Appellate Law

Appellate Courts Can Take Judicial Notice of Record in Previous Consideration of Litigation

In Goetsch v. Goetsch, [Ms. 2060714] (Ala. Civ. App. Feb. 22, 2008), the Court of Civil Appeals noted the general rule regarding an appellate court's ability to take judical notice of prior appellate proceedings:  "This Court takes judicial notice or has judicial knowledge of contents of it [sic] records with reference to its previous consideration of litigation presently before it."  Slip. Op. p. 19, n.1 (quoting Morrow v. Gibson, 827 So. 2d 756, 762 (Ala. 2002)).

Full post as published by Alabama Appellate Watch on February 26, 2008 (boomark / email).