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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. Definitions

Judicial Notice
the court's recognition of facts that can be confirmed by consulting sources of unquestioned accuracy, thus removing the burden of producing evidence to prove these facts. A court can admit facts that are common knowledge to an average, well-informed citizen.
EXAMPLE: Kristen claims that on the day of the accident the roads were very slick as a result of a torrential downpour. However, the victim of the accident brings in several weather maps and reports showing that for seven days prior to and including the day of the accident, there was not a single raindrop. A court can take judicial notice of the maps and reports.

II. 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."

III. Samples

# PDF Comments
101logoAdobeTBD case. Pro Se Filing. USFLMD. Rule 301 Fed. R. Evid. (Presumption)iconPriceTag
102logoAdobeTBD case. Pro Se Filing. USFLMD. Rule 201/402 Fed. R. Evid. §90.202 FS. Government RecordiconPriceTag
201logoAdobe¿ Unknown Result ? 2001. Pro Se Filing. DOAH. Laws, Constitutions, Final Orders, Scientology..iconPriceTag
202logoAdobe✓ Granted! 2004. Attorney Filing. DOAH. Statutes. §491.009(2)(s) FS.iconPriceTag
203logoAdobe✓ Granted! 2007. Attorney Filing. DOAH. Statutes. Dentist. §466.028 FSiconPriceTag
204logoAdobe¿ Unknown Result ? 2009. Attorney Filing. DOAH. Maps. iconPriceTag
205logoAdobe✓ Granted ! 2010. Attorney Filing. DOAH. Final Agency Action. Unopposed.iconPriceTag
301logoAdobe✓ Granted! TBD case. 2018. Pro Se Filing. DOAH. DOAH OrdericonPriceTag
302logoAdobeX Denied. TBD case. 2018. Pro Se Filing. DOAH. Foreign Rule (PA).iconPriceTag
303logoAdobe✓ Granted (in part) TBD case. 2018. Pro Se Filing. DOAH. Burdine FormulaiconPriceTag
304logoAdobeX Denied. TBD case. 2018. Pro Se Filing. DOAH. Attorney's Fees.iconPriceTag
305logoAdobe✓ Granted! TBD case. 2018. Pro Se Filing. DOAH. Missing Transcript Pages.iconPriceTag
306logoAdobeX Denied. TBD case. 2018. Pro Se Filing. DOAH. FCHR Case Lengths.iconPriceTag
307logoAdobeX Denied. TBD case. 2018. Pro Se Filing. DOAH. FCHR Case Activity.iconPriceTag
308logoAdobe¿ Unknown Result ?TBD case. 2018. Pro Se Filing. DOAH. EEOC Right-to-Sue LettericonPriceTag


IV. Templates

# Link Comments
1iconMSWordDOAH | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag
2iconMSWordUSFLMD | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Application

  • Great News: Judicial Notice prevents you from having to prove what's already known.
    "The concept of judicial notice is essentially premised on notions of convenience to the court and to the parties; some facts need not be proved because knowledge of the facts judicially noticed is so notorious that everyone is assumed to possess it. As we held over a half century ago
    the courts should not exclude from their knowledge matters of general and common knowledge which they are presumed to share with the public generally. This does not mean knowledge which they individually possess by reason of personal investigation and research, but matters of common notoriety which because of such notoriety they share or should share in common with the public.

VI. 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.
  • Good News: DOAH usually approves these types of motions.
  • Motions to Dismiss & Judicial Notice
  • 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)

VII. Bibliography

VIII. 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.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Motion for Judicial Notice!

Please get the justice you deserve.

Sincerely,



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Pages That You
Might Also Like
How-To: Respond to Motion to Dismiss
Horne v Potter, 392 F. App’x 800 (11th Cir. 2010)
Rule 201 Fed. R. Evid. Reading List: Findings of Fact Reading List: Judicial Notice
Rule 201 Fed. R. Evid. Reading List: Findings of Fact Reading List: Judicial Notice
iconWebsite
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iconWebsite
TBD Marketplace™

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Buy™

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Sell™

sell your court documents/templates

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Shop™ Now

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Buy™Sell™Shop™
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