Florida/Georgia Personal Injury & Workers Compensation

...icularly since both parties stipulated to the introduction of this material and reasonably relied upon the Lightbourne materials being in the record based on the court's initial representations indicating that it would take notice of that testimony. Section 90.202, Florida Statutes (2006), provides in relevant part: A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201 [setting forth those items that "must" be judicially noticed]: . . . . (6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States. See § 90.202(6), Fla....

...Moreover, the hearsay statement was not subjected to cross-examination, and it falls under no recognized exception to the hearsay rule. The only asserted basis for the admission of the hearsay statement was judicial notice. Although a trial court may take judicial notice of court records, see § 90.202(6), Fla....

...d a motion requesting this court to take judicial notice of the excluded Staff Summary and Analysis. Matters which must be judicially noticed are set forth in section 90.201 of the Evidence Code, and matters which may be judicially noticed appear in section 90.202. Section 90.203, Florida Statutes (1985), provides that a court shall take judicial notice of any matter in section 90.202 — when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to meet the request....

...Ehrhardt, Florida Evidence § 803.8 (2001 ed.). Furthermore, and contrary to petitioner's argument, the hearsay cannot be considered merely because it is part of the court file. Although a trial court may take judicial notice of court records, see § 90.202(6), Fla....

...fication. The final judgment had explicitly provided that the parties at any future hearing were entitled to utilize relevant evidence dating from the conception of the child. The trial court properly took judicial notice of the written report under section 90.202(6), Florida Statutes....

...ch was before the local Pinellas County PERC where HCGEA's registration was revoked because of its failure to disclose its affiliation status. Pinellas County requests the Court take judicial notice of the county PERC record and decision pursuant to Section 90.202, Florida Statutes....

...atters but merely to limit the impact of the "no evidence" statement in the final order on appeal to the record in this case and to reflect that there were differences in the evidence considered by the two agencies. Pinellas County argues, citing to Section 90.202(6), that judicial notice is appropriate because the Pinellas County PERC order is currently on appeal to the Second District *134 Court of Appeal and the matters in the appendix are portions of the record before that court. Lastly, Pinellas County asserts that the disputed portion of the appendix is properly included in the appendix as "other authority". Because Section 90.203 states that a court shall take judicial notice of any matter in Section 90.202 when properly requested, we must determine whether Section 90.203 applies to appellate proceedings....

...F & H of Jacksonville, Inc., 258 So.2d 316 (Fla. 1st DCA 1972). We therefore hold that The Florida Evidence Code does not apply to appellate proceedings, [1] and we are not bound by Section 90.203 to take judicial notice of those matters listed in Section 90.202....

...The marked twenty-dollar bill was found on the dumpster. [2] I. JUDICIAL NOTICE OF THE SCHOOL Mr. McKinney first argues the trial court erred in taking judicial notice that Lakeland Christian School is a school for purposes of section 893.13(1)(c), Florida Statutes (1991). Section 90.202(11) permits a court to take judicial notice of "facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court." Section 90.202(12) permits notice of "facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." We conclude these provisions authorize the trial court to take judicial notice of the legal status of Lakeland Christian School....

...No such question has been raised at any subsequent time. Indeed, this court has published at least one opinion in which Lakeland Christian School was the school relied upon for purposes of this statute. Stamps v. State, 620 So.2d 1033 (Fla. 2d DCA 1993). We recognize that a judge cannot use sections 90.202(11) and (12) to take notice of matters known to the judge, as compared to matters known in the community....

...within the court file. In Florida, a court may take judicial notice of various matters including "[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States." § 90.202(6), Fla....

...f substantive proof of an expert opinion, see section 90.706 [7] (restricting the use of such literature to the cross-examination of an expert witness); nevertheless, *781 Florida does permit judicial notice of opinions from other jurisdictions. See section 90.202(2), authorizing judicial notice of the "[d]ecisional ......

...analities." Hardy v. Johns-Manville Sales Corp., 681 F.2d 334, 347-48 (5th Cir.1982). When the concept of judicial notice was legislatively adopted in the Florida Evidence Code, Chapter 90, Florida Statutes, this historic caution was codified. Thus, section 90.202, Florida Statutes (1995), permits a court to take judicial notice of only a limited number of matters. [4] Only subsection 90.202(11), dealing with generally known *542 facts, and subsection 90.202(12), dealing with indisputable facts, could arguably provide a basis for the judicial notice in the instant case. We first consider judicial notice under subsection 90.202(12)....

...To fulfill the requirements of this provision, the facts sought to be noticed must not be subject to dispute "because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Obviously, to fit within subsection 90.202(12), accurate records or other sources must exist which establish the judicially-noticed fact....

...Here, no records or sources were before the trial court which established the "fact" of which the trial court took judicial notice. Further, on appeal, we have not been directed to any indisputable source which establishes the judicially-noticed fact in this case. Thus, judicial notice was not appropriate under section 90.202(12). Turning to subsection 90.202(11), to fulfill the requirements of this provision the noticed facts must not be subject to dispute "because they are generally known within the territorial jurisdiction of the court." This subsection is recognized to be a codification...

...lve `common notoriety' or are `commonly known'." Ehrhardt, Florida Evidence § 202.11, at 51 (footnotes omitted). See, Makos, 64 So.2d at 673. The judicially-noticed matter in the instant case is an inappropriate subject for judicial notice under subsection 90.202(11), because it is not a "fact" that is "generally known" within the meaning of the statute....

...[3] Regarding conduct in front of the child by the former wife and her lesbian partner, the court-appointed psychologist testified below that their behavior together was not "inappropriate" and that the psychologist had not seen evidence that the former wife's conduct had negatively impacted the child. [4] Section 90.202, Florida Statutes (1995), provides as follows: 90.202 Matters which may be judicially noticed.—A court may take judicial notice of the following matters, to the extent that they are not embraced within s....

