Indiana personal injury lawyer discusses the underused concept of judicial notice and how it can save money in a case.
The concept of judicial notice is underused and often misunderstood in personal injury cases. The law allows a party to a lawsuit to ask the court to take judicial notice of pertinent facts and law. If the court takes judicial notice of the fact, the party will not have to call a witness to trial, instead the court will instruct the jury that they must consider the relevant information.
Indiana Law on Judicial Notice
The judicial notice rule is set out in Indiana Rule of Evidence 201, which says:
Kinds of Facts: A court may take judicial notice of a fact. A judicially-noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court, or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Kinds of Laws: A court may take judicial notice of law. Law includes (1) the decisional, constitutional, and public statutory law, (2) rules of court, (3) published regulations of governmental agencies, (4) codified ordinances of municipalities, (5) records of a court of this state, and (6) laws of other governmental subdivisions of the United States or of any state, territory or other jurisdiction of the United States.
Uses of Judicial Notice in an Indiana Personal Injury Trial
There are many ways that we can use judicial notice in a personal injury trial and this will decrease the expenses of having to subpoena a witness to court, which saves expenses. Here are few examples:
Day of the week
Phases of the moon
Weather – rain, snow, sleet, etc.
These are just a few of the ways in which we can use Judicial Notice to save money in personal injury cases. If you have any questions about a Northwest Indiana personal injury claim, call one of our personal injury lawyers or fill out the Internet consultation form on the right side of the screen.