Legal Opinion

Smith v. Hearst Corp.

Court of Special Appeals of Maryland

Decided March 5, 1981No. 654, September Term, 1980PublishedCited by 13 opinions

1Opinion of the CourtMoylan, J.

Judicial notice of a fact is an acceptable substitute for formal proof of such fact, when formal proof is clearly unnecessary to enhance the accuracy of the fact-finding process. Dean McCormick set out the general principles in his Law of Evidence (First Edition, 1954), Section 323, "The Need for and the Effect of Judicial Notice,” pp. 687-688:

"The principal effect of the use of the doctrine of judicial notice is to excuse the party having the burden of establishing a fact from the necessity of producing formal proof of the fact by sworn witnesses and authenticated documents or objective…

2Cases cited3 opinions

  1. Dean v. StateCourt of Appeals of Maryland · 1954
  2. Hettleman v. FrankCourt of Appeals of Maryland · 1920
  3. MacHt v. Hecht Co.Court of Appeals of Maryland · 1948

3Cited by13 opinions

  1. Faya v. AlmarazCourt of Appeals of Maryland · 1993
  2. Sharp v. SharpCourt of Special Appeals of Maryland · 1984
  3. Lerner v. Lerner Corp.Court of Special Appeals of Maryland · 2000
  4. Lerner v. Lerner Corp.Court of Special Appeals of Maryland · 2000
  5. Irby v. StateCourt of Special Appeals of Maryland · 1986

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