When May a Court Take Judicial Notice?
Posted on: April 22, 2010 by: admin
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We grant the motion to take judicial notice.
[110] Colorado Rule of Evidence 201 allows a court, “at any stage of the proceeding,” to take judicial notice of adjudicative facts, so long as those facts are “not subject to reasonable dispute” and are “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.” CRE 201(a), (b), (f); see also Prestige Homes, Inc. v. Legouffe, 658 P.2d 850, 853 (Colo. 1983) (appellate court may take judicial notice of facts under CRE 201(f)).
[111] The dates of a public official’s term of office are adjudicative facts within the meaning of this rule. See Larsen v. Archdiocese of Denver, 631 P.2d 1163, 1164 (Colo. App. 1981) (court may take judicial notice of term of public office); cf. Lovato v. Johnson, 617 P.2d 1203, 1204 (Colo. 1980) (court properly took judicial notice that Utah judge was a “magistrate” under Utah law); People ex rel. Flanders v. Neary, 113 Colo. 12, 16, 154 P.2d 48, 50 (1944) (supreme court took judicial notice of district attorney’s term of office).
[112] Further, Judge Quinn’s written oath of office and contract of employment for January 2003 through January 2005 are public records of an administrative agency, specifically the Office of the State Court Administrator. We may take judicial notice of such records. See Disabled Rights Action Committee v. Las Vegas Events, Inc., 375 F.3d 861, 866 n.1 (9th Cir. 2004) (court took judicial notice of state agency’s contract with private entity); cf. Vento v. Colo. Nat’l Bank, 985 P.2d 48, 52 (Colo. App. 1999) (court may take judicial notice of court’s records in related proceeding); see generally 1 Jack B. Weinstein & Margaret A. Berger, Weinstein’s Federal Evidence ยง 201.12[13] (2d ed. 2006).
From People v. Stanley, No. 04CA2164 (Colo.App. 04/05/2007)

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