Misc. Evidence Issues

Question 1

What is judicial notice?

Answer 1

Recognition of a fact as true w/o formal presentation of evidence

Cts take JN of indisputable facts that are EITHER:

(i) matters of common knowledge in the community; OR
(ii) capable of verification by resort to easily accessible sources of unquestionable accuracy (e.g. via almanac)

Question 2

What is the effect when a ct takes judicial notice of a fact?

Answer 2

1) CIVIL case: a judicially noticed fact is CONCLUSIVE in a civil case
2) CRIMINAL case: a judicially noticed just SATISFIES the PROSECUTION’S BURDEN

The jury DOES NOT have to accept the fact as CONCLUSIVE

Question 3

What are limits on juror’s witnessing in other trials?

Answer 3

Fine.

NOTE: Only limited from testifying in current trial.