Judicial Notice

Question 1

What is the procedure for taking Judicial Notice?

Answer 1

Party must request judicial notice to compel judicial notice and if not requested, court has discretion to take judicial notice.

Question 2

What is the California exception to taking judicial notice?

Answer 2

Whether requested or not, court must take judicial notice of matters generally known within the jurisdiction

Question 3

What must the court instruct the jury in a California state case regarding judicial notice?

Answer 3

The jury must accept judicially noticed fact in both criminal and civil cases.

Question 4

What must the court instruct the jury in a Federal case regarding judicial notice?

Answer 4

In a civil case, court instructs the jury that it must accept judicially noticed fact.

In a criminal case, court instructs a jury it may accept judicially noticed fact, but it is not required to.