Wednesday, July 10, 2013

Judical Notice

Judicial notice is one of those things that is not used enough to me in some cases.  I am always paranoid and want to get as much as possible admitted into evidence prior to a formal trial.  In post-divorce cases, this lots of times involves showing that the prior orders of the court were violated, vague, etc.   The means normally getting certified copies of the divorce pleadings or proving what the Court previously ruled.  The Court can take judicial notice of documents in the Court file for evidentiary purposes for trial which is permitted by Peden v. City of Gautier, 870 So.2d 1185 (Miss. 2004).  This can be done pretrial or in an emergency you can ask the Court to take judicial notice of the prior court orders.  I have never had a judge as of yet deny a request for judicial notice of the prior court orders even in the middle of trial since they are part of the court record and not subject to actual dispute as to their authenticity. 

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