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Rule 202 Judicial Notice of Law

PRESUMPTIONS IN CIVIL CASES

(a) Judicial Notice of Laws. Every court in this State must take judicial notice of the United States Constitution, case law relating thereto, and the Constitution, common law, case law and statutes of this State.

(1) Every court in this State may take judicial notice of the common law, case law and statutes of the United States and every state, territory and jurisdiction of the United States.

(2) Reasonable notice of a request for judicial notice must be given to the adverse parties.

(b) Information of the Court. The court may inform itself of the laws identified in paragraph (a) of this Rule in any manner that it deems proper. The court may call upon counsel to aid it in obtaining this information.

(c) Ruling Reviewable. The determination of the laws identified in paragraph (a) of this Rule must be made by the court and not by the jury. The determination is reviewable on appeal.

(d) Private Acts, Regulations, Ordinances, Court Records.

(1) The court may, without request by a party, take judicial notice of

(A) the private acts and resolutions of the Congress of the United States and of the General Assembly of this State, and of every other state, territory and jurisdiction of the United States;

(B) the duly enacted ordinances and duly published regulations and determinations of governmental subdivisions or agencies of the United States, of this State and of every other state, territory and jurisdiction of the United States; and

(C) the records of the court in which the action is pending and of any other court of this State or federal court sitting in or for this State.

(2) In the following circumstances, judicial notice must be taken of each matter specified in this rule:

(A) a party requests it;

(B) the requesting party furnishes the court sufficient information to enable the court properly to comply with the request; and

(C) the requesting party has given each adverse party notice of the request in the pleadings or at least 20 days before the trial. The court, however, may permit the requesting party to give notice at any time in the interest of justice.

(e) Notice, Information, Ruling on Laws of Foreign Country. A party who intends to raise an issue concerning the law of a foreign country must give notice in the pleadings or other reasonable written notice. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under these Rules. The court’s determination is treated as a ruling on a question of law.