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If this has to do with your appeal, is this your opening brief?  For a writ or a motion in the trial court, you just make the request in your brief and include it in the argument.  If it's an appeal brief,  then you first make a request to the court to augment the record and you can't cite it until the court grants that but they also give you more time to file your brief.   I've been told by colleagues that you can request judicial notice in the brief itself and reference that material anyway but I've never done it that way so don't know if it works or not.

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5 minutes ago, LegalwriterOne said:

If this has to do with your appeal, is this your opening brief?  For a writ or a motion in the trial court, you just make the request in your brief and include it in the argument.  If it's an appeal brief,  then you first make a request to the court to augment the record and you can't cite it until the court grants that but they also give you more time to file your brief.   I've been told by colleagues that you can request judicial notice in the brief itself and reference that material anyway but I've never done it that way so don't know if it works or not.

Yes, it has to with an appeal, the judicial notice has been filed already,  This concerns certain exhibits and claims that are identical to the exhibits or claims used in the lower court.  Just contains better digital images of the exhibits . . .   

 

 

 

 

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Getting past the question when the request for judicial notice filed be it at the lower court of the court of appeals, is the opponent required to file opposition within the specified time? Challenging whatever aspect of the moving party wants 'noticed'     

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The record on appeal includes only what was before the lower court.  Trying to add matter through a motion for judicial notice in the appeal court is seeking to admit evidence that was not before the trial court.  The opposition may bring this to the attention of the appellate court, but is not required to respond to the substance of the material that is sought to be admitted.  Or, the opponent can simply remain silent and rely on the appellate judges to act on their own, which they almost certainly will.

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