Understanding Rule 201 of the Federal Rules of Evidence

READ THE FULL ARTICLE HERE

ARTICLE EXCERPT BELOW

WHILE THE FEDERAL RULES OF EVIDENCE erect numerous hurdles to the admission of evidence in a federal trial, many procedural devices can be employed to overcome—or at least sidestep—those hurdles. One of the more customary mechanisms used to clear evidentiary hurdles such as authentication and hearsay is a request for judicial notice pursuant to Rule of 201 of the Federal Rules of Evidence. Although requests for judicial notice sometimes will solve the evidentiary problem facing a practitioner—for example, how to admit into evidence data from a government agency’s Web site or a previously filed declaration—many requests seem to demonstrate a lack of understanding of the proper function of a judicial notice or how to correctly make a request. A request for judicial notice is more than a substitute for formal proof but far less than an all-purpose cure for admissibility defects. Thus, it is important for practitioners to be aware of the device’s limitations and its procedural requirements.