CHAP. 11: JUDICIAL NOTICE P. JANICKE 2006

Chap. 11 -- Judicial Notice A SHORTCUT JUDICIAL NOTICE IS A SUBSTITUTE FOR EVIDENCE A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF MOST LITIGATORS VIEW IT WITH SOME RESERVATION, IF THE OTHER SIDE OBJECTS IF ON APPEAL NOTICE IS FOUND TO HAVE BEEN WRONGLY TAKEN, A REVERSAL COULD OCCUR 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice ON THE OTHER HAND : IN A CIVIL CASE 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 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice SAFEST TACTIC : PROVE UP THE FACTS FIRST THEN ASK FOR JUDICIAL NOTICE 2006 Chap. 11 -- Judicial Notice

2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) FACTS GENERALLY KNOWN IN THE LOCALE, E.G.: MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS ONE CAN SEE MINUTE MAID PARK FIELD FROM HWY. 59 THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice AN IMPROPER BASIS JUDGE’S PERSONAL KNOWLEDGE 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 SUPPORT J.N. ARE NOT NORMALLY RECEIVED IN EVIDENCE J.N. IS A SUBSTITUTE FOR EVIDENCE 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice ADVERSARY IS ENTITLED TO OBJECT BEFORE J.N. IS TAKEN IF IT HAPPENS TOO FAST, HE CAN OBJECT AFTERWARD AND BE HEARD 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice RULING AND EFFECT JUDGE SAYS: “THE COURT WILL TAKE J.N. THAT THE SUN ROSE AT 5:14 am OVER THE SHIP CHANNEL THAT DAY” (CIVIL CASES) “...AND THE JURY IS SO INSTRUCTED” A CONTEMPT TO CONTROVERT, BUT CAN MOVE TO VACATE CAN’T OFFER CONTRADICTING EVIDENCE EXCEPT ON MOTION TO VACATE THE COURT’S J.N. 2006 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice CRIMINAL CASES : INSTRUCTION IS PERMISSIVE “THE JURY IS INSTRUCTED THAT IT MAY FIND WITHOUT FURTHER EVIDENCE THAT THE SUN ROSE AT 5:14 ....” NOT A CONTEMPT TO CONTROVERT CAN PUT IN OPPOSING EVIDENCE 2006 Chap. 11 -- Judicial Notice