§ 90.202, Fla. Stat. — Matters Which May Be Judicially Noticed
Plain English
Beyond the law a court must notice under § 90.201, this rule lists the broader set of things a court may notice at its discretion — when not already covered by 90.201. The list is long: other states’ and foreign law, the Federal Register, agency rules in the Florida Administrative Code, municipal and county charters and ordinances, and court records. The two famous catch-alls are the everyday workhorses: facts “generally known” within the court’s jurisdiction (11), and facts “capable of accurate and ready determination” from unquestionably reliable sources (12) — the date a holiday fell, a distance between two points, the content of an official record.
From the Courtroom
Subsections (11) and (12) do the quiet heavy lifting. Need the court to accept that a date fell on a Sunday, or that two intersections are a mile apart? You don’t call a witness — you ask for judicial notice from a source whose accuracy can’t be questioned. It saves trial time and, done well, makes the request look unanswerable.
Key Points & Authority
- § 90.202, Fla. Stat. — Lists matters a court may notice (discretionary), including other jurisdictions’ law, the Federal Register, the Florida Administrative Code, charters and ordinances, court records, and official seals.
- The catch-alls: (11) facts generally known in the jurisdiction; (12) facts capable of accurate and ready determination from unquestionable sources.
- Federal parallel: Fed. R. Evid. 201(b) mirrors subsections (11)–(12) for adjudicative facts; the law-noticing categories are particular to Florida’s code.
Federal Parallel
The federal counterpart is Fed. R. Evid. 201(b), which permits judicial notice of adjudicative facts that are generally known or readily and accurately determinable — closely matching Florida’s § 90.202(11)–(12). Florida additionally enumerates discretionary notice of various categories of law and public records.
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 may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:
(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.
(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.
(3) Contents of the Federal Register.
(4) Laws of foreign nations and of an organization of nations.
(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.
(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.
(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.
(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.
(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.
(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.
(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.
(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.
(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.202 lists matters a court may take judicial notice of at its discretion, including other jurisdictions’ law, the Federal Register, the Florida Administrative Code, charters and ordinances, court records, official seals, and the catch-alls for generally-known and readily-verifiable facts.