Look for: rule # and words from rule

FREs always apply through litigation

Keep something out? FRE 103a1 Object

Motion in limine: motions to limit

If judge overrules FRE 103a2: off of proof

Then appeal via final judgment or interlocutory appeal

Criminal or civil?
Where am I in the process when the legal question arises?
What is the purpose of admitting the evidence?

Judicial notice:
Judicial notice of legislative facts (unregulated)
Judicial notice of Basic facts (unregulated) things we just know because we live. Drive on
right side of the road.
Judicial note of the law (not FRE, it’s case law and FRCP) § or case law, municipal ord.
Judicial notice of adjudicative facts (FRE 201) facts specific to the case.
May if not subject to reasonable dispute bc it is generally known or can be accurately and
readily determined from sources whose accuracy cannot reasonably be questioned.
Taking Notice: can on it’s own or must if party requests it and court is supplied with necessary
info.
Timing: any stage in the proceeding. *crim and civ differ
Opportunity to be Heard: must allow other side to be heard before judicial notice is accepted.
If it does, effects jury instructions. Civil: must instruct jury to accept as conclusive. Crim: must
instruct jury that may or may not accept.

Readily accertainable from reliable source=sometimes wiki

Publicly accepted = doesn’t include wiki

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Presumptions (other short cuts to entering evidence)
Pretrial burden: set out claims and give notice to other side; lets other side know what’s going
on.
Trial burden: Production and persuade
Burden of production: producing evidence to make submissable case “could a
reasonable juror find”
Burden of persuasion: (trial) beyond a reasonable doubt or clear and convincing or
preponderance of ev or (pretrial) probable cause or reasonable suspicion or sufficiency
of ev
Presumptions:
Elements of a case
Assume must prove a-b-c
Can only prove a-b
What happens? You haven’t met burden of production; no case. You get dismissal or directed
verdict.

Presumption ex: IF you find x you must find C. Party proves a-b-x so C must be true. You satisfy
burden of production this way.
Why? Because sometimes you’re not the holder of that information. (ex. Mailbox rule)

Presumption def: a presumption is a rule of law that if the jury finds a certain basic fact it must
find a certain presumed fact, in absence of evidence rebutting that presumed fact

PRESUMPTION FRE 301

Party has to rebutting the burden of producing if the production proven. Persuasion never
changes.

FRE 302:
Civil case, state law governs rules of presumption

Types of presumption:
Conclusive (irrebuttable)
Mandatory (rebuttable)
Permissive (Inference)

Civil cases vs. criminal cases: criminal can’t get conclusive or mandatory bc jury decides.

Bowers v. Bowers
Paternity : can do blood test. If you sign the birth cert you are father. Conclusive in MO.
Conflict? §

Evidence that contradicts the existence of the presumed fact? Jury instructed to find the
presumed fact unless it is persuaded that the presumed fact does not exist. It’s not in the FRE.

Presumptions in discrimination cases:

If P was a member of a protected class and meets requirements of basic facts it is presumed
there was discrimination.