Perspective
May 29, 2013
Judicial notice: effective weapon or misfire?
If the case law is any indication, while frequently utilized, judicial notice is misunderstood. By Gary A. Watt and Ryan Rezaei
Attorneys ask courts to take judicial notice of all kinds of documents. Judicial notice is often used with demurrers, motions to strike, judgment on the pleadings, and even appeals. However, if the case law is any indication, while frequently utilized, judicial notice is misunderstood. As one appellate court put it, "Many attorneys apparently believe that every scrap of paper that is generated ... constitutes the proper subjec...
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