Did you notice

As federalevidencereview notes:

[A]llowing a court to take judicial notice often presents a proponent of its use with a useful short-cut in proof of adjudicative facts. But it is important to draw a distinction between the fact noticed and the logical conclusion to be drawn from the fact.

From time to time you will see a prosecutor want to have judicial notice of facts, but include in their motion their argument or conclusions.  Remember that there must be a foundation for the notice offered at the time of the request.  For example a calendar for judicial notice that a date fell on a particular day of the week, or a copy of the regulation or statute. 

Posted in:

Leave a Reply

Your email address will not be published. Required fields are marked *