- Overview
- Method of introducing evidence of matter of law or fact without resorting to formal proof
- Simply because a fact is properly subject to judicial notice does not mean it is admissible; it is subject to all other evidentiary limitations as well.
- Can be challenged on relevancy grounds & under EC 352. (Mozzetti v. City of Brisbane (1977) 67 Cal.App.3d 565, 578.)
- Mandatory Judicial Notice (EC 451)
- Court required to take judicial notice of
- California/federal law
- Universally known facts
- Court required to take judicial notice of
- Permissive Notice (EC 452)
- Court may take judicial notice of items listed in EC 452.
- Court records (in state and out of state) (EC 452(a).)
- Permits court to take judicial notice of its own records, including prior pleadings in a case. (People v. Cavanna (1989) 214 Cal.App.3d 1054, 1058.)
- BUT: truth of matters asserted in such records is not subject to judicial notice. (Board of Pilot Commissioners v. Superior Court (2013) 218 Cal.App.4th 577, 597.)
- Day Rule. Judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law and judgments.” (Day v. Sharp (1975) 50 Cal.App.3d 904, 914.)
- Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court they cannot reasonably be the subject of dispute (EC 452(g).)
- Highway 80 is busy & undoubtedly heavily traveled at the time in question. (People v. Tobin (1990) 219 Cal.App.3d 634, 639.)
- Boots are less resilient than other articles of clothing. (In re Willy L. (1976) 56 Cal.App.3d 256, 262.)
- Capsules and milk sugar are used in the processing of narcotics. (People v. Torres (1961) 56 Cal.2d 864, 866-867.)
- Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy (EC 452(h).)
- Treatises, encyclopedias, almanacs, etc.
- Converting Permissive to Mandatory Notice (EC 453)
- When a party complies with EC 453 by giving sufficient notice and furnishing sufficient information, the trial court must notice even those matters listed under EC 452. (People v. Smith (1989) 215 Cal.App.3d 19, 25.)
- Sufficient Information. Whether information is sufficient will vary from case to case. (People v. Maxwell (1978) 78 Cal.App.3d 124, 130.)