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Judicial Notice: Four Must-Know Rules

Evidence at Trial

Most litigators are generally familiar with the concept of judicial notice. In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. Must-Know Rule #3: Beware of Trojan Horse Hearsay Similar to relevance, judicial notice is not an exception to the hearsay rule.

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Livin' On The Edge: Steven Tyler and Party Admissions

Evidence at Trial

A common exception to the hearsay rule in California (and considered "not hearsay" in federal court) is the party admission. For example, a party is conclusively bound by allegations made in its pleadings (in the current litigation). So is the evidence inadmissible? See e.g. , Fuentes v. Tucker , 31 Cal. 2d 1, 5 (1947).