CHAP. 11: JUDICIAL NOTICE P. JANICKE 2014

Chap Judicial Notice2 A SHORTCUT JUDICIAL NOTICE IS A SUBSTITUTE FOR EVIDENCE A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF IF THE OTHER SIDE OBJECTS TO J.N., MOST LITIGATORS VIEW J.N. WITH CAUTION: –IF ON APPEAL NOTICE IS FOUND TO HAVE BEEN WRONGLY TAKEN, A REVERSAL COULD OCCUR

2014Chap Judicial Notice3 ON THE OTHER HAND : IN A CIVIL CASE A PROPER JUDICIAL NOTICE IS BINDING ON THE JURY AS TO THE FACTS NOTICED IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACTS –JUDGE IS A VERY INFLUENTIAL NUDGER

2014Chap Judicial Notice4 SAFEST TACTIC : PROVE UP THE FACTS, IF YOU CAN AND THEN ASK FOR JUDICIAL NOTICE

2014Chap Judicial Notice5 2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) 1.FACTS GENERALLY KNOWN IN THE LOCALE, E.G.: –MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS –ONE CAN SEE MINUTE MAID PARK FROM HWY. 59 –THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS

2014Chap Judicial Notice6 2.FACTS NOT GENERALLY KNOWN, BUT ASCERTAINABLE FROM REFERENCES OF INDISPUTABLE ACCURACY –CLOSING PRICE OF IBM ON JULY 22 –HIGH TIDE TIMES AT GALVESTON ISLAND ON APRIL 17 –FRENCH IS AN OFFICIAL LANGUAGE IN BELGIUM

2014Chap Judicial Notice7 AN IMPROPER BASIS JUDGE’S PERSONAL KNOWLEDGE

2014Chap Judicial Notice8 PROCEDURE ( RULE 201) ASK ON THE RECORD FOR COURT TO TAKE J.N. THAT “________”. SUPPORTIVE REFERENCES CAN BE HANDED UP TO THE BENCH FREELY TO ASSIST THE JUDGE –THESE ARE NOT BEING RECEIVED IN EVIDENCE –J.N. IS A SUBSTITUTE FOR EVIDENCE

2014Chap Judicial Notice9 ADVERSARY IS ENTITLED TO OBJECT BEFORE J.N. IS TAKEN IF IT HAPPENS TOO FAST, SHE CAN OBJECT AFTERWARD AND HAS A RIGHT TO BE HEARD

2014Chap Judicial Notice10 RULING AND EFFECT JUDGE SAYS: “THE COURT WILL TAKE J.N. THAT THE SUN ROSE AT 5:14 a.m. OVER THE SHIP CHANNEL THAT DAY” (CIVIL CASES) “...AND THE JURY IS SO INSTRUCTED” –A CONTEMPT TO CONTROVERT, BUT CAN MOVE TO VACATE

2014Chap Judicial Notice11 CRIMINAL CASES : INSTRUCTION IS PERMISSIVE –“THE JURY IS INSTRUCTED THAT IT MAY FIND WITHOUT FURTHER EVIDENCE THAT THE SUN ROSE AT 5:14 a.m.....” NOT A CONTEMPT TO CONTROVERT THIS CAN PUT IN OPPOSING EVIDENCE

PROBLEMS/CASES 11A 11B 11D Virgin Islands 11G 2014Chap Judicial Notice12