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