CASES FOR JUDICIAL NOTICE

Jun 18th, 2015
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Alabama State University
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Federal Rules of Evidence Rule 201 states that court may take judicial notice of a fact that is “not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). This court has stated that “as a general matter, websites and their contents may be proper subjects for judicial notice” provided that the party provides the court with a copy of the relevant web page. Caldwell v. Caldwell, No. C05-4166, 2006 WL 618511, at *4 (N.D. Cal. Mar. 13, 2006). Wang v. Pataki, 396 F. Supp. 2d 446, 458 (S.D.N.Y. 2005) (court may take judicial notice of internet material); In re Vertex Pharms., Inc., Sec. Lit., 357 F. Supp. 2d 343, 352 n.4 (D. Mass. 2005); Gentry v. eBay, Inc., 121 Cal. Rptr. 2d 703, 709 (2002) (affirming demurrer in which trial court took judicial notice of defendant’s websit

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CASES FOR JUDICIAL NOTICEJudicial notice for web sitesFederal Rules of Evidence Rule 201 states that court may take judicial notice of a fact that is not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b). This court has stated that as a general matter, websites and their contents may be proper subjects for judicial notice provided that the party provides the court with a copy of the relevant web page. Caldwell v. Caldwell, No. C05-4166, 2006 WL 618511, at *4 (N.D. Cal. Mar. 13, 2006). Wang v. Pataki, 396 F. Supp. 2d 446, 458 (S.D.N.Y. 2005) (court may take judicial notice of internet material); In re Vertex Pharms., Inc., Sec. Lit., 357 F. Supp. 2d 343, 352 n.4 (D. Mass. 2005); Gentry v. eBay, Inc., 121 Cal. Rptr. 2d 703, 709 (2002) (affirming demurrer in which trial court took judicial notice of defendants website) Hendrickson v. eBay, Inc., 165 F. Supp. 2d 1082, 1084 (C.D. Cal. 2001) (taking judicial notice of eBays website to determine the nature of its business) Coremetrics, Inc. v. Atomic Park.com, LLC, 370 F. Supp. 2d 1013, 1021 (N.D. Ca 2005) ([A]s is evident from AtomicParks website (of which the Court takes judicial notice, see Fed. R. Evid. 201), consumers may contact AtomicPark for information and real-time

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