Legal Question in Civil Litigation in California

In a motion for a new trial, which seems to be mainly governed by California Rules of Court 3.1600 and Code Civil Procedure 659a, the moving party seems to be limited to filing a memorandum in support, but no reply or anything else. Is that right (even though my reply to the adverse party's reply seems to be authorized by CCP 1005(b))?

I have a hearing for my motion for new trial on Monday. I submitted a request for judicial notice with my reply/response to the defendant�s reply to my memorandum. As the tentative decision denies my motion for new trial, I�m assuming the judge didn�t take the notice I requested because I couldn�t file my request or a reply like I did. Is there a way I can verbally make a motion (or submit something) at the hearing for a request for judicial notice? The cases that I want the judge to take notice of clearly state that I my claims are valid and that she has no liberty to decide otherwise.


Asked on 6/05/10, 1:11 pm

3 Answers from Attorneys

You don't clearly state what you want the court to take judicial notice of, but it sounds like it is case law. You cannot ask the court to take judicial notice of law. The court decides the law, including its interpretation of precedent. Judicial notice is a method of getting FACTS into evidence. In a motion for a new trial facts are irrelevant unless you wish to introduce evidence that would change the outcome AND that you could not have presented at trial for some reason. Since judicially noticeable facts must be public records or other facts that are so universally known or unassailable as to be general public knowledge. Therefore nothing that is judicially noticeable could possibly have been unable to be presented at trial.

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Answered on 6/05/10, 4:35 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The case is over, and you lost. This is because you are in pro per and you lacked the legal knowledge and skill to properly present your case. Next time you think have a case, hire an attorney.

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Answered on 6/06/10, 5:22 pm
Anthony Roach Law Office of Anthony A. Roach

Good job representing yourself, and getting into this bind. I hope you saved a lot of money by not speaking a lawyer until after trial was over. Thank you for posting that here, so that others may read it and be warned of the dangers of representing yourself. Keep up the good work, and when you get a chance, do some of your own surgery too. After all, doctors are so expensive.

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Answered on 6/07/10, 3:54 pm


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