Sentences with phrase «judicial notice statute»

In this conflict, the judicial notice statute should take precedence, and courts should allow unpublished opinions to be cited as persuasive authority.

While there appears to be no appellate case law discussing the conflict between the no - citation rule and the judicial notice statute, it has received some attention.

Inconsistency between the no - citation rule and the judicial notice statute is fatal to the former.»

Prohibiting the citation to unpublished opinions as persuasive authority under the no - citation rule is contrary to the conflicting judicial notice statute.

Although it is commonly believed that the no - citation rule in Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.»

Not exact matches

[Those familiar with the Meads case will recognize that judicial notice of statutes continues to pay practical dividends when «detaxers» question the existence of legislation.]

A recently published law review article concludes that «[i] n this battle between the no - citation rule and judicial notice [under Evidence Code 452 (d)(1)-RSB-, the statute overrides the rule.

Applying California Constitution Article VI, § 6 (d), the article concludes that «[i] n this battle between the no - citation rule and judicial notice, the statute overrides the rule.

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

There's a little statute of limitations, a little statutory exclusivity, some judicial notice, and of course a bit of preemption.