Determining Propriety of Taking Judicial Notice - Tulsa Trial Attorneys

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Determining Propriety of Taking Judicial Notice

In determining the propriety of taking judicial notice of a matter:

1. The court may consult and use any source of pertinent information, whether or not furnished by a party; and 

2. No exclusionary rule except a valid claim of privilege shall apply.

A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

Judicial notice may be taken at any stage of the proceeding. 12 O.S. 2203

General Provisions

Judicial Notice

Presumptions

Relevance

Privilege

Witnesses

  • General Rule of Competency

  • Lack of Personal Knowledge

  • Oath or Affirmation

  • Interpreters

  • Competency of Judge as Witness

  • Competency of Juror as Witness

  • Who May Impeach

  • Evidence of Character and Conduct of Witness

  • Impeachment by Evidence of Conviction of Crime

  • Religious Beliefs or Opinions

  • Mode and Order of Interrogation and Presentation

  • Repealed

  • Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

  • Short Title

  • Definitions

  • Applicability in Criminal and Noncriminal Proceedings

  • Hearing - When Ordered, How Conducted, Rules of Evidence

  • When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

  • Factors Affecting Selection of Alternate Method of Testifying

  • Orders

  • Opportunity for Cross Examination

  • Construction of Act

  • Use of a Certified Therapeutic Dog

  • Writing Used to Refresh Memory

  • Prior Statements of Witnesses

  • Calling and Interrogation of Witnesses by Court

  • Exclusion of Witnesses

Expert and Opinion Testimony

  • Opinion Testimony by Lay Witnesses

  • Testimony by Experts

  • Bases of Opinion Testimony by Experts

  • Opinion on Ultimate Issue

  • Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

  • Definitions

  • Hearsay Rule

  • Hearsay Exceptions - Availability of Declarant Immaterial

  • Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

  • Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

  • Hearsay Exception - Declarant Unavailable

  • Hearsay Exception - Exceptional Circumstances

  • Hearsay Within Hearsay

  • Attacking and Supporting Credibility of Declarant

Authentication and Identification

  • Requirement of Authentication or Identification

  • Self-Authentication

  • Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

  • Definitions

  • Requirement of Original

  • Admissibility of Duplicates

  • Admissibility of Other Evidence of Contents

  • Public Records

  • Summaries

  • Testimony or Written Admission of Party

  • Functions of Judge and Jury

  • Medical Bills - Identification

  • Admissibility of Medical Expenses

  • Repealed

  • Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Determining Propriety of Taking Judicial Notice Litigation Expertise

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