About: Judicial notice   Sponge Permalink

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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and even if one party wishes to introduce evidence to the contrary. Judicial notice must be based upon “sources whose accuracy cannot be reasonably questioned.”

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  • Judicial notice
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  • Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and even if one party wishes to introduce evidence to the contrary. Judicial notice must be based upon “sources whose accuracy cannot be reasonably questioned.”
  • Judicial notice is a rule of evidence that allows a fact to be admitted in evidence if it is so well known that it can easily be confirmed through public sources. As such, it would not be a requirement for a party to submit testimony to prove a fact if it were relevant to their case. For example: * What the weather was on a particular day * Who held a particular public office on a day in question * What city was the capital city of a foreign country
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abstract
  • Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and even if one party wishes to introduce evidence to the contrary. The purpose of judicial notice is to save time and promote judicial economy by precluding the necessity of proving facts that cannot seriously be disputed and are either generally or universally known. Judicial notice cannot be used “to circumvent the rule against hearsay and thereby deprive a party of the right of cross-examination on a contested material issue of fact.” Because judicial notice may not be used to deprive a party of cross-examination regarding a contested fact, the doctrine also cannot be used to take notice of the ultimate legal issue in dispute. Judicial notice must be based upon “sources whose accuracy cannot be reasonably questioned.”
  • Judicial notice is a rule of evidence that allows a fact to be admitted in evidence if it is so well known that it can easily be confirmed through public sources. As such, it would not be a requirement for a party to submit testimony to prove a fact if it were relevant to their case. For example: * What the weather was on a particular day * Who held a particular public office on a day in question * What city was the capital city of a foreign country For example, in a foreclosure case, it would not be necessary for a person arguing the reason for a default was economic conditions to call evidence of how the economy performed in 2008. For another example, if a person claimed that the presidency of Barack Obama was illegitimate and a piece of legislation he signed into law in 2010 was therefore not enforceable, the court would not need to do more than determine who held the office of President of the United States in 2010 and could reject the argument out of hand.
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