Judicial Notice

Question 1

Judicial Notice

What Judicial Notice?

1. ) Action for personal injuries. Plaintiff alleges that, at a Fourth of July party, defendant handed plaintiff a firecracker and ignited it, causing burns to plaintiff’s hand. After conclusion of plaintiff’s case, defendant moves to dismiss on the ground plaintiff offered no evidence to prove that an exploding firecracker can cause a burn. Can the court take judicial notice?
2. Same case. Plaintiff also alleges that the trauma of the exploding firecracker caused his hair to fall out. Assuming the judge was a barber before going to law school and knows that such a trauma can cause hair loss, may he take judicial notice of that fact?
3. ) Same case. Defendant alleges he was attending Sunday church services that day and was not at the party. May the judge consult a calendar and take judicial notice of the fact that the Fourth of July was not a Sunday?
4. ) What is the procedure for taking Judicial Notice?

Answer 1

Process of establishing facts without presenting evidence. Two issues:

Facts appropriate for Judicial Notice: Courts can take judicial notice of facts not subject

to reasonable dispute because they are either:

(i) generally known within the jurisdiction, or

(ii) capable of accurate and ready determination by resort to sources whose accuracy

cannot reasonably be questioned.

1. ) Generally known facts. Yes court can.
2. ) No this is no general knowledge. Just becasue this trial judge knows this fact is true doesn’t mean it meets judiical notice.
3. ) Facts established by sources of unquestionable accuracy. Yes. Can use calendar.
4. )

• Party must request judicial notice to compel judicial notice and, if not requested, court has discretion to take judicial notice.
  
  • In civil case, court instructs jury it must accept noticed fact as conclusive.
  • In criminal case, court instructs jury it may, but is not required to accept judicially noticed fact. Judicial notice may occur at any time, even on appeal.