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§ 2202.Judicial Notice of Adjudicative Facts

Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026

In one sentenceLimits judicial notice of adjudicative facts to matters generally known in the court's territorial jurisdiction or readily verifiable from unquestionably accurate sources, and requires different jury instructions on such facts in civil versus criminal cases.

Full Text of § 2202

Text sizeJump to: (A) (B) (C) (D) (E)

A. This section governs only judicial notice of adjudicative facts.
B. A judicially noticed adjudicative fact shall not be 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. A court may take judicial notice, whether requested or not.
D. A court shall take judicial notice if requested by a party and supplied with the necessary information.
E. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

Amendment History

Laws 1978, SB 276, c. 285, § 202, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §27, eff. 11/1/2002.

Plain-English Summary

This section governs judicial notice of adjudicative facts specifically -- the case-specific facts, as opposed to the law covered by Section 2201. A fact qualifies only if it's beyond reasonable dispute: either generally known within the trial court's territorial jurisdiction, or capable of accurate and ready determination from sources whose accuracy can't reasonably be questioned.

A court may take notice on its own, whether or not anyone asked, and must take notice if a party requests it and supplies the necessary information. The jury instruction differs by case type: in a civil action, the court instructs the jury to accept a noticed fact as conclusive; in a criminal case, the jury may accept it as conclusive but isn't required to.

Frequently Asked Questions

What makes a fact eligible for judicial notice in Oklahoma?

Under Section 2202(B), it must be beyond reasonable dispute -- either generally known within the trial court's territorial jurisdiction, or capable of accurate and ready determination from sources whose accuracy can't reasonably be questioned.

Must the court take judicial notice if I ask for it?

Yes, if you supply the necessary information. Subsection D requires the court to take judicial notice when a party requests it and supplies what's needed.

Does the jury have to accept a judicially noticed fact as true?

It depends on the case type. In a civil action, subsection E requires the jury to accept the fact as conclusive; in a criminal case, the jury may, but isn't required to, accept it as conclusive.

Can a court take judicial notice of a fact no one asked about?

Yes. Subsection C lets the court take judicial notice whether requested or not.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: oklahoma judicial notice of facts12 O.S. § 2202FRE 201 oklahoma equivalentadjudicative facts judicial notice oklahoma