Florida personal injury lawyer, Guy S. DiMartino, DC, JD, discusses the underused concept of judicial notice and how it can save money in a case.
The concept of judicial notice is underused and often misunderstood in personal injury cases. The law allows a party to a lawsuit to ask the court to take judicial notice of pertinent facts and law. If the court takes judicial notice of the fact and/or law, the party will not have to call a witness to trial to testify regarding the fact(s). Instead, the court will instruct the jury that they must consider the relevant information.
Florida Law on Judicial Notice
The judicial notice rule is set out in Florida Rules of Evidence 201-207, which states:
First, there are certain matters which the court must take judicial notice of that include:
- Public laws
- Court rules
Second, there are certain matters which the court may take judicial notice and these can be very useful in a client's personal injury case:
- Facts that are not subject to dispute because they are generally known in the area
- Facts that are not subject to dispute because they are capable of accurate and reproduction
- Uses of Judicial Notice in a Florida Injury & Accident Case
There are many ways that we can use judicial notice in an injury and accident case, and this can save the expenses associated with bringing a witness into court to testify. Here are few examples:
- Day of the week
- Phases of the moon
- Weather – rain, snow, sleet, etc.
- Math formulas
- Newspaper headlines
- Book titles
- Articles written
These are just a few examples of how judicial notice can save time and money in a Florida injury and accident case. A lot of the times, lawyers forget to use this great tool to get facts before the court.
If you have any questions about a Florida injury and accident claim, give me a call at (352) 267-9168 or fill out the internet consultation form on the right side of the screen.