Written by attorney Gerald Michael Oginski

"The Court Will Take Judicial Notice"; What Does That Mean? NY Trial Attorney Gerry Oginski Explains

There are some things that are so well-known that often, you will hear a lawyer ask a judge to take judicial notice of a common fact.

A judge who presides over your accident, negligence, medical malpractice or wrongful death trial in NY has the discretion of whether or not to admit something as judicial notice.

Here is an example: "Your Honor, I ask the court to take judicial notice of the fact that the weather on the date of the accident was 27 degrees outside."

"Your Honor, I ask the court to take judicial notice that Google is the largest search engine in the world."

By asking the court for permission to accept a readily available and commonly accepted fact, it eliminates the need for me to bring in proof that such a fact exists. Otherwise, I would be required to prove every minor point that may be related to the claims in our case.

Watch the video to learn more.

Free Q&A with lawyers in your area

Avvo personal injury email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer