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Judicial Notice
Judicial Notice is a substitute for evidence Matters judicially noticed are normally binding on finder of fact and preclude opponent from offering evidence disputing the noticed fact Mandatory notice court required to notice such facts Permissive notice court must notice such facts if proper notice and procedures followed
2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned
e.g. July 7, 1959, fell on a Monday
Stipulations
A stipulation is an offer to admit a fact or a set of facts
As an offer it can be rejected by a party or by the Court
Stipulations
If accepted, a stipulation is binding on the trier of fact
A stipulation to a fact does not bar further evidence relevant to that fact
Stipulations (cont.)
A party cannot be forced to accept a stipulation if the effect would be to deprive the partys case of its persuasiveness and forcefulness (Cal. case law rule)
A plea of not guilty puts all elements in issue
E.g. defense offers to stipulate to cause of death to avoid autopsy photos and pathologist testimony E.g. defense offers to stipulate to state of mind in rape case to avoid other acts evidence (Evid.Code 1101(b) other bad acts to prove intent, motive, plan, absence of mistake, etc.)
Stipulations (cont.)
Stipulations are usually a tactical matter in the discretion of the trial attorney Some stipulations in criminal cases may touch on confrontation rights and may require a personal waiver by defendant