Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Public Records as Reflected on Another Court’s Website or on Westlaw

Brooks v. Bergh, 2014 U.S. Dist. LEXIS 97059 (E.D. Mich. July 17, 2014):

1   Petitioner does not indicate in his pleadings that he ever appealed the denial of his post-conviction motion for relief from judgment to the Michigan appellate courts. Petitioner also did not provide this Court with a complete copy of the Berrien County Circuit Court judge's order denying his post-conviction motion, so this Court is unable to determine the date that the post-conviction motion was denied. There is no indication from the Michigan Court of Appeals' website, and Westlaw's website,, that petitioner filed any appeal following the denial of this motion by the Berrien County Circuit Court. Public records and government documents, including those available from reliable sources on the Internet, are subject to judicial notice. See United States ex. rel. Dingle v. BioPort Corp., 270 F. Supp. 2d 968, 972 (W.D. Mich. 2003). A federal district court is also permitted to take judicial notice of another court's website. See e.g. Graham v. Smith, 292 F. Supp. 2d 153, 155, n. 2 (D. Me. 2003).

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