You Can Use Judicial Notice Motions to Win Your Foreclosure Case!

Why struggle to prove obvious facts?

Every court (state or federal) provides an easy way to prove obvious facts. The method is called “Judicial Notice”.

Like everything else about “How to Win in Court”, it’s easy to do! And, you should do it whenever you can.

Make your opponents’ legal bullets bounce harmlessly off your educated chest by moving the court to take judicial notice of obvious facts. Don’t spend valuable court energy trying to prove what the court must admit when you move it to do so. Once the court takes judicial notice of a fact, the court’s order settles the issue for all purposes.

Here’s a true story from one of Dr. Graves early cases: His client hired him to recover a security deposit from her former landlord, who claimed she owed him for cutting down a tree.

The tree was a Brazilian Pepper tree, a nuisance plant here in Florida, related to poison ivy, poison oak, and poison sumac. Mr. Graves didn’t spin my wheels trying to prove that tree was worthless.

He said, “Your honor, I move the court for an order taking judicial notice that Brazilian Pepper trees have been deemed a nuisance plant in Florida and therefore have no commercial value to justify this landlord’s withholding my client’s security deposit.”

The judge smiled, pleased at the opportunity to tell us what he knew of this pesky bush. He leaned back in his leather-backed chair and put his hands behind his head as if he were going to tell a story to his grandchildren. He talked about those nasty trees for at least 10 minutes, detailing problems he and his family had and reciting concern officials have with the invasion of this plant from Argentina where it was seen as an attractive ornamental.

He talked about rashes he received on his own hands after whacking away at one of the menace trees in his own backyard. Suddenly, he leaned forward, turned toward the landlord, pronounced, “Motion granted…. Judgment for the plaintiff.” If a fact is commonly known, move the court to take judicial notice.

You can learn more about how to win your case with the How to Win in Court Jurisdictionary Course by clicking here:


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