2.4 Judicial Notice

            The court has decided to accept as proved the fact that [state fact]. You must accept this fact as true. 

Comment            

Aninstructionregarding judicialnoticeshouldbegivenatthetimenoticeistaken.Ina civilcase,theFederalRulesofEvidencepermitthejudgetodeterminethatafactissufficiently undisputed to be judicially noticed and requires that the jury be instructed that it is required to accept that fact.Fed. R. Evid. 201(f).In a criminal case, however, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.Id.; see United States v. Chapel,41F.3d1338,1342(9thCir.1994)(inacriminalcase,“thetrialcourtmustinstruct‘the jury that it may, but is not required to, accept as conclusive any fact judicially noticed’” (citing Fed.R.Evid.201(g))).Revised March 2025