§ 90.207, Fla. Stat. — Judicial Notice by Trial Court in Subsequent Proceedings
Plain English
If a court declines to take judicial notice of something, that is not the end of it. A later court—or the same court at a later stage—can still take judicial notice of the matter, as long as it follows the request-and-notice procedure in §§ 90.201–90.206.
From the Courtroom
A “no” on judicial notice early in a case is not a permanent loss. Renew the request later with a cleaner showing. The key is following the procedure—give the other side notice and supply the court the source material it needs to notice the fact accurately. Treat an early denial as a reason to build a better record, not as a closed door.
Key Points & Authority
- No preclusion. A court’s failure or refusal to take judicial notice does not bar judicial notice of the same matter in subsequent proceedings.
- Procedure still applies. The later notice must follow the request, opportunity-to-be-heard, and source-material procedure in §§ 90.201–90.206.
Federal Parallel
Florida § 90.207 aligns with Federal Rule of Evidence 201 (Judicial Notice of Adjudicative Facts). FRE 201(d) allows a court to take judicial notice “at any stage of the proceeding,” while Florida codifies the subsequent-proceedings point as its own section. Cross-reference is text-only until the Federal Rules of Evidence Rule Book is built.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
90.207 Judicial notice by trial court in subsequent proceedings.—The failure or refusal of a court to take judicial notice of a matter does not preclude a court from taking judicial notice of the matter in subsequent proceedings, in accordance with the procedure specified in ss. 90.201-90.206.
Educational reference. Educational summary of Florida statutory law, not legal advice.
What this rule means in plain English
If a court declines to take judicial notice of something, that is not the end of it. A later court—or the same court at a later stage—can still take judicial notice of the matter, as long as it follows the request-and-notice procedure in §§ 90.201–90.206.