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Cofeld case-Law16

Page history last edited by abogado 9 years, 1 month ago

Read the Cofield case and then answer the following questions.

1. Does Judicial Notice apply to the newspaper article, and facts contained therein? yes or no?
2. Why or why not.
3. State the legal rationale the court used in making its decision and apply the rules of evidence from New Mexico on Judicial Notice.


New Mexico Rules of Evidence: 3-700. Judicial Notice The court may take judicial notice of a fact (i.e. accept as established) which commonly is known to be true without the need for evidence. The fact must be either generally known within the community or capable of determination by reference to sources with known accuracy. SCRA 11-201. The purpose of this rule is to save the time and expense of proving self-evident or well-established facts. For example, the court may take judicial notice of a statutory provision.

Cattle guards are common objects in New Mexico cattle country and courts can take judicial notice of their nature by appropriate books or documents of reference. Williams v. New Mexico State Hwy. Comm'n, 82 N.M. 550, 484 P.2d 770 (Ct.App. 1971).

Leaking pipes is not a matter of such common knowledge that the court could properly have taken judicial notice thereof. Horton v. Driver-Miller Plumbing, Inc., 76 N.M. 242, 414 P.2d 210 (1966).

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