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Nevada, Department of Motor Vehicles, retrieved fromhttp://www.dmvnv.com/namechange.htm (attached as Exhibit F).Federal Rule of Evidence 201(b) provides that a court may judicially notice “a fact that isnot subject to reasonable dispute because it: (1) is generally known within the trial court’sterritorial jurisdiction; or (2) can be accurately and readily determined from sources whoseaccuracy cannot reasonably be questioned.” As described below, the attached exhibits all areproper subjects for judicial notice as easily verifiable public records, and as self-authenticatingsources pursuant to the Federal Rules of Evidence.
Exhibits A, B, E, and F are self-authenticating copies of web pages from official government websites.
Exhibits A, B, E, and F consist of print-outs of web pages from the officialgovernment websites for Defendants Carson City Clerk-Recorder Alan Glover, Clark CountyClerk Diana Alba, the federal Social Security Administration, and Nevada’s Department of MotorVehicles, respectively. As this Court has recognized, “[i]n this new technological age, officialgovernment or company documents may be judicially noticed insofar as they are available via theworldwide web.”
In re AgriBioTech Sec. Litig.
, Case No. CV-S-990144 PMP (LRL), 2000 U.S.Dist. LEXIS 5643, *4-5 (D. Nev. March 2, 2000);
Simon v. Bank of Am.
, Case No.10-cv-00300-GMN-LRL, 2010 U.S. Dist. LEXIS 63480, *15 n.1 (D. Nev. June 23, 2010) (“TheCourt takes judicial notice of this information provided on the government website.”);
Daniels- Hall v. Nat’l Educ. Ass’n
, 629 F.3d 992, 998-99 (9th Cir. 2010) (finding it “appropriate” to take judicial notice of information posted on school district websites “as it was made publiclyavailable by government entities” and there was no dispute about its authenticity). Additionally,all of these sources also are appropriate subjects for judicial notice because they are self-authenticating pursuant to Federal Rule of Civil Procedure 902(5) (defining as self-authenticating“[a] book, pamphlet, or other publication purporting to be issued by a public authority.”).
Exhibits C and D are ballot materials issued by the Nevada Secretary of State, and thus are self-authenticating public records.
Exhibits C and D are properly subject to judicial noticeas official publications of the Nevada Secretary of State that have been archived online by the
Exhibits A and B also are admissible evidence for an independent reason: they eachqualify as party admissions pursuant to Federal Rule of Evidence 801(d)(2).
Case 2:12-cv-00578-RCJ -PAL Document 87 Filed 09/10/12 Page 3 of 34