Notice and Opportunity To Be Heard

(a) Request of party. A party requesting the court to take judicial notice of a fact shall give timely notice of the request to all other parties. Before the court determines whether to take the requested judicial notice, any party shall have an opportunity to be heard. (b) Court’s initiative. The court may take judi- cial notice without a request of a party to do so. Parties are entitled to receive notice and have an opportunity to be heard for matters susceptible of explanation or contradiction, but not for matters of established fact, the accuracy of which cannot be questioned. COMMENTARY (a) Request of party. Subsection (a) states what appeared to be the preferred practice at common law. Drabik v. East Lyme, 234 Conn. 390, 5 Connecticut Code of Evidence