...Appellant's first point, that the court erred in taking judicial notice of the prior adjudicatory case files because appellant was not represented by counsel at the time, involves two separate issues. A. Initially, while we recognize that the court may take judicial notice of its own files, section 90.202(6), Florida Statutes (1983), such notice was wholly unnecessary in this case because the petitions for permanent commitment should have been filed as supplemental pleadings in the original dependency actions that remained pending, rather than in two new actions....

...itional ground. [3] The assistant attorney general who appeared at oral argument on behalf of HRS indicated that the fourth judicial circuit is the only circuit in which dependency proceedings are divided into two separate cases. [4] HRS argues that section 90.202(12), Florida Evidence Code, authorizes the trial court to take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be quest...

...pter 39. Father of child duly executed a surrender, consent and waiver of notice form. Mother of child contests the petition through her court-appointed attorney. The Court has taken judicial notice of Case No. 76-26-CJA, Clay County, Florida, under Section 90.202(6), F.S....

...His testimony, based on his observations from the DOC website, fell short of the preponderance standard. Ms. Green argues that she met her burden because the trial court took judicial notice that the DOC could not provide appropriate treatment. We disagree. Only section 90.202(11), Florida Statutes (2001-03), dealing with "generally known" facts, and section 90.202(12), dealing *1287 with facts that are "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," could arguably provide a basis for judicial notice in this case. The DOC's ability to treat Ms. Green is an inappropriate subject for judicial notice under section 90.202(11), because it is not a fact that is "generally known" within the meaning of the statute. "[T]o fit within subsection 90.202(12), accurate records or other sources must exist which establish the judicially-noticed fact." Maradie v....

...We know only that the judge had an off-the-record discussion with someone he referred to as a DOC representative who was sitting in the courtroom — insufficient information to ascertain whether the trial court had an indisputable source. Thus, judicial notice was not appropriate under section 90.202(12)....

...edge that science can be a rickety platform on which to erect an edifice of rights." Id. at 65. The parties have not established that the materials in this record are the type of information that a trial court may accept through judicial notice. See § 90.202(11), (12), Fla....

...Vonella, 88 So.2d 282 (1956); C.T. Drechsler, Annotation, Uniform Judicial Notice of Foreign Law Act, 23 A.L.R.2d 1437, 1439 (1952) (determination of foreign law is a question of law under Uniform Act, changing common law which considered it an issue of fact). Under section 90.202(4), Florida Statutes (1991), a court may take judicial notice of foreign law. The Law Revision Council Note to that section states that a Florida court complies with section 90.202 by taking judicial notice in a manner similar to that made under the federal rules....

...arate support, maintenance, or alimony provided for in the agreement or order. § 61.14(1), Fla. Stat. (1981). [3] Although we do not encourage attorneys to present inadequate proof on this point, judicial notice of such increase may be proper under section 90.202, Florida Statutes (1981): 90.202. Matters which may be judicially noticed. * * * * * * (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(12), Fla....

...o the case revealed that Lauderdale Manor was an elementary school for purposes of section 893.13(1)(e). Accordingly, the court reversed the dismissal of the charge and remanded for further proceedings. See id. at 234. The "judicial notice" statute, section 90.202, Florida Statutes, provides in pertinent part: A court may take judicial notice of the following matters to the extent that they are not embraced within § 90.201: ....

...ioned. In McKinney v. State, 640 So.2d 1183 (Fla. 2d DCA 1994), the court approved the trial court's judicial notice that Lakeland Christian School is a school for purposes of section 893.13(1)(c), Florida Statutes, finding such notice authorized by section 90.202(11) and (12)....

...rted from the essential requirements of law. Cf., Odham v. Petersen, 398 So.2d 875 (Fla. 5th DCA 1981). [2] No contention is made here that the trial court was requested, and refused, to take judicial notice of other ordinance provisions pursuant to Section 90.202, Florida Evidence Code, Florida Statutes (1983)....

...was caused by the fatal shooting of a motorcycle rider, Clement Anthony Lloyd by officer William Lozano, that also resulted in the death of Allan Blanchard, a passenger on the motorcycle. This court takes judicial notice of the foregoing pursuant to Section 90.202(12), Florida Evidence Code, (1990), since they are facts not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned....

...On appeal Young first contends that insufficient evidence was adduced at the revocation hearing to establish (1) that he was on probation or (2) that the substance involved was cocaine. This contention *721 clearly lacks merit. The trial court was entitled to judicially note Young's probationary status. See § 90.202, Fla....

...sly taking judicial notice of "the fact that I have rented hundreds of cars ... but I have never had a defective car with shocks and things like that." This fact is neither one "generally known within the territorial jurisdiction of the courts," see § 90.202(11), Fla. Stat. (1979), nor one "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," see § 90.202(12), Fla....

...The notebook includes a "Motion for the Court to Take Judicial Notice" that the Bar submitted to the referee. The motion states that "[d]uring the case management conference conducted on April 2, 2008, the respondent stipulated that the documents obtained from the bankruptcy court file are true and correct copies." Further, section 90.202(6), Florida Statutes (2009), provides that a court may take judicial notice of the "[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States."...

...Lester's conduct violated what is alleged in the state's brief to be a provision of a municipal ordinance of the City of Fort Walton Beach prohibiting the possession of an open container of alcohol "on the streets, sidewalks, rights-of-way, parking lots and alleys of the city." While section 90.202(10), Florida Statutes (1997), authorizes courts to take judicial notice of duly enacted ordinances of Florida municipalities, "provided such ordinances ......

...Having determined that judicial notice of elemental facts in a criminal case is constitutionally permissible, we now turn our attention to whether judicial notice was correctly taken in this case. The state argues that the trial court properly took judicial notice under either of the following provisions: 90.202 Matters which may be judicially noticed.—A court may take judicial notice of the following matters, to the extent they are not embraced within s....

...90.201: (11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(11), (12), Fla.Stat....

