EVIDENCE-JUDICIAL NOTICE BY APPELLATE COURTS OF FACTS AND FOREIGN LAWS, NOT BROUGHT TO THE ATTENTION OF THE TRIAL COURT

The general problem to be discussed in this comment is the process and supporting reasons used by appellate courts in their determination of the propriety of taking official cognizance of facts not brought to the attention of the trial court. This necessarily removes that great and complex body of case and statutory law dealing with situations where a court is called upon to take judicial notice of local statutes, municipal ordinances, and other similar matters of law. Also specifically excluded from discussion are the cases where error is alleged because the trial court refused to take notice of a fact drawn to its attention. However, an attempt will be made to ascertain the principles underlying notice of foreign laws, not because it is felt that such law differs in nature from local law, but because the courts have commonly treated its existence as a question of fact.