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Judicial Notice When Hearing Necessary

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Judicial Notice When Hearing Necessary








When Hearing is Necessary?
1. During the trial: The court may announce its intention to take
   judicial notice of any matter and allow the parties to be heard
   thereon on its own initiative or on request of a party.
2. After the trial and before judgment or on appeal, The court may
   announce its intention to take judicial notice of any matter that
   is decisive of a material issue in the case and allow the parties
   to be heard thereon on its own initiative or on request of a party.

The purpose of the hearing is not for the presentation of evidence
but to afford the parties reasonable opportunity to present
information relevant to the proprietary of taking such judicial
notice or to the tenor of the matter to be noticed.

What stage may the court take judicial notice of a fact?
1. During trial
2. after trial and before judgment
3. appeal

A Distinction is made between judicial notice taken during trial and
that taken after trial but before judgment or on appeal.

During the trial
The Court may announce its intention to take judicial notice of any
matter and may hear the parties thereon.

After trial but before judgment or on appeal
The Court may take judicial notice of any matter and allow the parties
to be heard thereon if such matter is decisive of a material issue
in the case.

The judge may consult works on collateral science, or arts, touching
the topic on trial.

What are the facts that do not need introduction of evidence?
   SUGGESTED ANSWER:
   a. Facts which a court shall or may take judicial notice.
      (Secs.1 and 2, Rule 129, ROC)
   b. Judicial admissions. (Sec. 4, Rule 129, ROC)
   c. Facts which may be presumed from proven facts.

Distinguish mandatory judicial notice from discretionary 
judicial notice.
SUGGESTED ANSWER:
1. For mandatory judicial notice the court is compelled to take
   judicial notice because of the use of the word "shall" in Sec.1,
   Rule 129, ROC WHILE for discretionary judicial notice the court is
   not compelled because of the use of the word "may" in Sec.2,
   Rule 129, ROC.
2. Mandatory judicial notice takes place at the court's own initiative
   while discretionary judicial notice may take place at the court's
   initiative, or on request of a party.
3. Discretionary judicial notice requires a hearing and presentation
   of evidence while mandatory judicial notice does not require hearing
   and presentation of evidence.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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