...of school property). Next, we note that service of the injunction on Cordova is not the type of fact that is not subject to dispute because it is capable of accurate and ready determination by resort to a source whose accuracy cannot be questioned. § 90.202(12), Fla.Stat....

...[4] At another point in that trial the defendant managed to smuggle a bag containing his own feces into the courtroom and hurled it at the judge. Mercifully, he missed. [5] We take judicial notice of our own file in Wilson v. State, case number 97-3402. See § 90.202(6), Fla....

...decision here was an abuse of discretion. Dees v. State, 357 So.2d 491 (Fla. 1st DCA 1978). Accordingly, we find no error on this issue. In light of the way this issue has been presented to this court, we do not rule on the applicability, if any, of Section 90.202(9), Florida Statutes (1979)....

...and child....(emphasis added) [2] It is "proper for the trial court to take judicial notice of the prior court orders [because a] court record is not subject to dispute." N.W. v. Dep't of Children & Families, 865 So.2d 625, 626 (Fla. 4th DCA 2004); § 90.202(6), Fla....

...Apparently the deputy treated the economic conditions of the LaBelle-Clewiston area, and the nature of one-industry towns, as facts not subject to dispute because they are generally known within the territorial jurisdiction of the Deputy Commissioner, Section 90.202(11), Florida Statutes (1979)....

...rade. On June 26, 2007, the trial court ruled in favor of the Preefer defendants, and entered a written final judgment. Obviously having reconsidered its prior unwillingness to take judicial notice of the final order dismissing the 1992 lawsuit, see section 90.202(6), Florida Statutes (2007) (providing that a court "may" take judicial notice of "[r]ecords of any court of this state"), the trial court stated in its final judgment: "While not determinative of this Court's decision, this settlement...

...on that Nationwide was not responsible for attorney's fees in this case. If there was a transcript or pleading from the proceedings in this case which supported its position, Nationwide did not seek to have the trial court take judicial notice under section 90.202(6), Florida Statutes (1991)....

...trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. These qualifications are the standard for judicial notice both under section 201 of the Federal Rules of Evidence and section 90.202, Florida Statutes (2008); thus, the use of this type of factual internet research should not be the subject of controversy....

...xcess of fifteen percent for the class of purchasers who received notices of default. [2] We take judicial notice of our record in this recently decided case to confirm that the order under review was an order from a motion for summary judgment. See § 90.202(6)(2010), Fla....

...rs supporting his position are closely scrutinized, while the papers opposing are leniently treated in determining whether the movant has satisfied the burden required of him. Moore's Federal Practice, 2nd ed., Vol. 6, p. 2336 and p. 2339. Moreover, section 90.202(6), Florida Statutes (2009), provides that a court take judicial notice of the "[r]ecords of any court of this state." Therefore, this Court need not blindly reject John Gonzalez's affidavit; instead, we take judicial notice that his w...

...It is true the lower court considered the imposition of court costs to be mandatory, but no one called to its attention the permissive language of the statute. Judicial notice of the county's enactment of same — if it had occurred — would have been a relatively simple matter. See § 90.202(10), Florida Statutes....

...facts as set forth in the orders. We note initially that the orders which the trial court relied upon were only recommended orders — not final. If they had been made final, they could then be considered matters that may be judicially noticed under Section 90.202(5), Florida Statutes (1983), relating to the official actions of the legislative, executive, and judicial departments of the state....

...In this situation, the *1272 order of the parole commission was sufficient record evidence to support a motion to correct illegal sentence. The trial court can take judicial notice of the official actions of the legislative, executive, and judicial branches of government. § 90.202(5), Fla....

...ial custody is in the children's best interests because it allows them to have meaningful physical contact and communication with Appellee which, according to his testimony, Appellant had systematically denied when she was the primary custodian. See § 90.202(6), Fla....

...t submitted to the trial court more than a month after the close of the evidence. This was improper. Judicial notice under the Florida Evidence Code is limited to specific categories of generally known matters, none of which are applicable here. See § 90.202(11), Fla. Stat. (dealing with "generally known" facts); Maradie v. Maradie, 680 So.2d 538, 542 (Fla. 1st DCA 1996) ("[section] 90.202(11) is recognized to be a codification of the common law predating the adoption of Florida's Evidence Code under which `Florida courts have taken judicial notice of facts which are `open and notorious,' involve `common notoriety' or are `commonly known.'")....

...Barker agrees that section 1811 of the California Civil Code confers authority to take acknowledgments of a California notary public but contends that the court was not requested to and did not take judicial notice of this statute. Florida courts will take judicial notice of the common law and the statutes of other states. § 90.202(2), Fla....

...judicial notice, sua sponte, of "the NADA Blue Book Average Retail Value." Although we understand the trial court's desire to streamline the process of setting restitution in this case, we must reverse and remand for further proceedings. Pursuant to section 90.202(12), Florida Statutes (2004), a trial court may take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Se...

...e taken judicial notice of that fact or can be remedied by our taking judicial notice of that fact. Even if, arguendo, this unproved fact was "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," see § 90.202(12), Fla....

...See United States v. Jones, 580 F.2d 219 (6th Cir.1978); United States v. Sorenson, 504 F.2d 406 (7th Cir.1974). NOTES [1] § 90.203, Fla. Stat. (1979), provides: "Compulsory judicial notice upon request. — A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: "(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....

...ims not then ripe for adjudication remain pending.” Although this test may result in more 1 We can take judicial notice of the substance of the motion to dismiss because it is part of this court’s records in Leon, case number 1D11-1088. See § 90.202(6), Fla. Stat. 6 piecemeal appeals than would be allowed in the civil context, this result stems from the fact that “workers’ compensation cases generally proceed on a piecemeal basis – with various entitlements to benefits coming due at different times.” Id....

