2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article II. Judicial Notice › Rule 202. Judicial notice of law

Rule 202. Judicial notice of law.
(a) Scope of rule. This rule governs judicial notice of law.
(b) Kinds of law. Law includes but is not limited to the following:
(1) The common law, constitutions and statutes of the United States and of this and every other state, territory and jurisdiction of the United States;
(2) Duly enacted ordinances and regulations of governmental divisions of this state, including their charters;
(3) Regulations and legislative enactments issued by or under authority of the United States and of this and any state of the United States by or for their agencies or administrations;
(4) Official acts of the legislative, executive, and judicial departments of the United States and of this and any state of the United States;
(5) Private acts and resolutions of the Congress of the United States and of the legislature of this state;
(6) Records of any court of this state or of any court of record of the United States or any court of record of any state of the United States;
(7) Rules of practice and procedure of any court of this state or of any court of record of the United States or any court of record of any state of the United States;
(8) The law of foreign nations;
(9) International law;
(10) Maritime law;
(11) The seals of office of the officers of government in the legislative, executive, and judicial departments of government of the United States and of this and every other state, territory and jurisdiction of the United States, of any foreign jurisdiction recognized by the executive power of the United States, and of notaries public.
(c) When discretionary. A court may take judicial notice of the law listed in parts 2-10 of Rule 202(b) or other law, whether requested or not. The court may inform itself of any law in such manner as it may deem proper and the court may call upon counsel to aid it in obtaining such information.
(d) When mandatory. A court shall take judicial notice:
(1) of the common law, constitutions and statutes of the United States and of this and every other state, territory and jurisdiction of the United States; and
(2) of any other law when requested by a party and supplied with the necessary information.
(e) 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 law noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
(f) Time of taking notice.
(1) Judicial notice of the laws of this state and of the United States may be taken at any stage of the proceedings.
(2) Any party may present to the judge or court any admissible evidence of law. To enable a party to offer evidence of the law other than of this state and of the United States or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse party either in the pleadings or otherwise.
(g) Question for the court. Except as otherwise provided by law, the determination of law shall be made by the court.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.