Pretrial motion to take Judicial Notice in CA Small Claims Court

[Vincent Belew]

What is the name of your state (only U.S. law)? California.

In California, can a party in a Small Claims case make a pretrial request for the court to take judicial notice of the types of things described in CA Evidence Code sections 450-460?

My own answer: I don’t see why not. It looks like I can use California Judicial Council Form SC-105 to make the request.

Link to CA Evidence code:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EVID&division=4.&title=&part=&chapter=&article=

 

[PayrollHRGuy]

One would think that any judge would know the evidence they can and cannot take judicial notice of.

Telling the judge in advance how to do his job is likely going to pi$$ him off.

 

[quincy]

What is the name of your state (only U.S. law)? California.

In California, can a party in a Small Claims case make a pretrial request for the court to take judicial notice of the types of things described in CA Evidence Code sections 450-460?

My own answer: I don’t see why not. It looks like I can use California Judicial Council Form SC-105 to make the request.

Link to CA Evidence code:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EVID&division=4.&title=&part=&chapter=&article=

Did you ask the Small Claims Advisor if SC-105 is the proper form for you to file? That is what Form SC-105 advises you do first.

 

[adjusterjack]

What is the name of your state (only U.S. law)? California.

In California, can a party in a Small Claims case make a pretrial request for the court to take judicial notice of the types of things described in CA Evidence Code sections 450-460?

My own answer: I don’t see why not. It looks like I can use California Judicial Council Form SC-105 to make the request.

I'm guessing that you CAN make a pre-trial motion using that form.

But what is it that you expect to accomplish by doing so?

If you think it will eliminate the necessity of proving your case, it won't.

 

[FlyingRon]

Generally when people start spouting off about judicial notice before there is even any evidence introduced it's the sovereign citizen goofballs trying to set the ground rules for one of their inane misinterpretations of the law. It never works.

If you have something you want to introduce, introduce it. The court or the opposing party will have their opportunity to protest.
If you want to protest something that you think the court should not take notice of, then you object to that when that is introduced.

 

[quincy]

The response from the court to an SC-105 is most likely to be a checkmark next to, "You must go to the court if you want to be heard" - followed by a hearing date.

 

[latigo]

What is the name of your state (only U.S. law)? California.

In California, can a party in a Small Claims case make a pretrial request for the court to take judicial notice of the types of things described in CA Evidence Code sections 450-460?

My own answer: I don’t see why not. It looks like I can use California Judicial Council Form SC-105 to make the request. .. .

Your effort blew up in your face, didn't it, Vince?

You came in here thinking you could ostentatiously impress someone with your acquaintanceship with rules and procedures that are generally taken for granted and end up having authored one of the more empty headed questions ever submitted. A sort of literary exhibitionism, and instead of heaps of praise have been deservedly ridiculed.

Curiously though, how did you intend to tactfully respond to Paragraph 4 of the request where you need to explain your purpose in asking the court to take judicial notice of what the courts are required by law to take judicial notice of?

Who knows? Perhaps you have some hidden diplomatic skills.

 

[Taxing Matters]

My own answer: I don’t see why not. It looks like I can use California Judicial Council Form SC-105 to make the request.

My question to you is why would you? Generally when you want to have the court take judicial notice of something that the evidence code already says the court shall take judicial notice, you simply need mention that during the hearing or trial at which you seek to admit that piece of evidence. There is no need for a pre-trial motion. And especially as small claims proceedings are supposed to be informal and simple, I cannot see that filing pre-trial motions other than for continuance would be all that favored by the judge, particularly when there is no need for the motion.