CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Judicial Notice
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Subjects of Judicial Notice: Discretionary
.........Mandatory on Proper Request
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Where notice of request given to parties and sufficient information provided to court, court must take judicial notice of all matters listed in Evid. Code §452.
Statute that precludes introduction of additional evidence also precludes court from taking judicial notice of new facts.
Absent proper request, notice and information to court, judicial notice of a discretionary subject is not proper.
Burden on requesting party to provide adequate formal notice and complete and reliable information to court before notice may be taken.