CHAP 11 JUDICIAL NOTICE OF FACTS Prof JANICKE

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

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

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. 11 -- Judicial Notice 3

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. 11 -- Judicial Notice 4

2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) 1. 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 Chap. FOR MANY 2016 11 -- Judicial Notice YEARS 5

2. 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. 11 -- Judicial Notice 6

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

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. 11 -- Judicial Notice 8

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. 11 -- Judicial Notice 9

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. 11 -- Judicial Notice 10

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. 11 -- Judicial Notice 11

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. 11 -- Judicial Notice 12

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