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Briefly: Motions for judicial notice in the 8th Circuit
Eric Magnuson, Stephen Safranski
August 26, 2021
As most litigators know, the federal courts of appeals generally do not hear evidence, but instead examine whether the District Court has committed error based on the evidentiary record before it. Thus, the courts of appeals review judgments and certain orders on a closed record, relying on the District Courts’ gatekeeping function to assure that evidence is reliable and relevant. The basic rule regarding composition of the record is found in Federal Rule of Appellate Procedure 10(a), which provides that the record on appeal consists only of the “original papers and exhibits filed in the District Court,” “the transcript of proceedings, if any,” and “a certified copy of the docket entries prepared by the District Court clerk. Rule 10’s scope reflects the fact that it would frustrate the appellate courts’ error correction function to allow litigants to “move the goalposts” by introducing new evidence at appeal.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Eric Magnuson, Stephen Safranski - Minnesota Lawyer
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