Page:United States Statutes at Large Volume 88 Part 2.djvu/615

 88 STAT.]

PUBLIC LAW 93-595-J AN. 2, 1975

(b) Kinds of facts.—A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary.—^A court may take judicial notice, whether requested or not. (d) When mandatory.—^A court shall take judicial notice if requested by a jDarty and supplied with the necessary information. (e) Opportunity to be heard.—A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice.—Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury.—In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. I n a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. ARTICLE III. PRESUMPTIONS I N CIVIL ACTIONS AND PROCEEDINGS

Eule 301. Presumptions in General in Civil Actions and Proceedings I n all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. Rule 302. Applicability of State Law in Civil Actions and Proceedings I n civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law. ARTICLE IV.

RELEVANCY AND I T S LIMITS

Rule 401. Definition of "Relevant Evidence" "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.

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