§ 90.203, Fla. Stat. — Compulsory Judicial Notice Upon Request
Plain English
The discretionary matters in § 90.202 (other states’ law, ordinances, generally-known facts, and so on) become mandatory when a party does two things: (1) gives every adverse party timely written notice of the request, filed with the court, so they can prepare to meet it; and (2) furnishes the court with enough information to actually take notice. Do both, and the court shall take judicial notice — turning a “may” into a “must.”
From the Courtroom
If you actually need the court to notice something — a county ordinance, another state’s statute — don’t leave it to discretion. 90.203 lets you compel it: give written notice and hand the judge the source. Lawyers who skip the notice step are stuck hoping; lawyers who follow it get a “shall.”
Key Points & Authority
- § 90.203, Fla. Stat. — A court shall take judicial notice of any § 90.202 matter on request, if the party gives timely filed written notice to adverse parties and furnishes the court sufficient information.
- Converts the discretionary notice of § 90.202 into mandatory notice when the procedure is followed.
- Federal parallel: Fed. R. Evid. 201(c)–(d).
Federal Parallel
The federal counterpart is Fed. R. Evid. 201(c)–(d), which makes judicial notice mandatory when a party requests it and supplies the court with the necessary information.
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 any matter in s. 90.202 when a party requests it and:
(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request.
(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.203 makes judicial notice of §90.202 matters mandatory when a party gives timely filed written notice to adverse parties and furnishes the court with sufficient information.