Motion for Judicial NOtice
How-To: Write a Motion for Judicial Notice*
* DOAH calls it "Official Recognition"
(see Admin vs Judicial)
| Background: | You have to prove a disputed-yet-known fact |
| Problem: | You cannot afford the burden of proving what's already known |
| Solution: | You Move the Court to take Judicial Notice of the known fact |
I. Legal Citations
Rule 201 Fed. R. Evid. | Judicial Notice
"(b) KINDS OF FACTS THAT MAY BE JUDICIALLY NOTICED. The court may judicially notice a fact that is not subject to reasonable dispute because it: ...
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned."
§90.201 Florida Statutes | Matters Which Must Be Judicially Noticed
"A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law...
(2) Florida rules of court...”
(3) Rules of court of the United States Supreme Court...”
§90.202 Florida Statutes | Matters Which May Be Judicially Noticed
"A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:
(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States...
(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States...”
(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.”
§90.203 Florida Statutes | Compulsory Judicial Notice Upon Request
"A court shall take judicial notice of any matter in s. 90.202 when a party requests it and:
(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request.
(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter."
§120.569(2)(i) Florida Statutes | Decisions Which Affect Substantial Interest
"(i) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material."
II. Samples
| # | Comments | |
|---|---|---|
| 101 |  | TBD case. Pro Se Filing. USFLMD. Rule 301 Fed. R. Evid. (Presumption) |
| 102 | | TBD case. Pro Se Filing. USFLMD. Rule 201/402 Fed. R. Evid. §90.202 FS. Government Record |
| 201 | | ¿ Unknown Result ? 2001. Pro Se Filing. DOAH. Laws, Constitutions, Final Orders, Scientology.. |
| 202 | | ✓ Granted! 2004. Attorney Filing. DOAH. Statutes. §491.009(2)(s) FS. |
| 203 | | ✓ Granted! 2007. Attorney Filing. DOAH. Statutes. Dentist. §466.028 FS |
| 204 | | ¿ Unknown Result ? 2009. Attorney Filing. DOAH. Maps. |
| 205 | | ✓ Granted ! 2010. Attorney Filing. DOAH. Final Agency Action. Unopposed. |
| 301 | | ✓ Granted! TBD case. 2018. Pro Se Filing. DOAH. DOAH Order |
| 302 | | X Denied. TBD case. 2018. Pro Se Filing. DOAH. Foreign Rule (PA). |
| 303 | | ✓ Granted (in part) TBD case. 2018. Pro Se Filing. DOAH. Burdine Formula |
| 304 | | X Denied. TBD case. 2018. Pro Se Filing. DOAH. Attorney's Fees. |
| 305 | | ✓ Granted! TBD case. 2018. Pro Se Filing. DOAH. Missing Transcript Pages. |
| 306 | | X Denied. TBD case. 2018. Pro Se Filing. DOAH. FCHR Case Lengths. |
| 307 | | X Denied. TBD case. 2018. Pro Se Filing. DOAH. FCHR Case Activity. |
| 308 | | ¿ Unknown Result ?TBD case. 2018. Pro Se Filing. DOAH. EEOC Right-to-Sue Letter |
III. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | DOAH | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
| 2 | | USFLMD | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
IV. Quick Commentary
- Note: attach the items which you want recognized to your motion.
- Insight: 'Judicial Notice' vs 'Official Recognition' gives you some early procedural insight into the difference between DOAH and Court.
- Courts call it "Judicial Notice". Courts are in the judicial branch of government.
- DOAH calls it "Official Recognition". DOAH is in the executive branch of government.
- Read Health Quest v Dept. of Health and Rehab, 477 So. 2d 576 (Fla. 1st DCA 1985)
- Read this to learn more
- Good News: DOAH usually approves these types of motions.
- Better News: Judicial Notice prevents you from having to prove what's already known.
- See Shriver v. Tucker, 42 So. 2d 707 (Fla. 1949)
- See Huff v. State, 495 So. 2d 145, 151 (Fla. 1986)
- See Maradie v. Maradie, 680 So. 2d 538 (Fla. 1st DCA 1996)
- Please download as many sample documents as you'd like
- Contact TBD for more free samples
- Also, feel free to use the templates (see Part III - above) to help draft your 'Motion for Judicial Notice' (or 'Official Recognition')
- Save the final version as a PDF file.
- File it in court (or at DOAH)
V. Additional Resources
- Singh v. United States Department of Homeland Security, 526 F.3d 72, 80 & n. 9 (2d Cir. 2008) (warning: external link!)
VI. Conclusion
A Motion for Judicial Notice/Official Recognition will help you establish relevant facts that cannot be refuted. Thus, it'll save you time at trial.
Examples include (agency records, court records, etc.).
With the use of the templates (as well as the samples above), you can more easily move the court/agency for an order of Judicial Notice/Official Recognition.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
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