Judicial Notice Flashcards
Two Types of Judicial Notice
1) Facts Commonly Known In The Territory: Facts commonly known within the territory of the court. (Think – ”Everybody knows that!”)
* EXAMPLE: That the Bronx is uptown for a NYC court, but not an Idaho court; that Wilshire Boulevard runs from east to west in Los Angeles for an LA court, but not a South Dakota court.
2) Easily Verifiable Facts: Facts which are capable of accurate and ready determination by resorting to sources which are not subject to reasonable dispute. Think – no one knows them, but they can be easily looked up.)
*(e.g., historical records; interest/mortgage rates; rainfall accumulations; sunrise and sunset times)
EXAMPLE: That Father’s Day in 1984 was on June 19th.
Judicial Notice
- ) Judicial notice is a substitute for proof where the court accepts facts as true without requiring formal presentation of evidence
- ) Judicial notice is MANDATORY if: requested by a party, and supplied with the necessary information