Judicial Notice

Question 1

Judicial Notice

1. ) Procedure for taking Judicial Notice.
2. How instuctions differ in criminal case vs. civil case?

Answer 1

1.) Federal and California: Party must request judicial notice to compel judicial notice and, if not requested, court has discretion to take judicial notice.

California exception: whether requested or not, court must take judicial notice of matters generally known within jurisdiction

2.) Federal: If court takes judicial notice in civil case, court instructs jury that it must accept judicially noticed fact. In criminal case, court instructs jury it may accept judicially noticed fact, but is not required to do so.

California: Court instructs jury that it must accept judicially noticed fact in both civil and criminal cases.