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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue.
In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial. For example, both parties might stipulate to certain facts and so not have to argue them in court. After the stipulation is entered into, it is presented to the judge.
If fact bargaining is acceptable, then the entire moral and intellectual basis for the Sentencing Guidelines is rendered essentially meaningless." [2] Judges rarely overturn stipulations reached by fact bargaining. [3] In some cases, "creative" plea bargains are reached in which the defendant pleads guilty to a totally different lesser crime.
Although included in the Chapter headed "trials", subpoenas can also be used to obtain document production or depositions of non-parties to the litigation during the pre-trial discovery stage. Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a sufficient record is made of the objecting party's position.
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
For example, in a murder case where the victim was killed by a gunshot wound, evidence showing the Defendant owned guns is relevant; however, evidence that the defendant owned guns is inadmissible to show he is a "murderous criminal" without further evidence those weapons were brought to the scene of the crime. [15]
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Stipulation for 10, answer given is 20: According to G.3.102 this would be void. However, according to D.45.1.1.4 it would be valid for 10. If the stipulation was for slave a and slave b, for example, and the answer is slave a, the stipulation would be valid for slave a only. [22] Ulpian argued there are as many stipulations as things ...