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Topic: Judge won't issue a Judicial Notice

Created on: 08/24/14 10:14 PM

Replies: 4

KEN4


Joined: 11/08/13

Posts: 9

Judge won't issue a Judicial Notice
08/24/14 10:14 PM

I filed a motion to take Judicial Notice back in January. Had the hearing in March. It was pretty basic. It contained the statutory law , a few appellate precedent, and one from the state supreme court. It also contained a paragraph that tied it all to my case. The other side agreed to 4 out of 5 points on my motion. The Judge agreed with him. He said he would take notice of the 4 points. He asked me to submit a proposed order. I did 2 days later. Didn't sign it. In July I asked the clerk about it and sent in another copy of the proposed order. She responded that the judge had the order and didn't sign it.
In August I discovered irrefutable evidence that linked the 5th point of the Judicial Notice. It was on file with the Court. Had a copy authenticated by the clerk as the rules say, and filed a motion for a rehearing based on the new evidence. I included a new proposed order that had all 5 points in it. I scheduled a hearing for the next law day which is the first week of September. I just noticed on-line that the judge denied my new order.
I thought the Judge had to take judicial notice of the law.
this was a pivoting factor in my case.

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Sample Motion for Judicial Notice
12/03/16 1:59 PM

Where in this course is a sample Motion For Judicial Notice?

It is disturbing that no replies are given by moderators of this forum to many sound questions having enough detail on which a reply can be offered. The advertising of this course on the point of the forum is misleading, as far as I can see. Only certain topics get appropriate attention, but most in need of reply while in actual litigation are lacking.

The major reason I and many others have Jurisdictionary is for on-hands teaching help as we apply ourselves to the course, usually in the throes of a case or just prior to. Teaching help in the forum should not have to be substituted for paid hourly sessions with an attorney. The forum is an integral and major element of the paid course.

Beryl

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Judge won't issue a Judicial Notice
12/04/16 8:47 AM

Dear Beryl ... Perhaps the difficulty you have is seeing the course as an "encyclopedia" instead of a "structured course" designed to be gone through from start to finish. Motions for Judicial Notice are discussed many places throughout the course. Each state has slightly different rules with regard to judicial notice and, as the course teaches, everyone is urged to consult local rules on all such matters. The course is designed to and does an excellent job of acquainting you and others with the mechanism of litigation and its tools and weapons. Start at the beginning of the course and work your way through, and you will find what you seek, my friend.

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RE: Judge won't issue a Judicial Notice
12/05/16 8:19 AM

Thank you for reply, aside from mistaken subject. I did start at the beginning and go through, but I didn't need everything then. Now I need certain parts of the course in actual litigation, so, logically check back to sections I think the subject is in, starting with the alphabet search or other search tools. I have been using the material systematically, but it still takes use to lodge in my mind where I saw this or that. Search tools are great helpers, which is why they are so widely available, as you know. I'm not downing the course, just hoping my difficulties will contribute to its small details for easier use. Time doesn't allow for full restart in the course. I'm dealing with JPMorgan Chase Bank, N.A., FNMA, MTGLQ Investors, LP, Quality Loan Service Corporation of Washington, Shellpoint Mortgage Servicing, LLC and Nationwide Title Clearing, Inc. Lying is first nature to the lawyers and their associates, they really mess up procedure and title, and are void of reasonableness. The defendants have endless resources to steal my homestead, which they haven't yet done in 8 years--due to the grace and mercy of Yehovah God by His Man Jesus Christ. I'm hoping this is the last battle in the war. Now they are trying to remove to federal court.

Also, I am very interested in a response you can offer to Ken4's 8/24/14 quandry on the subject Title.

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RE: Judge won't issue a Judicial Notice
12/05/16 8:29 AM

Also, I am using the statutes and rules of this jurisdiction.
I also looked in the course alphabet for "adjudicative facts", as the term appears in state rule for judicial notice, as follows (Washington State Evidence Rule):
RULE ER 201
JUDICIAL NOTICE OF ADJUDICATIVE FACTS
(a) Scope of Rule. This rule governs only judicial notice of adjudicative facts.
(b) Kinds of Facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or
(2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(c) When Discretionary. A court may take judicial notice, whether requested or not.
(d) When Mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.
(e) Opportunity To Be Heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
(f) Time of Taking Notice. Judicial notice may be taken at any stage of the proceeding. ===
The more I find in the course, the more efficient. I need all the time I can get!

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