2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
R4511 - Judicial notice of law.


NY CPLR § R4511 (2012) What's This?
 
    Rule  4511.  Judicial notice of law. (a) When judicial notice shall be
  taken without request. Every court shall take  judicial  notice  without
  request  of  the  common  law,  constitutions and public statutes of the
  United States and of every state,  territory  and  jurisdiction  of  the
  United  States  and  of  the  official  compilation  of codes, rules and
  regulations of  the  state  except  those  that  relate  solely  to  the
  organization or internal management of an agency of the state and of all
  local laws and county acts.
    (b)  When  judicial notice may be taken without request; when it shall
  be taken on request.  Every  court  may  take  judicial  notice  without
  request  of  private  acts and resolutions of the congress of the United
  States and of the legislature of the state; ordinances  and  regulations
  of  officers,  agencies  or governmental subdivisions of the state or of
  the United States; and the laws of foreign countries or their  political
  subdivisions.    Judicial  notice shall be taken of matters specified in
  this subdivision if a party requests it, furnishes the court  sufficient
  information  to enable it to comply with the request, and has given each
  adverse party notice of his intention to request  it.  Notice  shall  be
  given  in  the pleadings or prior to the presentation of any evidence at
  the trial, but a court may require or permit other notice.
    (c) Determination by court; review as matter of law. Whether a  matter
  is  judicially noticed or proof is taken, every matter specified in this
  section shall be determined by the judge or referee, and included in his
  findings or charged to the  jury.  Such  findings  or  charge  shall  be
  subject to review on appeal as a finding or charge on a matter of law.
    (d)  Evidence  to  be  received on matter to be judicially noticed. In
  considering whether a matter of law should be judicially noticed and  in
  determining  the  matter  of law to be judicially noticed, the court may
  consider  any  testimony,  document,  information  or  argument  on  the
  subject,  whether  offered  by  a  party  or  discovered through its own
  research.  Whether or not judicial notice is taken, a printed copy of  a
  statute  or  other  written  law  or  a  proclamation,  edict, decree or
  ordinance by an executive contained in a book or publication, purporting
  to have been published by a government or commonly admitted as  evidence
  of  the existing law in the judicial tribunals of the jurisdiction where
  it is in force, is prima facie evidence of such law and the unwritten or
  common law of a jurisdiction may  be  proved  by  witnesses  or  printed
  reports of cases of the courts of the jurisdiction.

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