What is a motion for judicial notice in an insurance litigation case?

In an insurance litigation case, a motion for judicial notice is a written request asking the court to take official notice, or recognize, certain facts. This motion can be filed either by the plaintiff or defendant to provide the court with factual information without the need for additional testimony. When filing a motion for judicial notice in an insurance litigation case in Georgia, the person filing must use Official Georgia Code Annotated (O.C.G.A.) section 9-11-201.2. This code requires the party filing the motion to provide the opposing party with copies of all documents included in the motion. The party then has the opportunity to dispute or object to the facts contained in the motion. The court will then decide whether or not to take judicial notice of the facts. If the court does take judicial notice, the facts are accepted as true and do not have to be proven in court. It is important to note that judicial notice is limited to facts that are beyond dispute or are classified as “capable of certain verification.” In conclusion, a motion for judicial notice in an insurance litigation case in Georgia is a written request asking the court to accept certain facts as true without the need for additional testimony. The party filing the motion must follow O.C.G.A. section 9-11-201.2 and provide the opposing party with the required documentation. The court will then decide whether or not to take judicial notice of the facts included in the motion.

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