Practice question
A judge relies only on a personal memory of a disputed private transaction and calls it discretionary judicial notice. The fact is not public knowledge, unquestionably demonstrable or something the judge ought to know through judicial functions. Which is correct?
- Personal familiarity alone always permits notice
- Every private memory is mandatory judicial notice
- The judge's confidence eliminates the need for a legal basis
- The stated basis does not meet Section 2's criteria; personal memory alone is insufficient
- A party must accept any fact personally known to the judge
Legal references
- 2019 Amendments to the Rules on Evidence, A.M. No. 19-08-15-SC, Rule 129, Sections 1–4.
- Reviewed primary authority, Rule 129, Sections 1–4, current amended hearing requirements: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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