§ 2203.Determining Propriety of Taking Judicial Notice
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets a court consult any pertinent source when deciding whether to take judicial notice, exempts that inquiry from exclusionary rules other than privilege, and guarantees a party a chance to be heard on the notice's propriety and scope at any stage of the case.
A.In determining the propriety of taking judicial notice of a matter:
1.The court may consult and use any source of pertinent information, whether or not furnished by a party; and
2.No exclusionary rule except a valid claim of privilege shall apply.
B.A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
C.Judicial notice may be taken at any stage of the proceeding.
Amendment History
Laws 1978, SB 276, c. 285, § 203, eff. 10/1/1978.
Plain-English Summary
When a court is figuring out whether judicial notice is proper, it isn't limited to what the parties hand it -- subsection A lets the court consult any source of pertinent information, and no exclusionary rule except a valid claim of privilege stands in the way.
A party still gets a say. Subsection B guarantees an opportunity to be heard, on timely request, about whether notice is proper and how far it should reach -- and if there was no advance warning, the party can raise the issue after notice has already been taken. Subsection C confirms there's no deadline: judicial notice may be taken at any stage of the proceeding.
Frequently Asked Questions
Can a court look outside what the parties submitted when deciding on judicial notice?
Yes. Section 2203(A) lets the court consult and use any source of pertinent information, whether or not a party furnished it.
Do the rules of evidence limit what a court can look at for judicial notice?
No exclusionary rule applies except a valid claim of privilege, under subsection A(2).
What if I didn't get advance notice the court was taking judicial notice of something?
Subsection B lets you request an opportunity to be heard even after the fact, if you didn't get prior notification.
Is there a deadline for taking judicial notice?
No. Subsection C allows judicial notice to be taken at any stage of the proceeding.
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
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