1. CHAP. 11: JUDICIAL NOTICE
P. JANICKE
2006

2. 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
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Chap Judicial Notice

3. 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
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4. Chap. 11 -- Judicial Notice
SAFEST TACTIC :
PROVE UP THE FACTS FIRST
THEN ASK FOR JUDICIAL NOTICE
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Chap Judicial Notice

5. 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
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6. 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
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7. Chap. 11 -- Judicial Notice
AN IMPROPER BASIS
JUDGE’S PERSONAL KNOWLEDGE
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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 SUPPORT J.N.
ARE NOT NORMALLY RECEIVED IN EVIDENCE
J.N. IS A SUBSTITUTE FOR EVIDENCE
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9. 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
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Chap Judicial Notice

10. 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.
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11. 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: ”
NOT A CONTEMPT TO CONTROVERT
CAN PUT IN OPPOSING EVIDENCE
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Chap Judicial Notice