Section § 450

Explanation

This law says that judges can only acknowledge certain facts as true without evidence if the law specifically allows or requires it. Otherwise, facts need to be proven in the usual way during a case.

Judicial notice may not be taken of any matter unless authorized or required by law.

Section § 451

Explanation

Courts in California are required to automatically recognize certain types of information as true, without needing evidence to prove them. This includes the laws and important government documents of California and the U.S., professional rules for lawyers, and rules governing the functioning of courts. It also covers basic English language meanings, widely known facts, and specific legal terms.

Judicial notice shall be taken of the following:
(a)CA Evidence Code § 451(a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.
(b)CA Evidence Code § 451(b) Any matter made a subject of judicial notice by Section 11343.6, 11344.6, or 18576 of the Government Code or by Section 1507 of Title 44 of the United States Code.
(c)CA Evidence Code § 451(c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions Code and rules of practice and procedure for the courts of this state adopted by the Judicial Council.
(d)CA Evidence Code § 451(d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy.
(e)CA Evidence Code § 451(e) The true signification of all English words and phrases and of all legal expressions.
(f)CA Evidence Code § 451(f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute.

Section § 452

Explanation

Under this law, courts can take judicial notice, which means they can accept certain facts as true without requiring evidence, in various specific situations. These include laws from any U.S. state, and official actions by U.S. or state government bodies. They can also recognize regulations and other legal enactments made by legitimate public entities. Courts can accept official court records, rules, and acts from the U.S. and other states. Additionally, they can acknowledge laws from international organizations and foreign countries. Commonly known facts or indisputable, easily verifiable facts can also be noticed judicially.

Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451:
(a)CA Evidence Code § 452(a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state.
(b)CA Evidence Code § 452(b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.
(c)CA Evidence Code § 452(c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.
(d)CA Evidence Code § 452(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
(e)CA Evidence Code § 452(e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
(f)CA Evidence Code § 452(f) The law of an organization of nations and of foreign nations and public entities in foreign nations.
(g)CA Evidence Code § 452(g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute.
(h)CA Evidence Code § 452(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.

Section § 452.5

Explanation

This law outlines that official court records regarding criminal convictions can be computer-generated and are valid if certified by a court clerk. An officially certified conviction record, or its electronic copy, can be used as evidence in court to prove past crimes or related events. If the record is digitized, it must be an exact copy with a unique electronic signature or watermark, ensuring its authenticity. Records transmitted by court clerks, showing official court seals or signatures, meet this requirement.

(a)CA Evidence Code § 452.5(a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court pursuant to Section 69844.5 of the Government Code at the time of computer entry.
(b)Copy CA Evidence Code § 452.5(b)
(1)Copy CA Evidence Code § 452.5(b)(1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record.
(2)CA Evidence Code § 452.5(b)(2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and meets either of the following requirements:
(A)CA Evidence Code § 452.5(b)(2)(A) The copy bears an electronic signature or watermark unique to the entity responsible for certifying the document.
(B)CA Evidence Code § 452.5(b)(2)(B) The copied document is an official record of conviction, certified in accordance with subdivision (a) of Section 1530, that is transmitted by the clerk of the superior court in a manner showing that the copy was prepared and transmitted by that clerk of the superior court. A seal, signature, or other indicia of the court shall constitute adequate showing.

Section § 453

Explanation

In court, if someone asks for the judge to take official notice of certain facts (as outlined in another section), they must tell the other side in advance. This gives the other side a chance to respond. Additionally, the person making the request needs to provide enough details to the judge to support their request.

The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and:
(a)CA Evidence Code § 453(a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and
(b)CA Evidence Code § 453(b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.

Section § 454

Explanation

When a court considers whether to officially recognize a fact as true without evidence (known as judicial notice), it can use any relevant source of information, even advice from experts, regardless of who provides it.

Normal rules that exclude certain evidence don't apply here, though rules about evidence being more prejudicial than probative and privilege rules still do. If the court is determining foreign or international laws and gets expert advice outside of court, that advice must be provided in writing.

(a)CA Evidence Code § 454(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof:
(1)CA Evidence Code § 454(a)(1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party.
(2)CA Evidence Code § 454(a)(2) Exclusionary rules of evidence do not apply except for Section 352 and the rules of privilege.
(b)CA Evidence Code § 454(b) Where the subject of judicial notice is the law of an organization of nations, a foreign nation, or a public entity in a foreign nation and the court resorts to the advice of persons learned in the subject matter, such advice, if not received in open court, shall be in writing.

Section § 455

Explanation

This section ensures fairness when a court decides to take judicial notice of certain facts without proof, which can impact a case significantly. If the court is asked to or plans to acknowledge these facts officially, both parties must be given an opportunity to argue whether it's appropriate and what those facts mean before the jury is instructed or a decision is made.

Additionally, if the court uses information not presented in court, such as expert advice, it must disclose this information and its source to both parties. This allows them to address it before the court accepts it as a fact, ensuring transparency and fairness in the judicial process.

With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action:
(a)CA Evidence Code § 455(a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the court shall afford each party reasonable opportunity, before the jury is instructed or before the cause is submitted for decision by the court, to present to the court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed.
(b)CA Evidence Code § 455(b) If the trial court resorts to any source of information not received in open court, including the advice of persons learned in the subject matter, such information and its source shall be made a part of the record in the action and the court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken.

Section § 456

Explanation

If a court decides not to recognize a matter as indisputable fact without evidence, it must promptly inform the involved parties and record this decision.

If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate for the record that it has denied the request.

Section § 457

Explanation

This law section states that if the court officially recognizes a fact that a jury would typically decide on, the judge must inform the jury to accept it as true if requested.

If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct the jury to accept as a fact the matter so noticed.

Section § 458

Explanation

This law states that if a trial court doesn't initially recognize or inform the jury about a particular fact without evidence, known as 'judicial notice', it can still decide to acknowledge that fact in later proceedings of the same case using the appropriate procedure.

The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure specified in this division.

Section § 459

Explanation

This section explains how a higher court, known as the reviewing court, can take judicial notice of certain facts and legal materials during an appeal. First, it must recognize anything the trial court officially noticed or was required to acknowledge. It can also notice new matters if specified in other sections of the law. If it considers something important for the case that wasn't noticed before, the reviewing court must follow specific procedures and let parties respond to new information.

(a)CA Evidence Code § 459(a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452. The reviewing court may take judicial notice of a matter in a tenor different from that noticed by the trial court.
(b)CA Evidence Code § 459(b) In determining the propriety of taking judicial notice of a matter, or the tenor thereof, the reviewing court has the same power as the trial court under Section 454.
(c)CA Evidence Code § 459(c) When taking judicial notice under this section of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, the reviewing court shall comply with the provisions of subdivision (a) of Section 455 if the matter was not theretofore judicially noticed in the action.
(d)CA Evidence Code § 459(d) In determining the propriety of taking judicial notice of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, or the tenor thereof, if the reviewing court resorts to any source of information not received in open court or not included in the record of the action, including the advice of persons learned in the subject matter, the reviewing court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken.

Section § 460

Explanation

This law allows a court to bring in experts who understand a specific subject if their advice is needed for the court to recognize certain facts officially (a process known as judicial notice). If the court decides an expert is necessary, these experts are chosen and paid according to specific guidelines mentioned in another part of the law (beginning with Section 730).

Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own motion or on motion of any party may appoint one or more such persons to provide such advice. If the court determines to appoint such a person, he shall be appointed and compensated in the manner provided in Article 2 (commencing with Section 730) of Chapter 3 of Division 6.