§ 90.201, Fla. Stat. — Matters Which Must Be Judicially Noticed
Plain English
Judicial notice is the shortcut for things so certain a party doesn’t have to prove them. Section 90.201 lists what a court must notice: Florida and federal decisional, constitutional, and statutory law and legislative resolutions; statewide Florida court rules and the court’s own rules and the rules of U.S. courts adopted by the Supreme Court; and the rules of the U.S. Supreme Court and Courts of Appeal. In plain terms: the judge is required to recognize “the law” without anyone introducing it as evidence.
From the Courtroom
You don’t prove the law — you ask the court to notice it. The practical mistake is treating a statute or an ordinance like a fact to be introduced through a witness. Under 90.201 the court must take notice of the law itself; the lawyer’s job is simply to hand the judge the right citation.
Key Points & Authority
- § 90.201, Fla. Stat. — A court shall take judicial notice of Florida and federal decisional, constitutional, and statutory law; statewide Florida court rules and its own rules; and the rules of the U.S. Supreme Court and Courts of Appeal.
- Mandatory vs. permissive: § 90.202 lists the broader categories a court may notice (e.g., other states’ law, the Federal Register, foreign law).
- Federal parallel: Fed. R. Evid. 201 governs judicial notice — but only of adjudicative facts; federal courts simply apply domestic law without “noticing” it, whereas Florida expressly catalogs noticeable law in §§ 90.201–90.202.
Federal Parallel
The federal counterpart is Fed. R. Evid. 201, which is narrower — it covers judicial notice of adjudicative facts not subject to reasonable dispute. Florida’s §§ 90.201–90.202 additionally and expressly address noticing categories of law.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.
(2) Florida rules of court that have statewide application, its own rules, and the rules of United States courts adopted by the United States Supreme Court.
(3) Rules of court of the United States Supreme Court and of the United States Courts of Appeal.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.201 requires a court to take judicial notice of Florida and federal decisional, constitutional, and statutory law; statewide Florida court rules and its own rules; and the rules of the U.S. Supreme Court and Courts of Appeal.