In contract litigation between Pixley and Dill, a fact of consequence to the determination of the action is whether Pixley provided Dill with a required notice at Dill's branch office "in the state capital." Pixley introduced evidence that he gave notice at Dill's office in the city of Capitan. Although Capitan is the state's capital, Pixley failed to offer proof of that fact. Which of the following statements is most clearly correct with respect to possible judicial clearly correct with respect to possible judicial notice of the fact that Capitan is the state's capital? 
The court may take judicial notice even though Pixley does not request it. The court may take judicial notice only if Pixley provides the court with an authenticated copy of the statute that designates Capitan as the capital. If the court takes judicial notice, the burden of persuasion on the issue of whether Capitan is the capital shifts to Dill.  If the court takes judicial notice, it should instruct the jury that it may, but is not required to, accept as conclusive the fact that Capitan is the capital. 
Question: In contract litigation between Pixley and Dill, a fact of consequence to the determination of the action is whether Pixley provided Dill with a required notice at Dill's branch office "in the state capital." Pixley introduced evidence that he gave notice at Dill's office in the city of Capitan. Although Capitan is the state's capital, Pixley failed to offer proof of that fact. Which of the following statements is most clearly correct with respect to possible judicial clearly correct with respect to possible judicial notice of the fact that Capitan is the state's capital? 
A. The court may take judicial notice even though Pixley does not request it.
B. The court may take judicial notice only if Pixley provides the court with an authenticated copy of the statute that designates Capitan as the capital.
C. If the court takes judicial notice, the burden of persuasion on the issue of whether Capitan is the capital shifts to Dill. 
D. If the court takes judicial notice, it should instruct the jury that it may, but is not required to, accept as conclusive the fact that Capitan is the capital. 
Answer: