CHAP 11 JUDICIAL NOTICE P JANICKE 2014 A

CHAP. 11: JUDICIAL NOTICE P. JANICKE 2014

A SHORTCUT • JUDICIAL NOTICE IS A SUBSTITUTE FOR EVIDENCE • A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF • IF THE OTHER SIDE OBJECTS TO J. N. , MOST LITIGATORS VIEW J. N. WITH CAUTION: – IF ON APPEAL NOTICE IS FOUND TO HAVE BEEN WRONGLY TAKEN, A REVERSAL COULD OCCUR 2014 Chap. 11 -- Judicial Notice 2

ON THE OTHER HAND : • IN A CIVIL CASE A PROPER 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 2014 Chap. 11 -- Judicial Notice 3

SAFEST TACTIC : • PROVE UP THE FACTS, IF YOU CAN • AND THEN ASK FOR JUDICIAL NOTICE 2014 Chap. 11 -- Judicial Notice 4

2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) 1. FACTS GENERALLY KNOWN IN THE LOCALE, E. G. : – MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS – ONE CAN SEE MINUTE MAID PARK FROM HWY. 59 – THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS 2014 Chap. 11 -- Judicial Notice 5

2. 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 2014 Chap. 11 -- Judicial Notice 6

AN IMPROPER BASIS • JUDGE’S PERSONAL KNOWLEDGE 2014 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 2014 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 2014 Chap. 11 -- Judicial Notice 9

RULING AND EFFECT • JUDGE SAYS: “THE COURT WILL TAKE J. N. THAT THE SUN ROSE AT 5: 14 a. m. OVER THE SHIP CHANNEL THAT DAY” • (CIVIL CASES) “. . . AND THE JURY IS SO INSTRUCTED” – A CONTEMPT TO CONTROVERT, BUT CAN MOVE TO VACATE 2014 Chap. 11 -- Judicial Notice 10

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. . . ” • NOT A CONTEMPT TO CONTROVERT THIS • CAN PUT IN OPPOSING EVIDENCE 2014 Chap. 11 -- Judicial Notice 11

PROBLEMS/CASES • • • 11 A 11 B 11 D Virgin Islands 11 G 2014 Chap. 11 -- Judicial Notice 12