1. CHAP. 11: JUDICIAL NOTICE OF FACTS
Prof. JANICKE
2016

2. Chap. 11 -- Judicial Notice
NOTICE OF FACTS
IS THE ONLY TYPE O NOTICE INVOLVED HERE
JUDICIAL NOTICE OF LAW OR LEGISLATIVE INTENT ARE OUTSIDE THIS COURSE
2016
Chap Judicial Notice

3. 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
2016
Chap Judicial Notice

4. Chap. 11 -- Judicial Notice
EFFECT OF NOTICE
IN A CIVIL CASE A PROPER JUDICIAL NOTICE IS BINDING ON THE JURY AS TO THE FACT NOTICED
IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACT
JUDGE IS A VERY INFLUENTIAL NUDGER
2016
Chap Judicial Notice

5. 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
2016
Chap Judicial Notice

6. 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
2016
Chap Judicial Notice

7. Chap. 11 -- Judicial Notice
AN IMPROPER BASIS
JUDGE’S PERSONAL KNOWLEDGE
2016
Chap Judicial Notice

8. 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
2016
Chap Judicial Notice

9. Chap. 11 -- Judicial Notice
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
2016
Chap Judicial Notice

10. Chap. 11 -- Judicial Notice
RULING
JUDGE SAYS: “THE COURT WILL TAKE J.N. THAT THE SUN ROSE AT 5:14 a.m. OVER THE HOUSTON SHIP CHANNEL ON MAY 29, 2015; THE JURY WILL BE SO INSTRUCTED.”
2016
Chap Judicial Notice

11. Chap. 11 -- Judicial Notice
EFFECT IN CIVIL CASES:
ONCE TAKEN, IT 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
2016
Chap Judicial Notice

12. 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. ....”
CONTROVERTING EVIDENCE IS ALLOWED
BUT SELDOM HAPPENS
2016
Chap Judicial Notice

13. Chap. 11 -- Judicial Notice
PROBLEMS/CASES
11A
11B
11D
11E
Virgin Islands
11G
2016
Chap Judicial Notice