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Judicial Notice When Hearing Necessary

Judicial Notice When Hearing Necessary
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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

My friends call me Bigwas, I have a degree in Law and Criminology, not English but Internet marketing and Web developing is what I do and I love to blog. I hope you learn something from my blog.

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