What is a motion for judicial notice in an insurance litigation case?
A motion for judicial notice is a legal document that a party in an insurance litigation case can file to ask the court to accept certain facts as true without having to present evidence to prove it. This is often used when the facts are so well-known and not in dispute that it would be a waste of time and resources to have a trial. Judicial notice can be requested in a number of ways, including through the use of a motion for judicial notice. When a motion for judicial notice is used, the party requesting it must provide the court with a declaration that states the facts that they want the court to take notice of. The opposing party then has the opportunity to challenge the facts, or object to the court taking notice of them. In California, motions for judicial notice are governed by Code of Civil Procedure (CCP) section 437c(a). This section outlines the requirements for alleging certain facts that the court may judicially notice. It also sets out the procedure of what must be done in order to successfully move for judicial notice. In summary, a motion for judicial notice in an insurance litigation case is a way to ask the court to accept certain facts as true without having to go through a trial. In California, Code of Civil Procedure section 437c(a) sets out the requirements for alleging facts and the procedure for moving for judicial notice.
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