675 So. 2d 632, 1996 WL 279224
District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322769
Cited 8 times | Published
...rden. *635 Before the enactment of the evidence code, the general rule in Florida was that judicial notice of a fact merely meant that it was "taken as true without the necessity of offering evidence by the party who should have ordinarily done so." § 90.206, Fla.Stat.Ann....
...ct had been noticed, and when he or she did so, the matter was presented to the jury for its determination. Id. In other words, judicial notice served as prima facie evidence of the fact so noticed. When the evidence code was first enacted in 1976, "section 90.206 provided that during the trial the court shall instruct the jury to accept as a fact a matter of judicial notice." Charles W....
...The Law Revision Council Notes clearly indicated an intent to break with the previous rule. A matter judicially noticed was meant to be binding on the trier of fact and no evidence disputing or rebutting the matter was to be permitted once it had been so noticed by the judge. See § 90.206, Fla.Stat.Ann. (West 1979) (Law Revision Council Note1976). "In the 1978 amendment to section 90.206 the legislature changed the word `shall' to `may' so that the provision now reads that the judge `may instruct the jury during the trial to accept as a fact a matter judicially noticed.'" Ehrhardt, supra, § 206.1....
...uction of evidence disputing the fact could be permitted, see Makos v. Prince, 64 So.2d 670 (Fla.1953), or the jury could be instructed that it may, but is not required to, accept as conclusive the fact judicially noticed, see Fed.Rule Evid. 201(g). § 90.206, Fla.Stat.Ann....
