Page:United States Statutes at Large Volume 76A.djvu/477

–381– -381of the presence or hearing of the jury, except that on the admissibility of a confession the judge, if requested, shall hear and determine the question out of the presence and hearing of the jury. But this section shall not be construed to limit the right of a party to introduce before the jury evidence relevant to weight or credibility. Subchapter II—Judicial Notice § 2761. Facts which must or may be judicially noticed (a) Judicial notice shall be taken without request by a party, of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States, and of such specific facts and propositions of generalized linowledge as are so universally known that they cannot reasonably be the subject of dispute. (b) Judicial notice may be taken without request by a party, of (1) private acts and resolutions of the Congress of the United States, and duly enacted ordinances and duly published regulations of any agency of the United States, and (2) the laws of foreign countries, and (3) such facts as are so generally known or of such common notoriety within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute, i n d (4) specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy. (c) Judicial notice shall be taken of each matter specified in paragraph (b) of this section if a party requests it and (1) furnishes the judge sufficient information to enable him properly to comply with the request and (2) has given each adverse party such notice as the judge may require to enable the adverse party to prepare to meet the request. § 2762. Determination as to propriety of judicial notice and tenor of matter noticed (a) The judge shall afford each party reasonable opportunity to present to him information relevant to the propriety of taking judicial notice of a matter or to the tenor of the matter to be noticed. (b) In determining the propriety of taking judicial notice of a matter or the tenor thereof, (1) the judge may consult and use any source of pertinent information, whether or not furnished by a paity, and (2) no exclusionary rule except a valid claim of privilege shall apply. (c) If the information possessed by or readily available to the judge, whether or not furnished by the parties, fails to convince him that a matter falls clearly within section 2761 of this title, or if it is insufficient to enable him to notice the matter judicially, he shall decline to take judicial notice thereof. (d) In any event the determination either by judicial notice or from evidence of the applicability and the tenor of any matter of common law, constitutional law, or of any statute, private act, resolution, ordinance or regulation falling within section 2761 of this title, is a matter for the judge and not for the jury. § 2763. Instructing the trier of fact as to matter judicially noticed If a matter judicially noticed is other than the common law or constitution or public statutes of the United States, the judge shall indicate for the record the matter which is judicially noticed and if the matter would otherwise have been for determination by a trier of fact other than the judge, he shall instruct the trier of the fact to accept as a fact the matter so noticed.

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