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.
How-To: Write a Motion for Judicial Notice*
* DOAH calls it "Official Recognition"
(see Admin vs Judicial)
(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
II. Legal Citations
(2) Florida rules of court...”
(3) Rules of court of the United States Supreme Court...”
(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.”
(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter."
III. 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 | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | DOAH | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| 2 | | USFLMD | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). | |
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.
- 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 this to learn more
- Good News: DOAH usually approves these types of motions.
- Motions to Dismiss & Judicial Notice
- Matters that have been judicially noticed get considered in a Motion to Dismiss (as well as a response to one)
- In this context, items for judicial notice must:
- (a) be central to the underlying complaint; and
- (b) be authentic
- 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
- Health Quest v DHRS, 477 So. 2d 576 (Fla. 1st DCA 1985)
- Huff v. State, 495 So. 2d 145, 151 (Fla. 1986)
- Maradie v. Maradie, 680 So. 2d 538 (Fla. 1st DCA 1996)
- Shriver v. Tucker, 42 So. 2d 707 (Fla. 1949)
- SFM Holdings v. Bank of America, 600 F.3d 1334 (11th Cir. 2010)
- Singh v. DHS, 526 F.3d 72, 80 & n. 9 (2d Cir. 2008)
VIII. Conclusion
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...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
