Albers v. Kuper

In spite of the statutory authority of SDCL ch. 19-10, which statutes have allowed judicial notice in a wide range of circumstances, this court has held that, “There is no authority allowing a circuit court to take judicial notice of an ordinance. An ordinance therefore must be admitted into evidence prior to instructing the jury on its language.” Nose v. Christensen, 409 N.W.2d 131, 132 (S.D.1987).* However, the court in Nase *748also suggested that, “Perhaps for this reason our legislature has enacted a provision simplifying their admission.” Nose, 409 N.W.2d at 132 (citing SDCL 9-19-18). SDCL…