332) What is “Judicial Notice”?”

Описание: Thanks for asking me “What is “Judicial notice”?”

Judicial Notice is a legal concept that permits a party to request that a fact - or facts - be introduced into evidence at trial where the truth of that matter is so notorious or well known, or so authoritatively attested to, that it can’t reasonably be doubted.

In Fl matters can be Judicially Noticed in both civil and criminal cases, and the FL Evidence Code differentiates between two types of judicial notice: Compulsory and Permissive. FS 90.201 deals with "Matters which MUST be judicially noticed", FS 90.202 deals with "Matters which MAY be judicially noticed" and FS 90.203 and 90.204 spells out the process for both. Examples of things subject to compulsory judicial notice in FL are State and Federal statutes and rules. Examples of things subject to permissive judicial notice in FL are laws of foreign nations, court records and per FS 90.202(12) “Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” The only real limitation on judicial notice is that the evidence sought to be introduced must be relevant to the case at hand.

So why would any of this be important? Let’s say for example that you’re charged with BUI - Boating Under the Influence - and weather data like wind speed or wave height or tide conditions are an important part of your defense, thanks to judicial notice you can introduce a certified printout of those historical facts from either the National Weather Service or the National Oceanic and Atmospheric Administration without having to call (and pay for) a witness. Another example might be where you’re accused of an act of domestic violence by an ex and you had been awarded a domestic violence restraining order in another court case against that same complaining witness, assuming that it’s relevant to your case, then that prior domestic violence restraining order can be judicially noticed.

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