Judicial Notice in NJ - Help Fighting Foreclosure

Judicial Notice in NJ is one way to help you in fighting your foreclosure.  But first you need to understand what Judicial Notice means.

As a side note, a couple members were in court yesterday with another member who had filed Judicial Notice with the Court.  This member was asked directly by the judge to explain what Judicial Notice means.  This explanation is what he could have used to explain why he had submitted a Judicial Notice in his foreclosure case.

The common law doctrine of judicial notice is codified in N.J.R.E. 201.  Subsection (b)(3) describes the rationale of the rule.

The purpose of judicial notice is to save time and promote judicial economy by precluding the necessity  of proving facts that cannot seriously  be disputed and are either generally or  universally known. Judicial notice cannot be used "to circumvent the rule against hearsay and thereby deprive a party of the right of cross-examination  on a contested material issue of fact." Because  judicial notice may not be used to deprive a party of crossexamination regarding a contested fact, the doctrine also cannot be used to take notice of the ultimate legal issue in dispute. [State v. Silva, 394 N.J. Super. 270, 275 (App. Div. 2007) (quoting RWB Newton Assocs. v. Gunn, 224 N.J. Super. 704, 711 (App. Div. 1988)).]



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