June 6, 2006

Wright’s Federal Practice & Procedure

Posted in Back to School at 11:21 pm by brookel

I have, for the first time, been spending a lot of time with Charles Alan Wright – and I have to say that I now understand why his series on Federal Practice and Procedure (worth every penny of their $2021 cost I'm sure) was such a hit: it tells you EVERYTHING you need to know!  I don't know what I'd do without it – I use it everday at work.

Today, for instance, I was trying to understand when/what could be judicially noticed.  I found a great explanation on when a judge look up something and still call it a "generally known fact" within the meaning of Rule 201(d).
When it applies to music apparently.

But judges are old and foregetful; even a judge who things that the names of the The Beatles are generally known may need to resort to an album cover to recall George harrison.  Similarly, a judge may well suppose that a fact is generally known to others even though unknown to her; e.g. what "Pearl Jam" is. (The writer believes this to be some kind of musical group, but would need to ask one of his children to be sure.) 21B Wright & Miller, Federal Practice & Procedure, s.5108 (2 ed. 2005).

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