§ 40.070 Rules 201(c) and 201(d). When mandatory or discretionary

A judge can decide on their own to accept certain facts as true without requiring proof, even if no one asks them to. This is called taking "judicial notice." It applies to things that are common knowledge or facts that can easily be checked and confirmed, like official records or well known information.

However, if one side in the case asks the judge to accept a fact this way, and gives the judge what they need to confirm it, the judge must do so. In other words, the judge has a choice on their own, but that choice becomes required once a party makes a proper request backed up with the right information.

This matters because it can save time in a case. Instead of making someone prove something that is obviously true or easy to verify, the judge can simply accept it as fact. This keeps the trial moving and avoids wasting time on points that are not really in dispute.