Legal Question in Civil Litigation in New York

Judicial notice

Under FRE Rule 201, may a judge take judicial notice of select evidence even when the advocates fail to plead or ask for a determination?


Asked on 8/31/02, 1:09 am

1 Answer from Attorneys
Jeffrey S. Eisenberg Jeffrey S. Eisenberg, Attorney at Law

Re: Judicial notice

A judge can rule to accept evidence under this rule whether or not requested by a party. Judges are interested in having evidence admitted in the most efficient manner, and this rule follows the practical view of the court. Objections can be made on the record if you believe the ruking is not accurate or fair.

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Answered on 9/01/02, 3:47 pm


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