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The Evidence Rules All Family Law Attorneys Should Master

By Bari Brandes Corbin and Evan B. Brandes

CPLR ' 4511 provides that the Supreme Court and Appellate Courts must take judicial notice, without request, of the common law, constitutions and public statutes of the United States and of every state, territory and jurisdiction of the United States, and of the official compilation of codes, rules and regulations of the state (except those that relate solely to the organization or internal management of an agency of the state), and of all local laws and county acts. Every court may take judicial notice, without request, of private acts and resolutions of the Congress of the United States and of the legislature of the state; ordinances and regulations of officers, agencies or governmental subdivisions of the state or of the United States; and the laws of foreign countries or their political subdivisions.

Judicial notice must be taken for matters specified in CPLR ' 4511 if a party requests it, furnishes the court sufficient information to enable it to comply with the request, and has given each adverse party notice of his intention to request it. Notice must be given in the pleadings or prior to the presentation of any evidence at the trial, but a court may require or permit other notice. CPLR ' 4511(b).

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