...The trial judge rejected the proffered deposition, apparently relying on this court's decision in Burlingham v. Allen, 317 So.2d 780 (Fla. 1st DCA 1975). We agree that the trial judge was probably in error in rejecting the deposition. It would seem that the trial judge could properly take notice, under Section 90.202(6), Florida Statutes (1981) of a deposition taken and actually filed in another court proceeding, when a certified copy of the deposition or pertinent portions are filed in the case under consideration in support of or in opposition to a motion for summary judgment....

...During the phone hearing shortly after removal, counsel for the Government stated that the NTSB does not contend that the records sought are not public records under the relevant state statute, only that they are not discoverable at this time. Under § 90.202(5), Florida Statutes, a Florida court may take judicial notice of "[o]fficial actions of the legislative, executive, and judicial departments of the United States." The judge who initially presided over the case rotated out of the civil div...

...The supreme court made clear that police reports and arrest affidavits are "ordinarily considered hearsay and inadmissible." Id. at 140. Hearsay cannot be considered merely because it is contained in a court file. While a trial court may take judicial notice of court records, it does not follow that section 90.202(6), Florida Statutes (2006), permits the wholesale admission of hearsay statements contained within those court records....

...However, the remaining documents were either documents, such as the county attorney's opinion letters, of which this Court may not take judicial notice or which were not included in the proffer before the trial court, or, as was true with the Taylor County resolution, were not printed or certified copies as required by section 90.202(10), Florida Statutes....

...appeals a restitution order that requires this juvenile to pay the victim $8629 for a stolen car. We disagree with the trial court that the State presented the predicate information needed to take judicial notice of an online “Kelley Blue Book” valuation of a used car under section 90.202(12), Florida Statutes (2012)....

...At the rescheduled restitution hearing on June 7, 2013, the trial court ultimately announced that it would take judicial notice of the car’s online valuation as a fact “not subject to dispute because [it is] capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” See § 90.202(12)....

...While the record is unclear, it appears the trial court, sua sponte, took judicial notice of the absence of a search warrant in the court file. 2 Judicial notice is governed by the evidence code. Specifically, section 90.201, Florida Statutes (2011), sets forth matters which must be judicially noticed, and section 90.202 provides matters which may be judicially noticed. Section 90.202(6) includes records of any court of this State or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States. Sections 90.203 and 90.204 provide the procedure to be followed in taking judicial notice pursuant to section 90.202, including when the trial court elects sua sponte to take judicial notice....

...9, 1986, the City and FOP agreed to a drug testing program. See City of Miami Resolution 86-230 (March 27, 1986). We take judicial notice of this agreement, which is in the form of a city resolution. A city resolution may be judicially noticed, see § 90.202(10), Fla....

...Graham, Handbook of Florida Evidence § 207.1, at 80 (1987) ("Appellate courts can take judicial notice of sources both of applicable law and adjudicative facts."); 1 C. Ehrhardt, Florida Evidence § 207.2, at 58 (2d ed. 1984) ("The matters that can be noticed, which are set forth in Sections 90.201 and 90.202, should define the appropriate matters of judicial notice at both the trial and appellate levels."); S....

...and rely on them as support for the disciplinary findings of fact.” Id. at 7-8 (emphasis added); see also Fla. Bar v. Shankman, 41 So.3d 166, 170 (Fla.2010) (rejecting respondent’s contention that referee misapplied judicial notice provision of section 90.202(2), Florida Statutes (2009), and concluding that referee properly considered federal district court sanction order and underlying magistrate’s report and recommendation)....

...Outdoor Resorts of America, Inc., 412 So.2d 491 (Fla.2d DCA 1982), where we affirmed the trial court without opinion. Appellee requested in its brief and at oral argument in this cause that we take judicial notice of the prior appeal. Accordingly, following oral argument in this cause, we issued an order pursuant to section 90.202(6), Florida Statutes (1981), that we would take judicial notice of the records of the prior appeal, and that pursuant to section 90.204(1), the parties would be given ten days to respond to the propriety of taking judicial notice and to the nature of the matter noted....

...Affixed to it is the seal of a professional surveyor and attached to it is an affidavit from a coordinator in the Site Planning and Government Liaison Department for the Dade County School Board. Prior to trial, the state moved the court to take judicial notice of the map pursuant to sections 90.202(11), 90.202(12), and 90.203, Florida Statutes (1989). These sections provide: 90.202 Matters which may be judicially noticed....

...(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(11) and (12) (1989). 90.203 Compulsory judicial notice upon request. — A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....

...nt of Transportation, and pertains to rules on highway design. As the appellees argue, the "Greenbook" is incorporated into rule 14-15.002 of the Florida Administrative Code, and, thus, the court could appropriately have taken judicial notice of it. § 90.202(9), Fla....

...[2] For the purpose of this opinion only, a "subsequent offense" is taken to mean an offense committed after the commission of the prior offense. Under this definition, subsequent offense will never qualify as "prior record" under Rule 3.701 d.5. [3] Erwin v. State, 532 So.2d 724 (Fla. 5th DCA 1988). [4] See § 90.202(6), Fla....

...Bar counsel, in open court, during the hearing. D’Ambrosio’s counsel, who was present, did not object. Further, the referee did not take judicial notice of any disputable “facts”; the referee took notice of another state’s published rules. Section 90.202, Florida Statutes (2007), plainly states that a court may take judicial notice of: (2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States....

...erest post-trial. A party may not make or invite error and then take advantage of it on appeal. See Sheffield v. Superior Ins. Co., 800 So.2d 197 (Fla.2001); Gupton v. Village Key & Saw Shop, Inc., 656 So.2d 475 (Fla.1995). Furthermore, we note that section 90.202(2), Florida Statutes (2001) provides that Florida courts may take judicial notice of the laws of sister states, and section 90.203 provides that the court must take such notice where the adverse party has been given written notice, and sufficient *1005 information has been given to the court....

