O c taking notice the court 1 may take judicial

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o (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. o (d) Timing. The court may take judicial notice at any stage of the proceeding. o (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. Page 2 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar o (f) Instructing the Jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive. Adjudicative v. Legislative Facts o Adjudicative facts normally go to the jury to decide. They are facts that all parties normally have to prove at trial. o Legislative facts are considered by a court in the course of making legal interpretations or rulings. They pertain to the interpretation of law more broadly and have trans-case implications. They related more to formation of law or policy. Whether there is enough certainty to take judicial notice: o If the fact is generally known in the jurisdiction or is accurately and readily verifiable, the judge can take notice. o If it is known by the judge, but not generally known, the judge cannot take judicial notice. o Trial Process Voir Dire Picking jury and opportunity for lawyers to introduce jurors to issues. Sequestration 615. Excluding Witnesses o At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding: (a) a party who is a natural person; (b) an officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney; (c) a person whose presence a party shows to be essential to presenting the party’s claim or defense; or (d) a person authorized by statute to be present. If a witness doesn’t comply, the judge may dismiss the witness, declare a mistrial, or charge the witness with contempt. Judges can exempt detective and case agents from sequestration orders. Expert witnesses cannot be excluded if they are essential to the claim or defense. Crime victims are authorized by statute not to be sequestered. Opening Statements Attorneys cannot argue. They shouldn’t promise the jury anything that hasn’t yet been admitted. Page 3 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar Presentation of Evidence Part with the burden of proof presents first.
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