Judicial notice lets a judge treat a fact as established without anyone putting on evidence to prove it.
What a Judge Can Notice Without Proof
OCGA 24-2-201(b)(2) allows a court to take judicial notice of a fact that is, in the words the Court of Appeals quoted in Jaycee Atlanta Development, LLC v. Providence Bank, 330 Ga. App. 322 (2014), “[c]apable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”
For example, in Morgan v. U.S. Bank Trust N.A., 334 Ga. App. 5 (2015), the Court of Appeals used that provision to notice that the DeKalb County superior court clerk’s office had been closed two days for inclement weather. That made a pro se answer timely and undid a default judgment.
The Judge’s Own File
In Riddell v. Riddell, 293 Ga. 249 (2013), a husband asked the trial court to consider findings it had made in an earlier modification action between the same parties and before the same judge. The Georgia Supreme Court held the request was “not without substantial justification,” because “a trial court may take judicial cognizance … of records on file in its own court,” and reversed an award of attorney fees entered against his lawyer for making it.
Even so, the Court added that “[t]his does not mean that the trial court was required to take judicial notice of the previous order.”
Say Something If You Disagree
Jaycee explains that under the current Evidence Code a party gets an opportunity to be heard on whether judicial notice is proper only “upon timely request,” and that the request may be made “after judicial notice has been taken.” The judge does not have to warn you first.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!