A Legislative Bills is proof of written law (Revised Code/Statutes are not.) and must be certified and offered as a judicial notice in the court record by ‘Motion of Judicial Notice, and must be served upon the other party ideally 10 days before offering/hearing of the motion, if out of time motion for continuance for all parties to review the relevancy of the offered law to set the law of the case. Judges hate this because they then have a duty to the presented law. We have been doing this lately and the cases are dismissed immediately as to right to travel.
I have also presented the floor debates as evidence of the interpretation/application of the bill and have won national p residence by doing so against one of the largest banks in America.
Nebraska Revised Statute 25-1290
Revised Statutes » Chapter 25 » 25-1290 Print Friendly
25-1290. Legislative proceedings; how proved.
The proceedings of the Legislature of this state, or any state of the Union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the house in which the proceedings were had, or by a copy purporting to have been printed by their order.
R.S.1867, Code § 418, p. 463;
R.S.1913, § 7983;
C.S.1922, § 8924;
C.S.1929, § 20-1290;
R.S.1943, § 25-1290.
Where entries in journal expressly and unequivocally contradict enrolled bill, former will prevail. State v. Burlington & Missouri River R. R. Co., 60 Neb. 741, 84 N.W. 254 (1901).
If it appears from journals of Legislature that bill had not actually passed, certificate of presiding officer is overthrown and bill is invalid. Webster v. City of Hastings, 56 Neb. 669, 77 N.W. 127 (1898).
[[If not presented as a motion it will not work, trust me I did it wrong for years.]]
Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System. Done in free inhabitant.info, need done in pauljjhansen.com.
Judicial Notice Federal Rules of Evidence, Rule 201:(http://www.law.cornell.edu/rules/fre/rules.htm#Rule201) Rule 201. Judicial Notice of Adjudicative Facts(a) Scope of rule. This rule governs only judicial notice of adjudicative facts. (b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. A court may take judicial notice, whether requested or not.(d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. S. E. Overton Co. v International Brotherhood of Teamsters, etc. (1953, DC Mich) 115 F
Supp 764, 32 BNA LRRM 2614, 24 CCH LC P 67803District court takes judicial notice of any federal laws brought into operation by allegations of complaint. 7 ALR Fed 921.Federal or state law as governing federal court’s authority, in diversity action after Erie R. Co. v Tomkins, to take judicial notice of law of sister state or foreign country. [7 ALR Fed 921] Overview of Judicial Notice:OVERVIEW OF JUDICIAL NOTICE1. A court may take judicial notice of a fact of common knowledge. The fact must be one not subject to reasonable dispute because it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Courts also may take judicial notice of laws. Judicial notice may be taken by any court at any stage of the proceedings. The judge usually must give the parties notice and an opportunity to object before taking judicial notice. 2. Procedure (A) If a party knows in advance that it will request judicial notice, that request should be made in a pre-trial motion with supporting documents attached and reasonable notice to the opposing party.(B) If judicial notice is unanticipated, a request may be made for the first time during trial. The party requesting notice must supply the judge with the necessary information. (C) Before taking judicial notice, the judge should notify the parties before taking judicial notice, give them an opportunity to be heard, and hold a hearing. 3. Rule 201 provides that the court must take judicial notice if it is requested by a party and if that party supplies the court with the necessary information. 4. Conclusive Effect of Judicial Notice (A) Civil cases. Under Rule 201(g), any fact judicially noticed in a civil action is conclusive. Contrary evidence will not be admitted. (B) Criminal cases. In a criminal case, a judicially noticed fact is merely presumed to be true and the adverse party may introduce evidence contradicting it. States are split on whether the State may rely solely on judicial notice to prove an essential element of a criminal charge. Usual context — added criminal penalty for selling drugs within 1000 feet of a school, judicial notice
that the building called Rogers School is in fact a school. 5. Facts of Common Knowledge. A court may take notice of reasonably indisputable facts of common and general knowledge within its jurisdiction, including facts of public record, e.g., that a building called Howe Military Institute was a “school,” who is a county commissioner). Facts within the personal knowledge of the trial judge are not appropriate subjects for judicial notice unless they are also facts of common knowledge. 6. Scientific Facts (A) In general. Courts will take notice of matters of science which are reasonably indisputable. E.g., a vehicle traveling 40 m.p.h. covers 60 feet per second. If a scientific fact is complicated, the court can hear expert testimony before taking notice. Courts must be careful to distinguish facts of common knowledge from scientific facts in determining whether a particular fact is subject to “reasonable” dispute. If a matter of basic science is generally accepted within the scientific community, it should be noticed, even though some segments of the general public may disagree with it. A scientific fact is not reasonably disputed if the disagreement with it stems from fear, ignorance or religion. An example of the potential confusion is Weeks v. Scott on page 855 in which the court erroneously refused to take judicial notice of ways in which the AIDS virus is transmitted because of a widespreadpublic belief that science did not know the answer. (B) Reliability of scientific evidence. For purposes of satisfying the foundation requirement of Rule 702(b) that scientific evidence be reliable, the court may take judicial notice that a well-established scientific test or principle is reliable. (C) Mathematical calculations. A court may take notice of basic mathematic equations, such as how to calculate the area of a circle, and then perform those calculations. 7. Facts in reference books, dictionaries and encyclopediae may be noticed. These are called “readily verifiable” facts. 8. Notice of Law. Courts may notice four categories of law: (a) Case law, statutes and constitutional provisions. (b) Rules of court, such as the R. Civ. P. (c) Published regulations of government agencies. (d) Codified municipal ordinances. However, uncodified ordinances may not be noticed according to pre-Rules cases. The court may notice state or federal law from any jurisdiction within the United States. However, the courts do not take judicial notice of the laws of foreign countries. 9. Court Records. The courts may take notice of the pleadings, filings, and other content of the record in the present case. . Notice may not be taken of the records from other cases, even on a related subject with related parties. For example, post-conviction relief hearings and probation revocations are considered separate proceedings from the original criminal case, so the court
cannot take notice of the records from the original prosecution. 10. Judicial Notice Other Than at Trial. Judicial notice may be taken by any court at any stage of the proceedings, e.g., on appeal.