Question 1

What is judicial notice in Florida?

Accepted Answer

Judicial notice is the process by which a court accepts certain facts as true without requiring formal proof. Under Section 90.202, Florida Statutes (the Florida Evidence Code), a court must take judicial notice of: the laws of the United States, Florida, and other states; official actions of the legislative, executive, and judicial branches; and well-established facts that are generally known within the court’s jurisdiction or capable of accurate determination by resort to sources whose accuracy cannot reasonably be questioned. Judicial notice eliminates the need for time-consuming proof of facts that are indisputable, such as: the day of the week a specific date fell on, geographic facts, and governmental records.

Question 2

What is the difference between mandatory and permissive judicial notice in Florida?

Accepted Answer

Section 90.202 lists facts a court must take judicial notice of (mandatory): laws, official governmental actions, and facts generally known. Section 90.202 also allows permissive judicial notice of: records of any court of this state or federal courts, published scientific or statistical data, and other facts not subject to reasonable dispute. The distinction matters procedurally: for mandatory judicial notice, the court must take notice when requested by a party (no discretion). For permissive judicial notice, the court has discretion whether to take notice. A party requesting permissive judicial notice should provide the court with supporting documentation.

Question 3

How does judicial notice affect Florida real estate litigation?

Accepted Answer

In real estate litigation, judicial notice is commonly used for: recorded documents (deeds, mortgages, and liens recorded in the official records are public records of which the court may take judicial notice), property appraiser records (assessed values, ownership history, and exemption status), building code and zoning regulations (local ordinances and regulations), court records from prior related proceedings (prior judgments, lis pendens), and geographic facts (property location, flood zone designations, proximity to shorelines). Taking judicial notice of these facts streamlines the case by eliminating the need for witnesses to authenticate publicly available documents.

Judicial Notice Court Accepted Fact Recognition

Judicial Notice and Court-Accepted Facts in Florida

Types

Common Examples

Real Estate Applications

Related Terms

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