Question 1

How does a party request judicial notice in a Florida court?

Accepted Answer

Procedure: (1) The party files a request for judicial notice (written motion or oral request during trial). (2) The request must identify the specific fact or document to be noticed. (3) The party must supply the court with sufficient information to support the request (copies of the document, citation to the statute or regulation, or identification of the well-known fact). (4) The opposing party has the right to be heard on the propriety of taking judicial notice and on the tenor of the matter noticed (Section 90.204). (5) The court rules on the request. If granted, the noticed fact is accepted as established and does not require further proof. The court may also take judicial notice on its own initiative.

Question 2

Can judicial notice be challenged in a Florida court?

Accepted Answer

Yes. The opposing party can challenge judicial notice by arguing: the fact is not the type of fact subject to judicial notice (it is disputed, not generally known, or not capable of accurate determination from reliable sources), the document is not authentic or reliable, the noticed fact does not accurately represent the matter, or the noticed fact is prejudicial and its probative value is outweighed by the danger of unfair prejudice. In a jury trial, the court instructs the jury that it may (but is not required to) accept the noticed fact as established. In a bench trial, the noticed fact is conclusive. The distinction matters: in jury trials, judicial notice creates a permissive presumption; in bench trials, it is binding.

Question 3

What is the effect of judicial notice in a Florida bench trial vs. jury trial?

Accepted Answer

The effect differs significantly: in a bench trial (no jury), judicially noticed facts are conclusive; the judge must accept them as established and cannot disregard them. In a jury trial, judicially noticed facts are not conclusive; the jury may accept or reject the noticed fact (it creates a permissive presumption, not a mandatory one). This distinction comes from Section 90.206 and reflects the concern that a jury’s fact-finding role should not be completely preempted by judicial notice. In practice, most real estate cases in Florida are tried to the bench (no jury), making judicial notice particularly powerful.

Judicial Notice Court Accepted Facts

Court-Accepted Facts Through Judicial Notice in Florida

Request Procedure

Challenging Judicial Notice

Bench Trial vs. Jury Trial

Related Terms

Barnes Walker Trial Practice

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