What is a motion for judicial notice in an insurance litigation case?
In an insurance litigation case in Washington, a motion for judicial notice is an informational request made by a party to the litigation to the judge. It is made prior to the trial and asks the judge to accept certain facts as true without requiring them to be proven in court. These facts might concern the law applicable to the case, such as state statutes or court rulings, or factual matters like newspaper articles or the time of day a certain event occurred. A motion for judicial notice is usually used to save time. If the judge agrees with the motion, the facts it mentions are considered accepted without having to be proven in court. This means that time can be saved, as the parties to the case do not have to prove those facts and the court’s time is not taken up with evidence. For a motion for judicial notice to be approved, all parties in the case must agree with the facts stated. If there is disagreement, the judge may still consider the motion but may require evidence to be presented in court. A motion for judicial notice is also prohibited if it is prejudicial to a party in the case.
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