Procedure for Taking Judicial Notice

(a) Determining Propriety of Judicial Notice. Upon timely request, a party is entitled to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of proper notification, the request may be made after judicial notice has been taken. In determining the propriety of taking judicial notice on a matter or the tenor thereof, the judge may consult and use any source of pertinent information, whether or not furnished by a party. (b) Time of Taking Notice. Judicial notice may be taken at any stage of the proceeding. (c) Instructing the Jury. 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 it is not required to, accept as conclusive any fact judicially noticed. Judicial notice of any matter of law falling within the scope of Rule 202 shall be a matter for the court and not the jury. (a) Scope of Rule. This rule governs only judicial notice (Added by SCO 364 effective August 1, 1979) of law. (b) Without Request—Mandatory. Without request by a party, the court shall take judicial notice of the common law, the Constitution of the United States and of this state, the public statutes of the United States and this state, the provisions of the Alaska Administrative Code, and all rules adopted by the Alaska Supreme Court. (c) Without Request—Optional. Without request by a party, the court may take judicial notice of: (1) All duly adopted federal rules of court, and the constitutions, public statutes and duly adopted regulations and rules of court of every state, territory and jurisdiction of the United States. (2) Private acts and resolutions of the Congress of the United States and of the legislature of this state and duly published regulations of agencies of the United States. (3) Duly enacted ordinances of municipalities or other subdivisions, and emergency orders or governmental unpublished regulations adopted by agencies of this state. ARTICLE III. PRESUMPTIONS