Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Wayback Machine

Hepp v. Ultra Green Energy Servs., LLC, 2016 U.S. Dist. LEXIS 34953 (N.D. Ill. Mar. 18, 2016):


Defendant Ultra Green Energy Services LLC ("Ultra Green") moves this Court for a new trial pursuant to Rule 59(a) or for an order altering or amending its judgment pursuant to Rule 59(e). For the reasons set forth below, Ultra Green's motion is denied.


Factual Background

The facts found by the Court at trial and their basis in the record are set forth below. Most of the material facts in this case were jointly stipulated to or are plain on the face of jointly submitted exhibits. [*5]  The remainder, by-and-large, were consistently presented across witnesses. The Court has also taken judicial notice of the Ultra Green website as archived on the Wayback Machine in 2011.1

1   "Courts have taken judicial notice of the contents of web pages available through the Wayback Machine as facts that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned, see Fed.R.Evid. 201." Erickson v. Nebraska Mach. Co., 2015 WL 4089849, at *1 (N.D. Cal. July 6, 2015) (collecting authority).

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