Judicial notice of law

Military Rules of Evidence

Rule: 202

Jurisdiction: US

Bluebook Citation: Mil. R. Evid. 202

(a) Domestic Law. The military judge may take judicial notice of domestic law. If a domestic law is a fact that is of consequence to the determination of the action, the procedural requirements of Mil. R. Evid. 201—except Rule 201(f)—apply. (b) Foreign Law. A party who intends to raise an issue concerning the law of a foreign country must give reasonable written notice. The military judge, in determining foreign law, may consider any relevant material or source, in accordance with Mil. R. Evid. 104. Such a determination is a ruling on a question of law. condition of fact is the sole responsibility of the military judge, except where these rules or this Manual provide expressly to the contrary. (c) Conducting a Hearing so that the Members Cannot Hear It. The military judge must conduct any hearing on a preliminary question so that the members cannot hear it if: (1) the hearing involves the admissibility of a statement of the accused under Mil. R. Evid. 301-306; (2) the accused is a witness and so requests; or (3) justice so requires. (d) Cross-Examining the Accused. By testifying on a preliminary question, the accused does not become subject to cross-examination on other issues in the case. (e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the members evidence that is relevant to the weight or credibility of other evidence.

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