Judicial notice

Question 1

Facts appropriate for judicial notice

Answer 1

Courts may take judicial notice of facts not subject to reasonable dispute if they are

(1) common knowledge in the community, or
(2) capable of verification by resort to easily accessible sources of unquestionable accuracy

Question 2

Judicial Notice Procedure

Answer 2

Court may take judicial notice of a fact on its own accord

If it does not, party must formally request that notice be taken of a particular fact

Civil case: jury instructed to accept the noticed fact as CONCLUSIVE

Criminal case: court instructs jury that it may, but is not required, to accept the judicially noticed fact. Party’s burden of proof is ESTABLISHED however.

Question 3

California Judicial Notice

Answer 3

Whether requested or not, court MUSt take judicial notice of matters generally known within the J*

CA: court instructs jury that it MUST accept judicially noticed fact in both civil and criminal cases.