CHAP. 11: JUDICIAL NOTICE OF FACTS Prof. JANICKE 2019

Chap. 11 -- Judicial Notice NOTICE OF FACTS IS THE ONLY TYPE OF NOTICE INVOLVED HERE JUDICIAL NOTICE OF LAW OR OF LEGISLATIVE INTENT ARE OUTSIDE THIS COURSE 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice A SHORTCUT JUDICIAL NOTICE OF A FACT IS A SUBSTITUTE FOR EVIDENCE ON THAT FACT A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF ON A NEEDED FACT 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice EFFECT OF NOTICE IN A CIVIL CASE A JUDICIAL NOTICE IS BINDING ON THE JURY FOR THE FACT NOTICED IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACT JUDGE IS A VERY INFLUENTIAL NUDGER, BUT NOT BINDING 2019 Chap. 11 -- Judicial Notice

2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) FACTS GENERALLY KNOWN IN THE LOCALE; E.G.: IN HOUSTON, MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS IN HOUSTON, PART OF EXTERIOR OF MINUTE MAID PARK IS VISIBLE FROM HWY. 59 THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice FACTS NOT GENERALLY KNOWN, BUT ASCERTAINABLE FROM REFERENCES OF INDISPUTABLE ACCURACY CLOSING PRICE OF IBM SHARES ON JULY 22 HIGH TIDE TIMES AT GALVESTON ISLAND ON APRIL 17, 2015 FRENCH IS AN OFFICIAL LANGUAGE IN BELGIUM 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice AN IMPROPER BASIS JUDGE’S PERSONAL KNOWLEDGE 2019 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 ASSIST THE JUDGE THESE ARE NOT BEING RECEIVED IN EVIDENCE J.N. IS A SUBSTITUTE FOR EVIDENCE 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice WHEN? AT ANY TIME IN THE PROCEEDING R. 201(d) A GREAT REFUGE FOR THE UNPREPARED LAWYER 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice WRONG WAY TO DO IT FAIL TO RECITE A FACT “I ASK THE COURT TO TAKE NOTICE OF THE SUNRISE ON SEPTEMBER 15” “I ASK THE COURT TO TAKE NOTICE OF THE TIME OF SUNRISE IN HOUSTON ON SEPTEMBER 15” 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice RIGHT WAY “I REQUEST THE COURT TO TAKE JUDICIAL NOTICE THAT THE SUNRISE ON SEPTEMBER 15 OF THIS YEAR, IN HOUSTON, WAS AT 7:33 a.m.” 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice ADVERSARY IS ENTITLED TO OBJECT BEFORE J.N. IS TAKEN R. 201(e) IF IT HAPPENS TOO FAST, SHE CAN OBJECT AFTERWARD AND HAS A RIGHT TO BE HEARD 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice RULING JUDGE SAYS: “THE COURT TAKES JUDICIAL NOTICE THAT THE SUN ROSE AT 7:33 a.m. IN HOUSTON ON SEPTEMBER 15 OF THIS YEAR; THE JURY WILL BE SO INSTRUCTED.” 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice EFFECT IN CIVIL CASES: ONCE TAKEN, THE NOTICED FACT IS BINDING ON THE TRIER AND THE PARTIES CONTROVERTING EVIDENCE IS NOT ALLOWED BUT OPPONENT CAN MOVE TO VACATE THE NOTICE IF IT WAS IMPROPERLY TAKEN 2019 Chap. 11 -- Judicial Notice

EFFECT IN 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. ON ....” CONTROVERTING EVIDENCE IS ALLOWED BUT SELDOM HAPPENS 2019 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice PROBLEMS/CASES 11A 11B 11D 11E Virgin Islands 11G 2019 Chap. 11 -- Judicial Notice