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Requesting judicial notice in Bankruptcy Court

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.

 

Federal litigation document package with over 60 sample documents for bankruptcy and civil cases for sale.

http://www.legaldocspro.net/federal-litigation-document-package/

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The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

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.

Judicial Council forms for California

Official Judicial Council forms for California are the topic of this blog post. These forms are adopted as mandatory or approved as optional by the Judicial Council of California pursuant to the provisions of California Government Code section 68511. Mandatory forms must be used while optional forms may be used although some counties may require their use. An example of a mandatory form is Form FL-100 which is the Petition form used to request a dissolution, legal separation or nullity in California. An example of an optional form is form FL-145 which is the Form Interrogatories that may be used for Family Law cases.

Certain types of California litigation such as family law and probate require the use of numerous mandatory Judicial Council forms.

To determine whether a particular form is mandatory or optional, look at the lower left corner of the first page of each form. This will state whether the form was adopted as mandatory or was approved as optional by the Judicial Council of California. Any attorney or party involved in California litigation should carefully review their local court rules as the local rules of some courts make the use of some or all optional Judicial Council forms mandatory in the courts located in that county.

Optional forms must be accepted by all courts pursuant to California Rule of Court 1.35 so long as they are applicable to the case in which they are used.

A fact that few people that work in the legal profession are aware of is that the lower right corner of the first page of many Judicial Council forms cites the California code sections that are applicable to that form. For example form FL-145 mentioned previously cites Code of Civil Procedure sections 2030.10 through 2030.410 as well as Code of Civil Procedure section 2033.710 all of which are applicable to that form. Anyone served with a form may want to carefully review the lower right corner of the first page, and then review all code sections cited. This may prove to be useful in certain cases.

For more information on California Judicial Council forms visit the California Courts official website for forms at the following link: http://www.courts.ca.gov/forms.htm

Attorneys or parties in California who wish to view all of the sample legal documents for use in California and Federal Courts sold by the author can use the link shown below. View over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents as the owner and creator of LegalDocsPro.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

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.

These 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.

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