(a) In general. The court must take judicial notice as provided by law.
Rule 44.Judicial notice of facts and foreign law
Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 44 requires courts to take judicial notice as provided by law, instructs on how to handle judicial notice of adjudicative facts before a jury, and sets a notice-and-reply procedure for asking a court to take judicial notice of another jurisdiction's statutes or laws.
Full Text of Rule 44
(b) Adjudicative fact. When judicial notice is taken of an adjudicative fact, the court must instruct the jury as provided in Rule 201, Idaho Rules of Evidence.
(c) Foreign law.
(1) Notice. If either party to an action intends to request the court to take judicial notice of the statutes or laws of a foreign state, a memorandum citing the foreign law must be submitted to the court and opposing counsel at least 14 days prior to trial or hearing. The court may deny the request for failure to submit a memorandum.
(2) Objection. Opposing counsel may file a reply within 7 days following service of the moving party's memorandum.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Rule 44 is short but ties directly into the Idaho Rules of Evidence. Rule 44(a) requires the court to take judicial notice as the law provides, and Rule 44(b) directs that when judicial notice is taken of an adjudicative fact -- a specific fact about the parties or events in the case, rather than a general legal proposition -- the court has to instruct the jury on the effect of that notice as Evidence Rule 201 requires, so jurors understand what weight, if any, to give a fact the court has already accepted as true.
Rule 44(c) covers a narrower and more procedural situation: judicial notice of the statutes or laws of another state. A party who wants the court to notice foreign law has to submit a memorandum citing it, to both the court and opposing counsel, at least 14 days before the trial or hearing -- and the court can deny the request outright if that memorandum never shows up. The opposing side then gets 7 days after service of that memorandum to file a reply. The upshot is that foreign law does not arrive in the courtroom through argument; it has to be teed up on paper, with enough lead time for the other side to respond.
Frequently Asked Questions
What does it mean for a court to 'take judicial notice' of something?
It means the court accepts a fact or a point of law as established without requiring formal proof, because the matter is either generally known or capable of accurate, ready verification. Rule 44 requires the court to do this as the law provides, and directs how it interacts with the jury and with foreign law.
If the court takes judicial notice of a fact, does the jury have to accept it?
The court instructs the jury on the effect of judicial notice of an adjudicative fact as required by Rule 201 of the Idaho Rules of Evidence, which governs exactly what the jury is told about that fact and how it may treat it.
How do I ask the court to take judicial notice of another state's laws?
Submit a memorandum citing the specific statutes or laws at least 14 days before trial or the hearing, to both the court and opposing counsel. If you skip that step, the court can deny your request for failure to submit the memorandum.
Can the other side respond if I ask the court to notice a foreign state's law?
Yes. Opposing counsel has 7 days after being served with the memorandum to file a reply addressing the request.
Does Rule 44 apply to judicial notice of Idaho law?
Rule 44(c)'s notice-and-reply procedure is specific to the statutes or laws of a foreign state. Judicial notice of Idaho law and of adjudicative facts more broadly falls under Rule 44(a) and (b), which work together with the Idaho Rules of Evidence.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: judicial notice idaho civiljudicial notice of foreign lawnotice of adjudicative fact idahojudicial notice jury instructionproving another state's statute idaho