Judicial Notice on Appeal: Why All the Fuss?

Law Firm XYZ, on behalf of Client A, is taking legal action against Company B for breach of contract. Client A claims that Company B failed to deliver the products as promised and seeks compensation for the losses incurred. Company B is given a deadline to respond to the legal notice before further action is taken. This article discusses the concept of judicial notice in appellate law, which allows courts to consider facts that are commonly accepted without needing to be proven. The article provides an example from Abraham Lincoln’s trial and how the court took judicial notice of the moon’s brightness to help his client. In Florida, appellate courts can also take judicial notice of certain facts, even if they were not presented in the trial court, as long as they give both parties a chance to provide relevant information. Overall, the rules around judicial notice can be complex and uncertain, but it can be an important tool in the appellate process. Florida and federal courts can take judicial notice of certain facts that are not in dispute and can be easily verified, without needing further proof. This applies to both trial courts and appellate courts. However, there are specific rules and limits to what can be noticed, and not all facts and laws can be noticed on appeal. The rules for judicial notice at the appellate level should be clarified to provide more guidance and consistency. It is important for courts to consider these rules in order to ensure fair and consistent outcomes in legal cases. In Florida, judicial notice on appeal is an important tool for making fair decisions, but it needs to be clarified to avoid confusion. It’s best to ask for judicial notice at the trial level instead of on appeal, to make sure the appellate court has all the necessary information for a fair review. Asking for it on appeal can be risky and might not be allowed.

Source: https://www.floridabar.org/the-florida-bar-journal/judicial-notice-on-appeal-why-all-the-fuss/