...3d 1110, 1114 (Fla. 5th DCA 2015) (finding that the bank failed to reestablish a lost note because the affidavit was not offered or entered into evidence despite being attached to the complaint). The affidavit could have been judicially noticed—see § 90.202(6), Fla....

...er to establish statute of limitations affirmative defense). Elmore and LS & F could have requested the court take judicial notice of the filing date. Section 90.203, Florida Statutes (1999), requires a court to take judicial notice of any matter in section 90.202 when the party requesting the notice complies with certain requirements. However, even without such a request, the court could have taken judicial notice of the date of filing on its own. Section 90.202(6), Florida Statutes (1999), gives a court discretion to take judicial notice of "[r]ecords of any court of this state or of any court of record of the United States. . . ." The comment following the statute states, "The court may take judicial notice of these matters, whether or not it is requested by a party to do so." § 90.202, Fla....

...in taking judicial notice of a certain stipulation and motion to dismiss from Underwood # 1, requires reversal and further proceedings. In order to conclude in this case that there was no genuine issue of material fact, the trial court, pursuant to section 90.202(6), Florida Statutes (1985), took judicial notice of a stipulation by National in Underwood # 1 that National's policy afforded coverage for FP & L....

...The problem presented is the manner in which the trial court purported to take judicial notice of the aforementioned important facts from Underwood # 1. The statutory authority for taking judicial notice of pleadings or documents contained in said prior case is section 90.202(6) of the evidence code, which simply codified the case law at the time....

...The trial court in *483 the instant case had denied admission at trial of a deposition taken in another case in Broward County solely on the ground that appellant convinced him that he could not take judicial notice of it. Judicial notice may be taken of all judicial records. § 90.202(6), Fla.Stat....

...s relating thereto.”); see also In re Freeman’s Adoption, 90 So.2d 109, 111 (Fla.1956) (same); McNish v. State, 47 Fla. 69 , 36 So. 176 , 177 (1904) (same); Tower Credit Corp. v. State by Dickinson, 183 So.2d 255, 256 (Fla. 4th DCA 1966) (same); § 90.202(6), Fla.Stat....

...This sentence effectively assured that Pittman would be subject to state supervision for two years, even if he were to be released from prison by virtue of gain-time. [6] The Fisher opinion itself sets forth none of its crucial facts, therefore, pursuant to Section 90.202(6), Florida Statutes (1987), we take judicial notice of this court's records in connection with the Fisher appeal, which provide the following facts: Fisher pled nolo contendere to uttering a forged instrument, grand theft and grand theft by passing worthless bank checks....

...public record admissible under section 90.803(8)). Accordingly, the trial court erred in admitting these website printouts under the public records exception. Darragh alternatively argues that the government website information was admissible under section 90.202(12), which allows a court to take judicial notice of facts “that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned[.]” We agree that some of the factual tables copied from the website would qualify for judicial notice under section 90.202(12). However, to rule the basic attempt to explain and simplify into lay terms the assumptions and calculations necessary to estimate future potential retirement benefits admissible pursuant to section 90.202(12) would be inconsistent with the principles underlying our jury system....

...warrant were a matter of record in his Broward case, Defendant is mistaken that he automatically would be entitled to credit for all the time he was incarcerated in St. Lucie County after service of the Broward warrant. Taking judicial notice under section 90.202(6), Florida Statutes, of our own file in Defendant's prior rule 3.850 appeal, which contains a transcript of his plea and sentencing colloquy, it is clear that the trial court rejected Defendant's request for his sentence in this case to be made concurrent with his sentence in his then recently resolved St....

...In granting the domestic violence injunction, the trial court overlooked the fact that it had two separate proceedings pending before it. The court had the ability to take judicial notice of the records and proceedings in the dissolution/custody proceeding. See § 90.202(6), Fla....

...nt was a recorded document, the trial court could properly take judicial notice of it. This argument fails for three reasons. First, the mere fact that a document has been recorded does not make that document a proper matter for judicial notice. § 90.202, Fla....

...Jacksonville Fed. Sav. & Loan Ass’n, 576 So. 2d 755, 756 (Fla. 1st DCA 1991) (“[P]ublically recorded documents such as deeds and mortgages are not included in the list of matters which must or may be judicially noticed, set out in sections 90.201 and 90.202, Florida Statutes.”). Second, the Florida Evidence Code contains specific procedures that parties and the court must follow before a document may be judicially noticed....

...NOTES [1] On Friday night, December 11, 1981, Killian High school (which dressed 89 players) was defeated in a semi-final championship game by Vero Beach High School (which dressed 47 players). Central Theatres, Inc., v. State, 161 So.2d 558 (Fla. 2d DCA 1964); Section 90.202(11)(12), Florida Statutes (1981)....

...of the records of extradition proceedings on file in the office of the Secretary of State. And the failure of the lower court to take judicial notice of these records does not necessarily prevent this court from so doing.” (citation omitted)); see also § 90.202(5), (12), Fla....

...gh proceeds from litigation might have biased him to falsely give testimony favorable to Rubrecht. In taking judicial notice of the statements in the Nucci opinion, the trial court did not say whether they were being admitted under section 90.201 or section 90.202, Florida Statutes, although, prior to reading from the Nucci opinion, while hearing argument from the parties, the trial court referenced section 90.201....

...In Dufour, one of the issues addressed by the Florida Supreme Court was whether a postconviction court had erred by taking judicial notice of a “2002 postconviction proceeding and certain letters within the court file.” 69 So.3d at 253. The Court said that while a court may take judicial notice of court records under section 90.202(6), Florida Statutes, “the fact that a record may be judicially noticed does not render all that is in the record admissible.” Id....

...DiGiovanni moved for rehearing, again raising the objection to the court's independent investigation and arguing that the case should have been dismissed. The court held a hearing but ultimately denied rehearing, concluding that it was appropriate to take judicial notice of the document under subsections 90.202(5) and (12), Florida Statutes (2014). We conclude that the judge erred in conducting his own independent research, prompting Deutsche Bank to reopen the case, and admitting the document he found into evidence....

