Legal Question in Real Estate Law in California

What is the proper way to introduce a recorded deed as evidence at breach of contract trial, by requesting judicial notice? or by introducing it as direct evidence? What is the difference?


Asked on 1/25/17, 5:16 am

1 Answer from Attorneys

Either way works, but the preferred way would most likely depend on what it is being offered to establish, and whether you have the original or only a certified copy. The court can only take judicial notice of the public record. That requires a certified copy. If you want to establish the existence of the deed or that it was made and delivered, either option would probably work if you have the original or a stipulated genuine copy, or a certified copy from the county recorder. You might prefer to offer it as direct evidence if you will already have the authenticating witness on the stand and offering it fits the flow of your narrative in the direct examination.

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Answered on 1/25/17, 9:20 am


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