§ 40.085 Rule 201(g). Instructing the jury

When a judge officially recognizes a fact without requiring proof (this is called "judicial notice"), the jury has to be told how to treat that fact. The rule handles civil and criminal cases differently.

In a civil case, if the judge takes judicial notice of a fact or a point of law, the jury must accept it as true. They don't get to question it or decide otherwise. It becomes a settled part of the case.

In a criminal case, the rule works differently to protect the defendant's rights. If the judge takes judicial notice of a fact that helps the prosecution's side, the jury can choose to accept it as true, but they don't have to. The jury still gets the final say on whether they believe that fact, even though the judge has recognized it as generally accurate. This gives criminal defendants more protection, since the jury remains free to weigh the evidence and reach its own conclusion on facts that work against them.