...These actions created, at a minimum, the appearance of partiality. -6-  Deutsche Bank argues, and the trial court believed below, that the document could be appropriately admitted pursuant to section 90.202, which delineates matters which may be judicially noticed....

...subject to dispute because they are generally known within the territorial jurisdiction of the court” or “[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” § 90.202(11), (12), Fla....

...and will so advise the jury Case No. 77-30CF is entitled State of Florida versus Willie Frank Thomas, same individual being a black male. Date of birth is 8-18. Defendant, height six foot two inches, weight 185 pounds. Color of hair, black. Although section 90.202(6), Florida Statutes (1981), provides that a court may take judicial notice of the records of any court of this state, [4] we agree with appellant's arguments that the use of the information from the court file constituted a discovery...

...The circuit court properly denied Ward’s petition for writ of habeas corpus. Affirmed. VILLANTI and WALLACE, JJ„ Concur. . This court granted the State's motion to take judicial notice of record items in Ward v. State, 3D 11-208, Ward’s direct appeal in the Third District. See § 90.202(6), Fla....

...e of no force unless made a part of the record or incorporated in the stenographic notes of the proceedings. Fla.R.Jud.Admin. 2.060(g). This was not done here. Of course, the trial court could have taken judicial notice of Nicaraguan law pursuant to Section 90.202(4), Florida Statutes (1981), but only by following the procedure set out in either Section 90.203 or Section 90.204, Florida Statutes (1981)....

statement in the Physicians Desk Reference. See § 90.-202(12), Fla.Stat. (1981). The appropriate procedure

notice “[r]ecords of any court of this state.” See § 90.202(6), Fla. Stat. (2022). “Taking judicial notice

...Commentary -9-  [no change] RULE 12.4501. JUDICIAL NOTICE In family cases, the court may take judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice....

...of Shaw’s testimony at the evidentiary hearing was false. Accordingly, the claim is meritless. C. Judicial Notice Dailey next argues that the lower court erred in declining to take judicial notice under section 90.202, Florida Statutes (2017), of certain records, including court files of Pearcy, court files of the three inmates who testified against Dailey at trial, and deposition testimony from the prosecutor who tried Dailey’s case....

...conference or 30 days before the trial. (d) [NO CHANGE] Commentary [NO CHANGE] RULE 12.4501. JUDICIAL NOTICE In family cases, the court may take judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice....

...conference or 30 days before the trial. (d) [NO CHANGE] Commentary [NO CHANGE] RULE 12.4501. JUDICIAL NOTICE In family cases, the court may take judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice....

...ECOSWF also argues in response to a motion to strike attachments to its brief, that 1) the transcripts of archives’ tapes of legislative committee meetings are properly considered because they were presented to the hearing officer with exceptions to the recommended order; and that 2) section 90.202(6), Florida Statutes, supports judicial notice of collateral circuit court litigation pending between the parties....

...was misled into believing that the State was alleging that he committed the crime during a tailgating party for the Super Bowl that was held several days after the 2020 Super Bowl was played and in a different city 2 We take judicial notice of this fact pursuant to section 90.202(12), Florida Statutes (2023). 3 We take judicial notice of this fact pursuant to section 90.202(12). 5 from the one in which the 2020 Super Bowl was played....

9 So. 3d 729, 736 (Fla. 4th DCA 2009)). Section 90.202(6), Florida Statutes (2023), permits a court

...pter 2014-35, section 2, Laws of Florida. The statute, in general, pertains to matters which may be judicially noticed. Subsection (4) provides as follows: In family cases, the court may take judicial notice of any matter described in s. 90.202(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice....

...fically rule 2.545(d)(2). -2- any state, territory, or jurisdiction of the United States, when imminent danger has been alleged and it is impractical to give prior notice of such to the parties. See id.; § 90.202(6). Based upon the foregoing, we adopt chapter 2014-35, section 2, Laws of Florida, as provided in the appendix to this opinion, to the extent that the provision is procedural....

...2014-35, § 7, Laws of Fla. -3-  APPENDIX Chapter 2014-35, section 2: 90.204. Determination of Propriety of Judicial Notice and Nature of Matter Noticed.— (4) In family cases, the court may take judicial notice of any matter described in s. 90.202(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice....

...of the rule. The trial court, after argument of counsel, granted the request over Rogers’ objecton. At trial, on April 23, 1981, the Court allowed the State to publish the rule by reciting it to the jury. The jury then convicted Rogers as charged. Section 90.202(9), Fla.Stat....

...(1979) provides that a court may take judicial notice of rules promulgated ■ by governmental agencies of this state which are published in the Florida Administrative Code. Section 90.203 provides that a court shall take judicial notice of any matter in Section 90.202 when a party requests it and (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....

...There we approved the trial court’s action in reopening evidence so that the State could introduce the said Department of Corrections rule. In that case we noted that in light of the way the issue was presented that we were not ruling on the applicability of Section 90.202(9), Fla.Stat....

...Hannan’s complaint, the trial court took judicial notice of the probate records in the estate case and determined that Hannan’s claims were barred by section 733.901 of Florida’s Probate Code 2 and res judicata. Finding no error, we affirm. See § 90.202(6), Fla....

...The affidavits were relevant on the issue of whether John was insolvent at the time Executive Aviation transferred the airplane to Jeff. See § 726.106(1), Fla. Stat. (2006). The affidavits in the court file were the type of matter that may be judi-dally noticed. See § 90.202(6), Fla....

the majority suggests. Even though “[u]nder section 90.202(4), Florida Statutes (1991), a court may take

...(citations omitted). All allegations contained within the complaint “must be taken as true and any reasonable inferences drawn from the complaint must be construed in favor of the non-moving party.” Id. (citation omitted). Further, section 90.202(11), Florida Statutes (2016) permits courts to take judicial notice of “[f]acts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court” and section 90.202(12), Florida Statutes (2016) permits courts to take judicial notice of “[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” Ms....

