Requesting judicial notice in Bankruptcy Court is the topic of this blog post.
Requesting judicial notice in a case in United States Bankruptcy Court is authorized by Rule 201 of the Federal Rules of Evidence which both authorizes judicial notice and also specifies which facts may be judicially noticed.
Requesting that a court take judicial notice of certain adjudicative facts is an excellent litigation tool if used in the right situations.
Judicial notice can be taken in both United States Bankruptcy Court and United States District Court as Rule 1101(a) of the Federal Rules of Evidence states that the Federal Rules of Evidence apply to proceedings before United States Bankruptcy Judges and Rule 1101(b) further states that the Federal Rules of Evidence apply in Bankruptcy cases.
As an example a court can take judicial notice of its own records and records of other court cases.
Rule 201 states that, “Judicial Notice of Adjudicative Facts
(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:
(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(c) Taking Notice. The court:
(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
(d) Timing. The court may take judicial notice at any stage of the proceeding.
(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.”
I want to stress that the party requesting judicial notice in Bankruptcy Court of certain adjudicative facts must supply the court with the necessary information in support of their request and should attach copies of any exhibits that support the request for judicial notice. If they fail to do so the court may deny their request.
Sample request for judicial notice in United States Bankruptcy Court in Word format.
Attorneys or parties that would like to view a sample request for judicial notice in United States Bankruptcy Court created by the author and available for FREE download in Microsoft Word format can see below.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Filed under: Bankruptcy Court Adversary Proceedings, Bankruptcy Litigation, California freelance paralegal | Tagged: bankruptcy, California judicial council, California judicial notice, Law, United States Bankruptcy Court | Leave a comment »