Evidence: Rule 129 — What Need Not Be Proved
RULE 129 — WHAT NEED NOT BE PROVED Three (3) matters which can displace evidence. Judicial notice Judicial admission Presumption A party's evidence despite judicial notice and the adverse party's evidence to impugn judicial notice Judicial notice allows a court to recognize certain facts as true without requiring formal evidence. This can expedite proceedings by eliminating the need to prove undisputed facts. When a court takes judicial notice of a fact, that fact does not require further proof from the party that would typically have the burden of establishing it. The rationale is that these facts are so universally accepted or established that they do not need evidentiary support. While judicial notice relieves a party from introducing evidence to establish certain facts, it does not prevent the opposing party from presenting evidence to dispute those facts. Judicial notice does not preclude an adversary from challenging the validity of the noticed fact through evi...