...The summary-judgment evidence establishing the superiority of Fannie Mae’s interest included records from the bankruptcy court, along with the recorded deed. Fannie Mae requested the court to take judicial notice of the bankruptcy court records, which was proper. See § 90.202(6), Fla....

...were the quitclaim deeds from Beggi to the companies) among the public records in conformance with the recording statutes. We decline to take judicial notice of these documents, as they are not part of the record and do not qualify for notice under section 90.202, Florida Statutes (2012)....

...A. That’s right. That is how Jorge had planned it.” . See Libtz v. Coleman, 149 Fla. 28 , 5 So.2d 60 (1941); State v. County of Sarasota, 118 Fla. 629 , 159 So. 797 (1935); Layne v. The Tribune Company, 108 Fla. 177 , 146 So. 234 (1933); Section § 90.202(11) Florida Statutes (1989).

...Judicial Notice Shankman challenges the referee’s ruling taking judicial notice of the federal district court judge’s order and the magistrate’s report and recommendation in Shankman’s civil action against the client, seeking quantum meruit relief. Shankman argues that the referee misapplied section 90.202(2), Florida Statutes (2009)....

...District Judge Elizabeth Kovachevich, dated March 31, 2006, approving the Report and Recommendation. The Florida Bar filed a motion to dismiss Shankman’s petition. On January 22, 2009, the Court granted the Bar's motion and dismissed the petition without prejudice. . Section 90.202 provides in pertinent part that "[a] court may take judicial notice of the following matters, to the extent that they are not embraced within s....

sources whose accuracy cannot be questioned,” see § 90.202(12), Fla. Stat. (1979), and was, therefore, susceptible

judicially notice its own actions and records, Section 90.202(5) and (6), Florida Statutes (1983), and we

thus, are not a part of the record on appeal. See § 90.202(6), Fla. Stat. (1997).

...Unless the parties stipulate to the inclusion of the dependency record in the termination record or the trial court takes formal judicial notice of these records, they are not within the trial court's record and, thus, are not a part of the record on appeal. See § 90.202(6), Fla....

...g argument). Affirmed in part, reversed in part, and remanded. FULMER, A.C.J., and CASANUEVA and STRINGER, JJ., concur. . See Bunger v. State, 687 So.2d 868 (Fla. 2d DCA 1997) (noting that this, court takes judicial notice of its records pursuant to section 90.202(6), Florida Statutes (1995)).

...on for lack of personal jurisdiction because Promenade failed to satisfy the requirements of Florida’s long-arm statute. Affirmed. 4 “A court may take judicial notice of . . . (6) Records of any court of this state . . . .” § 90.202, Fla....

...Additionally, we find that it was proper for the trial court to take judicial notice of the prior court orders, including the dependency order, the orders from the periodic review hearings, and the order terminating the parental rights of the father. See § 90.202, Fla....

judicial notice of its records pursuant to section 90.202(6), Florida Statutes (1995). . For the purpose

...viated “Fla. R. Gen. Prac. & Jud. Admin.” This change is intended to clarify to Bar members that this chapter of rules is relevant not only to judges. Next, we amend rule 2.265 (Municipal Ordinance Violations) to remove a conflict with section 90.202(10), Florida Statutes (2019)....

...irth, and on the experiences of others in the courtroom., To the extent that the Mai court relied. on common knowledge of women’s typical tnedical conditions shortly after childbirth, it was reasonable to do. so and not an abuse of discretion. See § 90.202(11), Fla....

...dicial notice of facts which are "open and notorious”, involve “common notoriety" or are "commonly known”,’ Ehrhardt, Florida’Evi- - dence § 202.11, at 51 (footnotes omitted).” Maradie v. Maradie, 680 So.2d 538, 542 (Fla. 1st DCA 1996). Section 90.202, Florida-Statutes (2012), provides in relevant part that a court may take judicial notice of: (11) Facts that are not subject to- dispute because they are generally, known within the territorial jurisdiction of the court. • (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort- to sources whose accuracy cannot be questioned. “Obviously, to fit within subsection 90.202(12), accurate records or other'sources must exist which-establish the judicially-noticed fact.” Maradie, 680 So.2d at 542 . “[A] judge cannot use sections 90.202(11) and (12) to take’notice of matter's known to the judge, as compared to matters known in the community.” McKinney v....

...The test is not the knowledge of the .trial judge, of the jurors, or of counsel; rather, it is whether a fact is generally known with the court’s jurisdiction _The general knowledge in the jurisdiction where the trial is held is the key 'to whether judicial notice will be taken under section 90.202(11)).” We have not been directed to any indisputable source which establishes the judicially-noticed fact in this case....

...court which established any such "fact.” There were also no "records or sources” before the trial court to establish' the medical condition'of the witness in this case. Maradie, 680 So.2d at 542 . Thus, judicial notice was not appropriate under section 90.202(12). Judicial notice was likewise not appropriate pursuant to section 90.202(11)....

...den, 740 So.2d 529 (Fla.1999). In this case, however, the judge had evidence that went beyond copies of driving records or computer printouts. The state had moved the court to take judicial notice of the entire court file from appellant’s 1989 conviction, as provided in section 90.202(6), Florida Statutes....

which a court may take judicial notice under section 90.202. Even if this booking document were such information

...al notice of the DCF shelter orders, and Appellant again objected on the basis that the documents contained inadmissible hearsay and character evidence. The lower court took judicial notice and allowed the shelter orders into evidence under sections 90.202(6) and 90.203, Florida Statutes....

