Question 1

What court-recognized facts are commonly noticed in Florida cases?

Accepted Answer

Florida courts commonly take judicial notice of: recorded real property documents (deeds, mortgages, lis pendens from the official records), court records from other proceedings (prior judgments, orders, pleadings in related cases), federal and state statutes and regulations, local government ordinances (zoning codes, building codes, comprehensive plans), property appraiser records (assessed values, ownership history, exemption status), FEMA flood maps and flood zone designations, historical weather data (for insurance and construction defect cases), and U.S. Census data. These facts are either generally known within the court’s jurisdiction or capable of accurate determination from reliable sources.

Question 2

Can a Florida court take judicial notice of internet sources?

Accepted Answer

Florida courts are cautious about internet sources: government websites (IRS, FEMA, Florida statutes, county property appraiser) are generally accepted as reliable sources for judicial notice. Private websites (Wikipedia, news sites, social media) are typically not accepted as reliable sources. Courts may take judicial notice of the existence of a website or its content at a specific time (for purposes of showing what information was publicly available) but not of the truth of the content. Electronic court records and official government databases accessed online are treated the same as physical records for judicial notice purposes.

Question 3

How does judicial notice interact with the hearsay rule in Florida?

Accepted Answer

Judicial notice provides an exception to the hearsay rule: normally, out-of-court statements offered for the truth of the matter asserted are inadmissible hearsay. However, judicially noticed facts are accepted without formal evidence, bypassing the hearsay rule. This is particularly useful in real estate cases where recorded documents (deeds, mortgages) would otherwise need to be authenticated through witness testimony. Public records (Section 90.803(8)) also have their own hearsay exception, so there is overlap between judicial notice and the public records hearsay exception. Strategic litigators use both mechanisms together to streamline proof of recorded documents and governmental records.

Judicial Notice Court Recognized Facts

Court-Recognized Facts in Florida Judicial Notice

Commonly Noticed Facts

Internet Sources

Hearsay Interaction

Related Terms

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