In California is a transcript considered a record for purposes of judicial notice? Just got served a demurrer and OC filed a request for judicial notice of a transcript. This is the first time I’ve seen someone ask for judicial notice of a transcript. Thanks!

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According to Garcia v. Sterling and 176 Cal. App. 3d 22, "A court may properly take judicial notice of its own records. However, this does not mean that a court may judicially notice the truth of the statements contained in a deposition transcript filed as part of its record." and "Although the existence of statements contained in a deposition transcript filed as part of the court record can be judicially noticed, their truth is not subject to judicial notice." Hope this helps.

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It’s a transcript from a criminal case, not the civil case at hand.

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No. Unless it has previously been filed.

Right. But if it’s been filed with ANY court, you can RJN to that filing but you need to specify how the court can find it in its database—I.e. cite to the docket number. And if there isn’t enough info in the RJN for you to even find it on the courts docket—how can you be sure it is even part of the courts record such that it can be RJN’d? So you can try objecting on that basis. Also, object on hearsay—a transcript is an out of court statement (presumably) being offered for the truth of the testimony therein. However, the court likely won’t sustain this objection if it is a statement made by a party in this civil action — hearsay exception. I think Dr. GOOGLE would be helpful for citations on this issue as well.

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