VAIDIK, J.
Our courts have thus stressed that the original trial transcript must be entered into evidence at the post-conviction hearing just like any other exhibit. See State v. Hicks, 525 N.E.2d 316, 317 (Ind. 1988).
Indiana courts have also maintained, at least until now, that “[a] post-conviction court may not take judicial notice of the transcript of the evidence from the original proceedings unless exceptional circumstances exist.” Bahm v. State, 789 N.E.2d 50, 58 (Ind. Ct. App. 2003), trans. denied; see also Jackson v. State, 264 Ind. 54, 57, 339 N.E.2d 557, 560 (1975); Douglas v. State, 800 N.E.2d 599, 605 n.4 (Ind. Ct. App. 2003), reh’g denied, trans. denied. This prohibition derived from the traditional rule that a trial court could not judicially notice its own records in another case previously before the court, even on a related subject and with related parties. See Bonds v. State, 729 N.E.2d 1002, 1006 (Ind. 2000), reh’g denied. “Although . . . it is common practice to keep post-conviction proceedings filed under the same cause number as the original action, post-conviction proceedings are separate from the original proceedings and are civil in nature. Therefore, under the general rule, the post-conviction court may not take judicial notice of the original proceedings absent an exceptional situation.” Moser v. State, 562 N.E.2d 1318, 1321 (Ind. Ct. App. 1990).
That appears no longer to be the case, however, as an amendment to our evidence rules effective January 1, 2010, now permits judicial notice of “records of a court of this state.” Ind. Evidence Rule 201(b)(5); Graham v. State, 941 N.E.2d 1091, 1097 n.2 (Ind. Ct. App. 2011). We recently interpreted this amendment to abrogate the traditional limitation and allow courts to judicially notice records beyond those in the cases before them. In re Paternity of P.R., 940 N.E.2d 346, 349 (Ind. Ct. App. 2010) (court properly took notice of protective order in custody modification proceeding); see also Christie v. State, 939 N.E.2d 691, 693 (Ind. Ct. App. 2011) (court properly took notice of conviction in probation revocation hearing).
Accordingly, we understand amended Evidence Rule 201(b)(5) to allow a post-conviction court to judicially notice the transcript of the evidence from the petitioner’s underlying criminal proceedings to appraise counsel’s performance and evaluate claims of ineffective assistance. See also 21B Charles Alan Wright & Kenneth W. Graham, Jr., Federal Practice & Procedure § 5106.4 (2d ed. 2005) (judicial records may be properly noticed “to show the acts of the parties or other actors in the litigation”).
At any rate, Mitchell did not offer his trial record into evidence at the post-conviction relief hearing, he did not ask the post-conviction court to take judicial notice of the record at any time before the court’s February 8, 2010, order, and the court did not judicially notice the record sua sponte. The trial record therefore was never before the post-conviction court for consideration. Nor did Mitchell call any witnesses or introduce any other evidence during the post-conviction proceedings. Mitchell’s claims were that trial counsel was ineffective for failing to seek a mistrial following introduction of allegedly improper testimony and that appellate counsel failed to raise claims of double jeopardy, prosecutorial misconduct, and ineffective assistance of trial counsel. These were fact-sensitive allegations requiring examination of the trial record for purposes of assessing deficient performance and prejudice. For the foregoing reasons, we cannot say the post-conviction court erred in finding that Mitchell failed to meet his burden of proof on his ineffective assistance claims.
BAKER, J., and BARNES, J., concur.