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Judicial Review (Notice)


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#1 MoolahLover

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Posted 18 December 2012 - 01:26 PM

What is judicial notice? How do you ask for a judicial notice? What all is entailed? I wanted to ask the court to decide on an issue that has become confusing in a case.

What is the difference between judicial notice and motion?

Thanks. California, by the way.

#2 Guest_FindLaw_Amir_*

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Posted 18 December 2012 - 01:45 PM

You may want to read California Evidence Code: Section 540-460 as a good resource. You may also want to read the LawBrain: Judicial Notice and the LawBrain: Motion article.

#3 Tax_Counsel

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Posted 18 December 2012 - 02:29 PM

What is judicial notice? How do you ask for a judicial notice?


Asking a court to take "judicial notice" is way of getting very common, undisputed facts before court. For example, if it were relevant to the case that December 18, 2012 was a Tuesday, you’d ask the judge to take judicial notice of that fact from a calendar. Since the information that December 18, 2012 is a Tuesday is a very common fact that is easily verified by a wide variety of readily accessible sources and isn’t something the opposing side will dispute, there’s no need to go through the usual process for admission of evidence to get that before the court. Asking for judicial notice can be as simple as saying to judge during the hearing “I request that the court take notice that December 18, 2012 was a Tuesday.”


What is the difference between judicial notice and motion?


A motion asks the court to take some action. If you are asking the court to decide something, that’s not a judicial notice situation— you aren’t asking the court to simply take note of some really common, easily verified undisputed fact. If you want the court to decide some issue, you make the relevant motion setting out what it is you want the court to do and your reasons supporting the request to do that.

#4 MoolahLover

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Posted 18 December 2012 - 03:17 PM

thank you very much!

#5 pg1067

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Posted 18 December 2012 - 03:43 PM

I agree with "Tax_Counsel's" response, but judicial notice is not limited to "very common, undisputed facts." More fundamentally, judicial notice is a process by which certain facts can be accepted into evidence without going through the normal evidentiary process. Under California Evidence Code Sections 451 and 452, courts must take judicial notice of certain matters and may take judicial notice of other matters. Rather than list everything of which courts must and may take judicial notice, you can read Sections 451 and 452 here: http://www.leginfo.c...00&file=450-460.

A motion and judicial notice are completely different things. A motion is a request for a court to issue an order. Virtually every motion depends on the relevant facts, and, in the context of certain motions, it may be necessary or desirable to ask the court to take judicial notice of a particular fact. For example, a defendant might seek to have a lawsuit dismissed based on the doctrine of claim preclusion (aka "res judicata" -- google it if you don't know what it means) and, in doing so, would ask the court to take judicial notice (pursuant to Evidence Code Section 452(d)) of the judgment or an order or other dispositive document in a prior lawsuit between the parties to the present case.




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