FRE 201(f) establishes that the effect of the court taking judicial
notice is different in civil and criminal trials. In a civil trial, the
fact taken notice of is thereby conclusively proved. In a criminal case,
the defendant has the right to contest every fact that might tend to
incriminate him. Therefore, the court taking judicial notice would
simply allow the jury to make the finding that the court took notice of,
but would not require this outcome, and would not prevent the defense
from presenting evidence to rebut the noticed fact.
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