Because both trial and appellate courts are charged with interpreting the law, judicial notice of legislative facts should be equally available at all levels of the proceedings. The trial court is the first level in interpreting the law. The trial courts' need to take judicial notice exists in innumerable situations, such as deciding motions for summary judgment, ruling on the admissibility of evidence, and instructing the jury. An appellate court may take judicial notice of facts different or opposed to those facts noticed by the trial court.
Appellate courts review de novo all questions of law decided by the trial court.
Because legislative facts are used to interpret the law, the appellate court is free to accept or reject the facts relied on by the trial court in interpretation of the law, as well as take judicial notice of facts not considered by the trial court. Click here to return to Revised Rule 202.