Posts Tagged ‘judicial notice’

Taking Judicial Notice of Blogs

Friday, November 9th, 2012

Daylight exterior

This is the Stanley Mosk Courthouse in Los Angeles. Under the Ragland case, my picture of it here does not permit it to take judicial notice of itself. (Photo: EEJ)

A new California case concerns whether a court can take judicial notice of a blog.

When a court takes “judicial notice” of something, it gives a party a pass on proving something with testimony. So, for instance, you can get a court to take judicial notice of the fact that November 6, 2012 was a Tuesday. You won’t have to produce a witness to testify as to that.

So, how about taking judicial notice of blogs?

This won’t come as a shocker. A court can take judicial notice of the existence of a blog, but not the truth of factual assertions made on the blog. (Can you imagine if it were otherwise!?)

Here’s what the court said in Ragland v. U.S. Bank National Association, 209 Cal.App.4th 182 (Cal. App. 2012):

As evidentiary support for the request for judicial notice, Ragland offers 12 exhibits, [including] printed pages from various Web sites and blogs (exhibits 2–6 and 8–12)[.] Ragland’s request for judicial notice requires us … to take judicial notice of, and accept as true, the contents of those exhibits. While we may take judicial notice of the existence of … Web sites, and blogs, we may not accept their contents as true.

Id. at 193.

Presumably, the court can also take judicial notice not only of the existence of the blog, but also the fact that certain statements exist on the blog. That makes sense, since the judge and all parties can independently access a blog just by using the internet.

But blogs can and do change. There’s clearly a separate question as to what is required as proof that a blog said a certain thing on a certain date. That presumably requires testimony in the form of an affidavit or declaration – though that’s not hard to do.