Rule 8.252. Judicial notice; findings and evidence on appeal

(a) Judicial notice.

(1)  To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order.

(2)  The motion must state:

(A)  Why the matter to be noticed is relevant to the appeal;

(B)  Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court;

(C)  If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice under Evidence Code section 451, 452, or 453; and

(D)  Whether the matter to be noticed relates to proceedings occurring after the order or judgment that is the subject of the appeal.

(3)  If the matter to be noticed is not in the record, the party must attach to the motion a copy of the matter to be noticed or an explanation of why it is not practicable to do so. The motion with attachments must comply with rule 8.74 if filed in electronic form.

(Subd (a) amended effective January 1, 2020; previously amended effective January 1, 2009, January 1, 2013, and January 1, 2015.)

(b) Findings on appeal.

A party may move that the reviewing court make findings under Code of Civil Procedure section 909. The motion must include proposed findings.

(c) Evidence on appeal.

(1)  A party may move that the reviewing court take evidence.

(2)  An order granting the motion must:

(A)  State the issues on which evidence will be taken;

(B)  Specify whether the court, a justice, or a special master or referee will take the evidence; and

(C)  Give notice of the time and place for taking the evidence.

(3)  For documentary evidence, a party may offer an electronic copy, or if filed in paper form, the original, a certified copy, or a photocopy. The court may admit the document into evidence without a hearing.

(Subd (c) amended effective January 1, 2020; previously amended effective January 1, 2007, and January 1, 2016.)

Rule 8.252 amended effective January 1, 2020; repealed and adopted as rule 22 effective January 1, 2003; previously amended and renumbered as rule 8.252 effective January 1, 2007; previously amended effective January 1, 2009, January 1, 2013, January 1, 2015, and January 1, 2016.

Advisory Committee Comment

Subdivisions (b) and (c). Although appellate courts are authorized to take evidence and make findings of fact on appeal by Code of Civil Procedure section 909 and this rule, this authority should be exercised sparingly. (See In re Zeth S. (2003) 31 Cal.4th 396.)


Rules that reference this rule: N/A