far contrary to the pecuniary or proprietary interest of the declarant; (b) So far tended to subject the declarant to civil or criminal liability; (c) So far tended to render invalid a claim by the declarant against another; or (d) So far tended to make the declarant an object of hatred, ridicule or social disapproval, that a reasonable person in the position of the declarant would not have made the statement unless the declarant believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

2. This section does not make admissible a statement or confession offered against the accused made by a codefendant or other person implicating both himself or herself and the accused.
Nev. Rev. Stat. § 52.470 — NV Code / Title 4 / Chapter 52 / Section 52.470
Subpoenaed records: Delivery of authenticated copy by custodian; notice and availability upon receipt; preservation
Status: in_force

1. A custodian of the records of a banking or financial institution complies with a subpoena requesting the production of the records of a banking or financial institution by delivering true and complete copies of the original records to the attorney for the party who caused the subpoena to be issued. The copies may be delivered personally or by mail and must be accompanied by the affidavit authenticating the records required by NRS 52.460 .

2. Upon receipt of the requested records, the attorney for the party who caused the subpoena to be issued shall promptly notify all parties to the action of their receipt and make the records available for their inspection and copying.

3. The records must be preserved and maintained as a cohesive unit and may not be separated except upon the order of the court.
Nev. Rev. Stat. § 53.110 — NV Code / Title 4 / Chapter 53 / Section 53.110
Definitions
Status: in_force

As used in NRS 53.100 to 53.200 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 53.120 to 53.160 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 51.245 — NV Code / Title 4 / Chapter 51 / Section 51.245
Market reports; commercial publications
Status: in_force

Market quotations, tabulations, lists, directories or other published compilations, generally used and relied upon by the public or by persons in particular occupations, are not inadmissible under the hearsay rule.
Nev. Rev. Stat. § 53.150 — NV Code / Title 4 / Chapter 53 / Section 53.150
“State” defined
Status: in_force

“ State ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Nev. Rev. Stat. § 47.230 — NV Code / Title 4 / Chapter 47 / Section 47.230
Presumptions against accused in criminal actions
Status: in_force

1. In criminal actions, presumptions against an accused recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this section.

2. The judge shall not direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. Under other presumptions, the existence of the presumed fact may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact.

3. Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt.
Nev. Rev. Stat. § 47.090 — NV Code / Title 4 / Chapter 47 / Section 47.090
Revised Statutes Preliminary hearings on confessions and evidence
Status: in_force

Preliminary hearings on the admissibility of confessions or statements by the accused or evidence allegedly unlawfully obtained shall be conducted outside the hearing of the jury. The accused does not by testifying at the hearing subject himself or herself to cross-examination as to other issues in the case. Testimony given by the accused at the hearing is not admissible against the accused on the issue of guilt at the trial.
Nev. Rev. Stat. § 51.195 — NV Code / Title 4 / Chapter 51 / Section 51.195
Marriage, baptismal and similar certificates
Status: in_force

Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, public official or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter, are not inadmissible under the hearsay rule.
Nev. Rev. Stat. § 50.205 — NV Code / Title 4 / Chapter 50 / Section 50.205
Warrant for arrest of witness failing to attend; appointment of attorney; appearance before court or officer; exceptions for witness who is victim of domestic violence or sexual assault
Status: in_force

1. In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.

2. Upon the arrest of a witness pursuant to subsection 1, the court or officer issuing the warrant shall appoint an attorney to represent the witness and provide the attorney: (a) With the last known contact information of the witness; and (b) Notice of every proceeding.

3. Except as otherwise provided in subsection 4, every witness detained pursuant to a warrant issued pursuant to this section must be brought before the court or officer as soon as practicable but not later than 72 hours after the beginning of the detention. The court or officer shall consider the least restrictive means to secure the presence of the witness and make a determination whether the detention of the witness should continue. If the court determines that the detention of the witness should continue, the court must make written findings stating why detention should continue.

4. A person detained as a witness pursuant to this section who is a victim of domestic violence or sexual assault: (a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention; (b) May be detained or continue detention pursuant to a determination by telephone; and (c) To the extent practicable, must have the attorney appointed pursuant to subsection 2 participate in any determination pursuant to this section.

5. The court or officer shall: (a) Set a schedule for the periodic review of whether detention should continue; and (b) Schedule the case in which the witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

6. As used in this section: (a) “ Domestic violence ” means the commission of any act described in NRS 33.018 . (b) “Sexual assault” has the meaning ascribed to it in NRS 49.2543 .
Nev. Rev. Stat. § 47.160 — NV Code / Title 4 / Chapter 47 / Section 47.160
Opportunity to be heard
Status: in_force

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 to be noticed.