Hawaii Jury Instruction - 1.2 With Counterclaim By Defendant
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FAQ
R. Evid. 201 puts it: "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.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
11. Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.
Rule 201 provides that a court ?may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.? Fed.
This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.
Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.
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.
