What is a motion for judicial notice in an insurance litigation case?
A motion for judicial notice in an insurance litigation case is a legal document filed in court by a party in the case. This motion asks the court to take as true the facts that are presented in the motion. It is a way for a party to provide evidence to the court without having the opposing party dispute it. In Texas, a motion for judicial notice in an insurance litigation case must be filed no later than fifteen days before the hearing. It must include a statement of the matters about which judicial notice is requested and include the documents that the moving party wishes the court to consider. The motion must also include the analysis and legal reasoning that supports the motion. Judicial notice allows the court to draw conclusions from facts that the parties do not dispute. Once the motion is filed, the opposing party has the option of objecting to the motion or filing a response. If there are no objections, the court can take judicial notice of the matters in the motion and rely on them when making a decision in the case. It is important to understand that judicial notice should only be requested for matters that are not reasonably subject to dispute. The purpose of this motion is to narrow down the disputed facts in a case and allow the court to make a more accurate and timely decision.
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