...Admission of DCF Orders Although not central to this appeal, we note that the lower court erred by admitting the DCF orders into evidence because they contain inadmissible hearsay. 3 At trial, over objection, the lower court took judicial notice and allowed the shelter orders containing hearsay into evidence under sections 90.202(6) and 90.203, Florida Statutes (2013), and not under any hearsay exception. Although a trial court may take judicial notice of court records under section 90.202(6), the statute does not permit “the wholesale admission of all hearsay statements contained within those court records.” Stoll v....

...of the records of any court of this state or any court of record of the United States. We review a trial court’s decision to grant a request for judicial notice for an abuse of discretion. Schwab v. State, 969 So. 2d 318, 322 (Fla. 2007). Section 90.202, Fla....

...lm Beach County.” This was error. It is true that a trial court may take judicial notice of certain governmental records and facts which are not subject to dispute because they are widely known within the territorial jurisdiction of the court. See § 90.202(5)-(7), (11), Fla....

...aking judicial notice; the most important prerequisite being notice to the opposing party. When a party requests judicial notice of matters which may be judicially noticed, section 90.203 provides: A court shall take judicial notice of any matter in s.90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....

...*991 I know you’ve indicated to me that your client’s motion was verified, that your clients filed an affidavit and there’s nothing that plaintiff filed that’s verified, there’s no affidavit from the plaintiff. However, in reviewing the evidence code, matters which may be judicially noticed, section 90.202, the Court may take judicial notice of the following matters: Subsection 12, facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned....

...Plaintiffs attached to their complaint various corporate filings which, I presume, an argument could be made that they are capable of accurate and ready determination by resort to the sources; that is, checking with the secretary of state division of corporations. Would you agree with me that the plaintiff can travel under 90.202, subsection 12 in order to at least create their record evidence? [TSRI FLORIDA]: It should at least create their record evidence. However, they have not do[ne] so. It’s our position they have not done so. The trial court recognized TSRI California did not cite section 90.202 in its reply memorandum, 1 but “presume[d] that was what [TSRI California] was traveling under.” TSRI California made no mention of judicial notice at the hearing on the motion for summary judgment....

...was before the local Pinellas County PERC where HCGEA’s registration was revoked because of its failure to disclose its affiliation status. Pinellas County requests the Court take judicial notice of the county PERC record and decision pursuant to Section 90.202, Florida Statutes....

...rs but merely to limit the impact of the “no evidence” statement in the final order on appeal to the record in this case and to reflect that there were differences in the evidence considered by the two agencies. Pinellas County argues, citing to Section 90.202(6), that judicial notice is appropriate because the Pinellas County PERC order is currently on appeal to the Second District *134 Court of Appeal and the matters in the appendix are portions of the record before that court. Lastly, Pinellas County asserts that the disputed portion of the appendix is properly included in the appendix as “other authority”. Because Section 90.203 states that a court shall take judicial notice of any matter in Section 90.202 when properly requested, we must determine whether Section 90.203 applies to appellate proceedings....

...F & H of Jacksonville, Inc., 258 So.2d 316 (Fla. 1st DCA 1972). We therefore hold that The Florida Evidence Code does not apply to appellate proceedings, 1 and we are not bound by Section 90.203 to take judicial notice of those matters listed in Section 90.202....

...rt. The award of those fees had been the subject of an appeal to this court and was affirmed without opinion prior to the contempt proceedings against Taylor. In re A.E., 392 So.2d 75 (Fla. 2d DCA 1980). We reverse the order of contempt. Pursuant to section 90.202(5)(11), Florida Statutes (1979) we take judicial notice of the fact that Mr....

...Hanf was not charged under this (or 3 The opinion in Oyarvid v. State, 38 So. 3d 854 (Fla. 1st DCA 2010), does not describe the offending conduct, but a court may take judicial notice of its own records (here the victim’s testimony at Oyarvid’s trial) as requested by appellant. See § 90.202(6), Fla....

PER CURIAM. Affirmed. See § 90.202, Fla.Stat....

...SMITH, Jr., C.J., and BOOTH, J., concur. NOTES [1] George contends that the trial court erred in taking judicial notice of the stipulation filed in another proceeding without making the record of that proceeding a part of the record in this cause. Section 90.202(6) provides that a court may take judicial notice of records of any court of this state....

...This court has a right to take judicial notice of its own record. Hillsborough County Board of County Commissioners v. Public Employees Relation Commission, 424 So.2d 132 (Fla. 1st DCA 1982); City of West Palm Beach v. Mann, 387 So.2d 531 (Fla. 4th DCA 1980); § 90.202, Fla....

...NOTES [1] We find no abuse of discretion in the trial court's granting of Armco's motion at the summary judgment hearing allowing Armco to amend its answer by alleging that Mississippi law applied. See, State Farm Mutual Automobile Insurance Company v. Olsen, 406 So.2d 1109 (Fla. 1981); also, Section 90.202(2), Florida Statutes (1979), and Section 92.031, Florida Statutes (1975)....

...In her brief, Soto relies on a multitude of other incidents contained in her supplemental affidavit to support her claim of stalking and her emotional distress, contending that the court took “judicial notice” of the affidavit. The court could not take judicial notice of its contents. See § 90.202(11)–(12), Fla....

judicial notice under either section 90.201 or section 90.202, Florida Statutes (2014). Moreover, the unauthenticated

...n 402.33, Florida Statutes. Although no objection was made by opposing counsel, the trial court denied the request observing that it did not believe it could take judicial notice of an administrative rule. Contrary to the trial court’s assumption, Section 90.202(9), Florida Statutes, provides that a court may take judicial notice of “rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.” Upon remand and the further proceedings hereinafter ordered, the trial court shall consider HRS’s judicial notice request in light of the provisions of Section 90.202, Florida Statutes....

court take judicial notice of Spatuzzi under section 90.202(6), which provides that a court may take judicial

conclusions of law: FINDINGS OF FACT “Pursuant to Florida Statute 90.202 and pursuant to the stipulations of parties