procedural considerations

Question 1

rules of evidence

Answer 1

Federal: The judge is not bound by the rules of evidence,
except privilege.

California: Generally, the judge is bound by the rules
of evidence.

Question 2

court’s discretion

Answer 2

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.

Question 3

Conclusiveness

Answer 3

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.