Litigation
Jan. 3, 2013
Judicial notice, a misunderstood tool
While judicial notice of court records is often requested, its scope and meaning is frequently misunderstood and it is rarely used to prevent re-litigation of an issue. By Antonio Sarabia II
Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case. These are powerful tools which may short circuit the opposing side's case or important issues in that case. Surprisingly, there is another tool with ...
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