Judicial notice: What it is and how to use it effectively

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 5.2020
1.) THE BIG QUESTION: What is judicial notice, how do you get it, and how do you use it? It’s a tool that renders necessary having to put something into evidence if it is without dispute. You need to be familiar with Florida Evidence Code Section 90.201, Section 90.202, and Section 90.203.
2.) THE BIG CASES: We cite two cases which may help you understand how to use the discretionary judicial notice provision. Records of the same court or other courts can be used but you have to follow certain procedures to enter them.
3.) COURTROOM SAVVY: It is important to give the adverse party timely written notice of the request. A cautionary note: beware of hearsay contained in court records. You still have to comply with the rules of evidence.
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The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.
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