CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Judicial Notice
......Subjects of Judicial Notice: Discretionary
.........Mandatory on Proper Request
4 Cards On This Topic:
  • Where notice of request given to parties and sufficient information provided to court, court must take judicial notice of all matters listed in Evid. Code §452.
  • Statute that precludes introduction of additional evidence also precludes court from taking judicial notice of new facts.
  • Absent proper request, notice and information to court, judicial notice of a discretionary subject is not proper.
  • Burden on requesting party to provide adequate formal notice and complete and reliable information to court before notice may be taken.