1. CHAP. 11: JUDICIAL NOTICE OF FACTS Prof. JANICKE 2015

2. NOTICE OF FACTS IS THE ONLY TYPE O NOTICE INVOLVED HERE JUDICIAL NOTICE OF LAW OR LEGISLATIVE INTENT ARE OUTSIDE THIS COURSE 2014Chap. 11 -- Judicial Notice2

3. 2014Chap. 11 -- Judicial Notice3 A SHORTCUT JUDICIAL NOTICE OF A FACT IS A SUBSTITUTE FOR EVIDENCE ON THAT FACT A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF

4. 2014Chap. 11 -- Judicial Notice4 EFFECT OF NOTICE IN A CIVIL CASE A PROPER JUDICIAL NOTICE IS BINDING ON THE JURY AS TO THE FACT NOTICED IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACT –JUDGE IS A VERY INFLUENTIAL NUDGER

5. 2014Chap. 11 -- Judicial Notice5 2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) 1.FACTS GENERALLY KNOWN IN THE LOCALE; E.G.: –IN HOUSTON, MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS –IN HOUSTON, PART OF EXTERIOR OF MINUTE MAID PARK IS VISIBLE FROM HWY. 59 –THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS

6. 2014Chap. 11 -- Judicial Notice6 2.FACTS NOT GENERALLY KNOWN, BUT ASCERTAINABLE FROM REFERENCES OF INDISPUTABLE ACCURACY –CLOSING PRICE OF IBM SHARES ON JULY 22 –HIGH TIDE TIMES AT GALVESTON ISLAND ON APRIL 17, 2015 –FRENCH IS AN OFFICIAL LANGUAGE IN BELGIUM

7. 2014Chap. 11 -- Judicial Notice7 AN IMPROPER BASIS JUDGE’S PERSONAL KNOWLEDGE

8. 2014Chap. 11 -- Judicial Notice8 PROCEDURE ( RULE 201) ASK ON THE RECORD FOR COURT TO TAKE J.N. THAT “________”. SUPPORTIVE REFERENCES CAN BE HANDED UP TO THE BENCH FREELY TO ASSIST THE JUDGE –THESE ARE NOT BEING RECEIVED IN EVIDENCE –J.N. IS A SUBSTITUTE FOR EVIDENCE

9. 2014Chap. 11 -- Judicial Notice9 ADVERSARY IS ENTITLED TO OBJECT BEFORE J.N. IS TAKEN IF IT HAPPENS TOO FAST, SHE CAN OBJECT AFTERWARD AND HAS A RIGHT TO BE HEARD

10. 2014Chap. 11 -- Judicial Notice10 RULING JUDGE SAYS: “THE COURT WILL TAKE J.N. THAT THE SUN ROSE AT 5:14 a.m. OVER THE HOUSTON SHIP CHANNEL ON MAY 29, 2015; THE JURY WILL BE SO INSTRUCTED.”

11. EFFECT IN CIVIL CASES: ONCE TAKEN, IT IS BINDING ON THE TRIER AND THE PARTIES CONTROVERTING EVIDENCE IS NOT ALLOWED –BUT OPPONENT CAN MOVE TO VACATE THE NOTICE IF IT WAS IMPROPERLY TAKEN 2014Chap. 11 -- Judicial Notice11

12. 2014Chap. 11 -- Judicial Notice12 EFFECT IN CRIMINAL CASES: INSTRUCTION IS PERMISSIVE –“THE JURY IS INSTRUCTED THAT IT MAY FIND WITHOUT FURTHER EVIDENCE THAT THE SUN ROSE AT 5:14 a.m.....” CONTROVERTING EVIDENCE IS ALLOWED –BUT SELDOM HAPPENS

13. PROBLEMS/CASES 11A 11B 11D 11E Virgin Islands 11G 2014Chap. 11 -- Judicial Notice13