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Florida Lawyer Explains Judicial Notice and how it can save money in an Accident & Injury Case

Posted by Guy DiMartino | Dec 12, 2012 | 0 Comments

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
  • Statutes
  • 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
  • Tides
  • Phases of the moon
  • Weather – rain, snow, sleet, etc.
  • Distances
  • Speed
  • 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.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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