Section 459 - Duties of reviewing court

1 Analyses of this statute by attorneys

  1. Judicial Notice on Appeal: Mandatory Subject Matter

    Hanson Bridgett LLPNovember 1, 2021

    Like trial courts, appellate courts also have the power to take judicial notice of facts and propositions that are beyond dispute. (Cal. Rules of Court, rule 8.252; Cal. Evid. Code, § 459, subd. (a).) In practice, the types of matters that are judicially noticed on appeal typically include legislative and regulatory history or other executive actions that can aid the court in its review of the legal issues on appeal.Appellate courts have broad power when it comes to judicial notice, and that power is comprised of two types of matters: mandatory and discretionary.