§ 90.204, Fla. Stat. — Determining Propriety of Judicial Notice
Plain English
This governs how a court decides to take judicial notice and keeps the process fair. When the court raises judicial notice on its own (or a party shows good cause for not giving the § 90.203 notice), it must give each side a reasonable opportunity to be heard on whether notice is proper and on the nature of what’s noticed. In deciding, the court may use any pertinent, reliable source — whether or not a party supplied it — free of the usual exclusionary rules except a valid privilege and the § 90.403 balance. If the court relies on an outside document not received in open court, it must put that information and its source in the record and let the parties challenge or supplement it first. A special carve-out lets family-law courts notice certain court records in imminent-danger situations and defer the hearing.
From the Courtroom
When a judge says “I’ll just take judicial notice of that,” 90.204 is your right to be heard before it’s locked in. If the court is leaning on an outside document, demand it go in the record so you can test it — judicial notice is powerful precisely because it skips proof, which is exactly why the fairness checks matter.
Key Points & Authority
- § 90.204(1)–(3), Fla. Stat. — Parties get a reasonable opportunity to be heard; the court may use any reliable source (except privilege and the 90.403 balance); outside documentary sources must be made part of the record and open to challenge.
- (4) Family-case emergency provision permits notice of certain court records in imminent-danger situations, deferring the hearing, with notice filed within 2 business days.
- Federal parallel: Fed. R. Evid. 201(e) (opportunity to be heard on judicial notice).
Federal Parallel
The federal counterpart is Fed. R. Evid. 201(e), which guarantees a party the opportunity to be heard on the propriety of taking judicial notice and the nature of the fact noticed.
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.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.
(2) In determining the propriety of taking judicial notice of a matter or the nature thereof, a court may use any source of pertinent and reliable information, whether or not furnished by a party, without regard to any exclusionary rule except a valid claim of privilege and except for the exclusions provided in s. 90.403.
(3) If a court resorts to any documentary source of information not received in open court, the court shall make the information and its source a part of the record in the action and shall afford each party reasonable opportunity to challenge such information, and to offer additional information, before judicial notice of the matter is taken.
(4) In family cases, the court may take judicial notice of any matter described in s. 90.202(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice; opportunity to be heard may be deferred until after judicial action, and the court shall file a notice in the case within 2 business days of the matters judicially noticed.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.204 governs how a court takes judicial notice: parties get a reasonable opportunity to be heard; the court may use any reliable source except privilege and the 90.403 balance; outside documentary sources go in the record and are open to challenge; with a family-case imminent-danger carve-out.