Rule 8.809. Judicial notice
Cal. Rules of Court, rule 8.809
Current text effective January 1, 2015.
#(a) Motion required
#(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.
(Subd (a) amended effective January 1, 2013.)
#(b) Copy of matter to be judicially noticed
If the matter to be noticed is not in the record, the party must serve and file a copy with the motion or explain why it is not practicable to do so. The pages of the copy of the matter or matters to be judicially noticed must be consecutively numbered, beginning with the number 1.
(Subd (b) amended effective January 1, 2015.)
#History
Rule 8.809 amended effective January 1, 2015; adopted effective January 1, 2011; previously amended effective January 1, 2013.
What this rule requires
Service and Proof of Service Rules
(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.
If the matter to be noticed is not in the record, the party must serve and file a copy with the motion or explain why it is not practicable to do so.
Document Format Requirements
The pages of the copy of the matter or matters to be judicially noticed must be consecutively numbered, beginning with the number 1.
Document Filing Requirements
(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.
(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.
If the matter to be noticed is not in the record, the party must serve and file a copy with the motion or explain why it is not practicable to do so.
Official text: courts.ca.gov , checked October 19, 2026.