Cal. Rules of Court, rule 8.809 · Chapter 1. General Rules Applicable to Appellate Division Proceedings
Judicial notice
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
(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.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2013.)
(Subd (b) amended effective January 1, 2015.)
Rule 8.809 amended effective January 1, 2015; adopted effective January 1, 2011; previously amended effective January 1, 2013.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_809
- Text hash
- sha256 56654ffeddea5de4901dd2f825822daffe2aa94e68bf0081457515b517689d5e
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.