Request for Judicial Notice
(CA)

This template is a request that the court take judicial notice of a matter authorized by Cal. Evid. Code § 452. See Cal. Evid. Code § 453. This template includes practical guidance, drafting notes, and optional paragraphs. This template may be used in support of or opposition to a demurrer or motion. See Cal. Rules of Ct., Rule 3.1113(l). Alternatively, it may be adapted for use in other procedural contexts (e.g., to request judicial notice of a matter prior to trial, where no previous request has been made by motion or through the pleadings). Generally, the court is required to take judicial notice of certain matters (e.g., federal and California state laws), even without request by the parties. See Cal. Evid. Code § 451. The court may take judicial notice of other specified matters (e.g., the laws of other states and foreign nations). See Cal. Evid. Code § 452. The court must take judicial notice of matters specified in Cal. Evid. Code § 452 if a party requests that the court do so and provides sufficient information to enable the court to do so. Cal. Evid. Code § 453(b). When judicial notice is requested in a law and motion proceeding, the request must be made in a separate document listing the specific items for which notice is requested. See Cal. Rules of Ct., Rule 3.1113(l). The party requesting judicial notice must also provide the court and each party with a copy of the material for which judicial notice is requested. Cal. Rules of Ct., Rules 3.1113(l), 3.1306(c). For example, if judicial notice is requested to be taken of the existence or contents of a writing other than a court record or document filed in a court, the document should be clearly identified in the request. If the court is requested to take judicial notice of only a part of the writing, specify the particular part, and the page and line number, if any, where the material appears in the writing. Attach a copy of the writing, authenticated as appropriate, to the request. If the material is part of a file in the court in which the matter is being heard, the party must: • Specify in writing the part of the court file sought to be judicially noticed – and – • Either make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court. Cal. Rules of Ct., Rule 3.1306(c). If judicial notice is to be taken of the records or of papers filed in another court, clearly identify them by name of court, title of case, case number, and date filed; if the court is to take judicial notice of only a part of a record or document, specify the particular part, and the page and line number, if any, where it appears. Attach a certified copy of the record to the motion. In addition to providing the court with a copy of the material to be judicially noticed, it may sometimes be necessary to provide additional information (i.e., legal authority and/or facts) demonstrating that the matter is properly subject to judicial notice under Cal. Evid. Code § 452. When judicial notice is requested in connection with a motion, appropriate legal argument and authority should be included in the accompanying memorandum and any necessary facts should be set forth in appropriate declarations or other documentary evidence. For additional discussion of motion practice, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). A party requesting judicial notice must give each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request. Cal. Evid. Code § 453(a). When the request is made in connection with a motion, this may be accomplished by serving a copy of the request along with the other motion papers. See Cal. Code Civ. Proc. § 1010. If the request is not related to a law and motion proceeding, a copy of the request should be separately filed and served on the adverse party. For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For more information on judicial notice, see 27 California Forms of Pleading and Practice—Annotated, Ch. 321, Judicial Notice.