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California Forms of Pleading and Practice--Annotated
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


27-321 California Forms of Pleading and Practice--Annotated 321.syn


Title

Judicial Notice

Author

Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

This chapter discusses judicial notice and the manner of invoking it. Specifically, the chapter explains presumptions, the purpose and effect of judicial notice, when judicial notice must or may be taken, mandatory versus permissive judicial notice, and matters subject to judicial notice. It also examines making permissive judicial notice mandatory, invoking judicial notice, the burden of persuasion, determining the propriety of judicial notice, and instructing the jury on a judicially noticed matter.

Additionally, the chapter discusses the effect of a court's failure or refusal to take judicial notice or to so instruct the jury, judicial notice in a reviewing court, and review of the trial court's determination. The chapter includes a research guide and a procedural guide for requesting judicial notice and opposing the request. It further provides a variety of forms to assist the practitioner.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.

CORE TERMS:

Judicial Notice,Purpose of Judicial Notice,Effect of Judicial Notice,Mandatory Judicial Notice,Permissive Judicial Notice,Matters Subject to Judicial Notice,Invoking Judicial Notice,Burden of Persuasion,Propriety of Judicial Notice,Jury Instructions,Review of Judicial Notice,Presumption

RELATED CHAPTERS: (View)

For discussion relating to judicial notice on appeal, and a form of motion requesting that such notice be taken, see Chapter 50, Appeal: Briefs.

For discussion of judicial notice on demurrer and motion for judgment on pleadings, see Chapter 206, Demurrers and Motions for Judgment on the Pleadings.

For discussion of judicial notice of a court's records in actions for abuse of process, see Chapter 357, Malicious Prosecution and Abuse of Process.

For discussion of official notice in administrative hearing proceedings of generally accepted technical or scientific matter within a public agency's special field, as well as facts subject to judicial notice in California courts, see Chapter 473F, Agency Adjudication Hearings.

For additional discussion of judicial notice of statutes and ordinances and forms for use in invoking judicial notice and pleading the existence of an ordinance, see Chapter 531, Statutes and Ordinances.

For discussion of judicial notice on a summary judgment motion, see Chapter 537, Summary Judgment.

OTHER RELATED PUBLICATIONS:

For discussion of judicial notice, see California Trial Guide (Matthew Bender), Unit 20, Procedural Rules for Presentation of Evidence.

For discussion and a form of request for judicial notice of foreign law in discovery proceedings, see California Points & Authorities (Matthew Bender), Chapter 81, Discovery: Privileges and Other Discovery Limitations.

For forms used to support or oppose a motion for summary judgment or adjudication by requesting judicial notice, see California Points & Authorities (Matthew Bender), Chapter 221, Summary Judgments.

For discussion of requests for judicial notice at the pretrial conference stage of litigation, see Matthew Bender(R) Practice Guide: California Trial and Post-Trial Civil Procedure (Matthew Bender), Chapter 4, Final Pretrial Conference.
 
 
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