Procedural considerations

Question 1

Judicial notice

Answer 1

1. same facts subject to judicial notice:
2. how facts are established through judicial notice:
   i. FREv:
   a. judicial notice must be requested by a party, but can be requested even on appeal
   b. court has discretion to take judicial notice
   i) civil cases: court instructs jury it must accept the noticed fact as conclusive
   ii) criminal cases: court instructs jury it may but is not required to accept the noticed fact as conclusive

ii. CA:
a. whether requested or not, court must take judicial notice of matters generally known within jurisdiction
b. court instructs jury it must accept judicially noticed facts in both civil and criminal cases