Judicial notice allows courts to accept certain facts and laws as irrefutable and conclusive, making trials faster and easier. It applies to facts in the public domain, easily verifiable information, and scientific facts deemed indisputable. Advance notice is required, and criminal and civil cases have different standards. In civil cases, judicial notice is considered completely conclusive and cannot be contradicted.
Lawyers and judges often undergo a great deal of deliberation in determining what types of evidence may be admissible for judicial processes. When a court takes a judicial notice, it holds that certain facts and laws are generally irrefutable and conclusive. This law of proof allows trials to be conducted quickly, as it lightens the burden of proof on the part of those who request it. Without this ability, the opponent may suspend the proceedings by arguing evidence that does not need to be arguing.
The judicial notice often applies to facts perceived to be in the public domain within the territorial jurisdiction of the judge. It also applies to any information that can be easily verified in an encyclopedia, dictionary, or reference book. Anything that can be verified by an expert source can also be used.
For example, some scientific facts may not be considered common knowledge among the general population. If deemed reasonably indisputable by the scientific community, the court may take note of these facts. The facts, laws and other contents of the case in question can also be requested for judicial notice, but any information that derives from other judicial cases is not admissible.
Often, advance notice is required before a trial. One party presents its facts to the other party and provides all necessary documentation to support that information. The judge allows both sides to be heard before notice is officially taken, and the jury is then instructed to consider that evidence as fact. Occasionally, an attorney, prosecutor, or defendant cannot anticipate what evidence they may want to present in court until after the trial is already underway. In such a case, a request for judicial notice can be provided to the judge at an early stage of the trial. Notice may also be taken at the discretion of the court itself; it doesn’t always require a request from one side or the other.
Criminal and civil cases have slightly different standards for judicial service. In criminal proceedings, the evidence and facts presented are presumed to be true, however the opposing party is entitled to provide refuting evidence at its discretion. Because such indemnity can potentially hinder the speed of a trial, this is not allowed in civil cases. Conversely, the judicial notice is considered completely conclusive and factual in a civil case. Once granted, it cannot be contradicted by any evidence from the other party.
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