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Re: mrmainstreet post# 46285

Monday, 03/30/2015 2:17:58 PM

Monday, March 30, 2015 2:17:58 PM

Post# of 426374
mrmain, again I'm not contesting the fact that this judge is limited to ruling on NCE only, but what I am trying to convey is that the judge is not limited in knowledge to facts brought up only by the two parties. Through research (and it is not limited to applicable law only), the judge may be aware of the anchor spa issue. Could this influence his decision? Could he make comments on it?

If in fact a judge was not allowed to research/investigate a case, and only concern himself with the facts brought up by both parties, then it becomes a "he said, she said" situation. Why did the judge tell both parties to provide him more information by last Tuesday?

A short description of a federal judges scope follows:

Research by the court itself on background facts and law
is often necessary. The court should make the parties aware of
its independent investigations—and the sources utilized in any
such investigation—so that the parties can correct
misconceptions. Limitations on formal judicial notice in the
Federal Rules of Evidence do not apply to this research.
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