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

2. 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 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 ON A NEEDED FACT
2019
Chap Judicial Notice

4. 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
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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
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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
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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 ASSIST THE JUDGE
THESE ARE NOT BEING RECEIVED IN EVIDENCE
J.N. IS A SUBSTITUTE FOR EVIDENCE
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Chap Judicial Notice

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

10. 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”
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11. 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.”
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Chap Judicial Notice

12. 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
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13. 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 Judicial Notice

14. 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
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Chap Judicial Notice

15. 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
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Chap Judicial Notice

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