Judicial Notice

Question 1

What are mandatory matters of judicial notice in FL?

Answer 1

FL and federal rules/statutes

Question 2

What are permissive matters of judicial notice in FL?

Answer 2

Facts not subject to dispute b/c they are capable of accurate and ready determination from a accurate source

Question 3

When can permissive matters become mandatory?

Answer 3

When one party asks for the judge to take notice

Question 4

What discretion does the judge have to give the jury in terms of judicial notice?

Answer 4

The judge may give the jury a conclusive or permissive instruction and accordingly to decide whether to permit evidence disputing the permitted fact judicially noticed

Question 5

What judicial notice instruction can the jury receive in a criminal case?

Answer 5

In a criminal case, judicial notice should only be used as a device to establish the prima facie existence of a particular fact which the jury is free to disregard

Question 6

In a criminal case, can the defendant introduce evidence to rebut the presumption of a judicially noticed fact?

Answer 6

Yes