No summary, proceed to other tabs.

Click the topic headings to navigate through the cases and quotes concerning that topic.
Expand All | Contract All

  • Statutory basis and definition of a judicially noticed fact.
    • Arnita Y. Boswell and James W. Clement v. Mavety Media Group Ltd., Opposition No. 99,058, (TTAB 1999).
      • Rule 201 of the Federal Rules of Evidence provides that "a judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned."
  • A "high degree of indisputability" or "capable of ready determination by resort to sources whose accuracy cannot reasonably be questioned" is the essential prerequisite for admitting a judicially noticed fact.
    • Arnita Y. Boswell and James W. Clement v. Mavety Media Group Ltd., Opposition No. 99,058, (TTAB 1999).
      • The Advisory Committee notes regarding the rule comment that "the usual method of establishing adjudicative facts is through the introduction of evidence, ordinarily consisting of the testimony of witnesses. If particular facts are outside the area of reasonable controversy, this process is dispensed with as unnecessary. A high degree of indisputability is the essential prerequisite."
    • Arnita Y. Boswell and James W. Clement v. Mavety Media Group Ltd., Opposition No. 99,058, (TTAB 1999).
      • The statements of which opposer Clement would have us take judicial notice are argument and speculation, rather than facts with "a high degree of indisputability" or "capable of ready determination by resort to sources whose accuracy cannot reasonably be questioned."
No Statutes Listed.