Theory of Judicial Notice.

Of the propositions involved

in the pleadings, or relevant thereto, proof by evidence
may be dispensed with in two situations:

1. Judicial Admissions - Where the opponent by a

solemn or infra-judicial admission has waived
dispute, and
2. Judicial Notice - Where the court is justified by
general considerations in declaring the truth of
the proposition without requiring evidence
from the party.

Orthodox sense – it signifies that there are certain facta

probanda, or propositions in a praty’s case, as to which
he will not be required to offer evidence; these will be
taken for true by the tribunal without the need of
evidence. This general principle of Judicial Notice is
simple and natural enough.

Anomalous meanings of the term Judicial Notice –

1. A usage extending far back in legal annals is to

apply the term where the question is whether a
certain pleading, or a certain averment in a
pleading, or greater particularity of averment is
necessary
2. Whether a court, for the purposes of ordering a
new trial or otherwise, may give effect to a
matter capable of being judicially noticed –
assumed without evidence – but not referred to
in the record, or falsely alleged in the pleading
is a question of the power and duty of the
court; but this term has been applied to in
3. Whether the court will take judicial notice of
the existence of a recognition is the
determining factor
4. Certain rules of Evide