Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Other Court’s Website (3 Cases)

1.  Demirovic v. Moss, 2018 U.S. Dist. LEXIS 124907 (E.D. Ky. July 26, 2018):

Footnote 2  The Court "may take judicial notice of proceedings in other courts of record." Granader v. PublicBank, 417 F.2d 75, 82-83 (6th Cir. 1969); see also Fed. R. Evid. 201(b)(2). Records on government websites are self-authenticating. Fed. R. Evid. 902(5); Qiu Yun Chen v. Holder, 715 F.3d 207, 212 (7th Cir. 2013) ("A document posted on a government website is presumptively authentic if government sponsorship can be verified by visiting the website itself."); see also Hames v. Sepanek, No. CIV.A. 0:13-111-HRW, 2013 WL 5235567, at *1 n.1 (E.D. Ky. Sept. 17, 2013), appeal dismissed (6th Cir. Nov. 5, 2013).

2. Cruse v. Burchett, 2018 U.S. Dist. LEXIS 111878, 2018 WL 3321195 (E.D. Ky. July 5, 2018) (same).

3. Adams v. Warden of Tyger River Corr. Inst., 2018 U.S. Dist. LEXIS 111887 (D.S.C. June 8, 2018) (R&R):

Footnote 1  The Court may take judicial notice of matters of public record, including factual information located in postings on government websites. See Philips v. Pitt Cty. Mem. Hosp., 572 F.3d 176, 180 (4th Cir. 2009) (courts "may properly take judicial notice of matters of public record."); Mitchell v. Newsom, CA No. 3:11-0869-CMC-PJG, 2011 U.S. Dist. LEXIS 59024, 2011 WL 2162723, at *3 n.1 (D.S.C. May 10, 2011) (collecting cases indicating that federal courts may take judicial notice of governmental websites, including court records), Report and Recommendation adopted by 2011 U.S. Dist. LEXIS 58853, 2011 WL 2162184 (D.S.C. June 1, 2011); see also Williams v. Long, 585 F. Supp. 2d 679, 686-88 & n.4 (D. Md. 2008) (collecting cases indicating that postings on government websites are inherently authentic or self-authenticating); In re Katrina Canal Breaches Consol. Litig., 533 F. Supp. 2d 615, 631-32 (E.D. La. 2008) (collecting cases indicating that federal courts may take judicial notice of governmental websites, including court records).

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