Axanar Defense Request for Judicial Notice
Judicial notice? What the heck is a Request for Judicial Notice?
Why, I’m so glad you asked!
According to Cornell University Law School, a Request for Judicial Notice is essentially a document filed with the court to draw attention to certain matters, to wit:
Rule 201. Judicial Notice of Adjudicative Facts
… (b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:
(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(c) Taking Notice. The court:
(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
(d) Timing. The court may take judicial notice at any stage of the proceeding.
(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.
(f) Instructing the Jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
Now, we’ll look at the 64-page document Axanar‘s defense attorneys filed with the court. Judge Gary Klausner has a lot of reading ahead of him, and so do we.
As always, my credentials are here. This blog post is an expression of my opinion, based upon my training as an attorney and my decades in the fandom. Your opinion may differ, and I welcome it, along with any questions you might have, in the comments section of this post.
Furthermore, as always, I have purchased these documents. Ask for a copy if you like. Feel free. They are a matter of public record. I offer them to you freely. You are a member of the public, and you have the right to know.
This is not a criminal matter. It is a civil one, and the donors are not a party to it. If donors wish redress for their own grievances, they should consider contacting the California Attorney General’s office. The California Statute of Limitations for fraud matters is three years. This will not matter much if any of the parties, either individual or corporate, head into bankruptcy. The donors are not secured creditors, although the proposed secret consortium looking to take over the Ares Studios Valencia, California leasehold might get a chance to be. And secured creditors generally get priority in bankruptcy proceedings.
Now, on with the documents.
Request for Judicial Notice
As always, the document begins with a familiar cover page.
On this page, the defendants requests that the court take notice of certain concepts which should be indisputable facts. For example, if there was some need to establish that defendant Peters was born on such and such a date (it would not be necessary here, but you can see a date of birth could be vital in a case about, say, retirement benefits), then attaching the defendant’s birth certificate would likely be enough. The other side can, of course, dispute even a birth certificate, a fact that we know all too well from the political arena. In this case, we will look at the various documents and items which the defense is asking the court to essentially declare to be factual, thereby removing any future disputes about matters such as authentication.
Understand, though, that if a particular ‘fact’ can be slanted in the defense’s favor, they will attempt to do just that.
Page 3 enumerates a list of the attached exhibits.
Page 4 continues the enumeration of the exhibits attached to this document.
This page is the standard type of signature page we have seen many times.
She's also a published author (Untrustworthy, published by Riverdale Avenue Books; QSF Discovery 2 Anthology, published by Mischief Corner Books; and The Longest Night Watch Anthology 1 & 2, published by Writers Colony Press), and a prolific fan fiction writer. You can find her adding her fanfiction to our forums, or live tweeting our show.
We understand that she can be bribed with pie.