I was given a "Judicial Notice" as requested from the court in a County of California's jurisdiction, at the same time the court granted the defense its' request for a " change of venue"
Does the court have to recognize the finding in one county and proceed in the matter at hand from there...?...it has been since 3/27/06 and a court date has yet to be set...any ideas about what's up or what I should do ?......Thanks
2006-07-21 07:29:38 · 3 answers · asked by JRev 3 in Politics & Government ➔ Law & Ethics
O.k and right=on coragryph the affirmation I sought has been presented well by you...
A court document was presented by me which the court recognized and is pertinent in swaying matters, favorably....
Right-on.
2006-07-21 09:06:22 · update #1
I should have phrased it as ;
"took notice"
of the Judicial Notice I requested...
2006-07-21 09:08:41 · update #2
The phrase "judicial notice" means that the court is taking notice of some fact, and judicially determining that fact is true. It is mainly an evidentiary tool used to avoid the need to put on an expert witness to testify to things like the fact that we have a sky and that rain fall from it occasionally.
Judicial notice can also be taken of public acts and judicial records from other courts, even in other states. This is a result of the Full Faith and Credit Clause in Article IV of the Constitution. Basically, once a court has decided an issue, any other court must treat that issue as already established. The exception, of course, is when the issue is appealed to a higher court in the same hierarchy.
The change of venue merely means a change in where the court proceedings will be held. It doesn't change anything that happened previously. In the case above, it sounds like the new court is taking judicial notice of what happened in earlier court proceedings.
2006-07-21 07:41:59 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Judicial notice is something you receive from a judge that is impotent and wants to have a bow-ner. If you find yourself on the short end of the stick it is because absence makes the case a little weaker. Be a rose that pricks when cut-off. Be the squeaky wheel that breaks ear drums until greased!
2006-07-21 07:47:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's basically a subpeona to appear in court. You're required by law to appear. It doesn't necessarily mean that you've done anything wrong. In the meantime, go to the county courthouse and inquire about your notice.
2006-07-21 07:34:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