hawaii rules of evidencestricklin-king obituaries

was found and filed. Hearsay exception; prior statements by witnesses. Rule 410 Inadmissibility of pleas, plea discussions, and related statements. Rule 412 Sexual assault cases; relevance of victims past behavior. 803(b)(8) Public records and reports 305 Prima facie evidence 604 Interpreters 804(b)(3) Statement against interest R. Evid. 101 Scope. 92 H. 61, 987 P.2d 959 (1999). Requirement of authentication or identification. Add to Wish List Related Subjects Law Excellent Rule 803 Hearsay exceptions; availability of declarant immaterial. Rule 304. Rule 1007 Testimony or written admission of party. GENERAL PROVISIONS. Rule 509 Privilege against selfincrimination. Rule 502. Code in treating all appropriate prior witness statements in a single rule. MISCELLANEOUS RULES Learn more about how Pressbooks supports open publishing practices. 303 Presumptions imposing burden of producing evidence Rule 100 Title and citation. declarant, 804 Hearsay exceptions; declarant unavailable, 806 Attacking and supporting credibility of 137 H. 19, 364 P.3d 917 (2016). presentation, 612 Writing used to refresh memory, 613 Prior statements of witnesses, 614 Calling and interrogation of witness by Compromise, offers to compromise, and mediation proceedings. This is consistent with prior Hawaii law, see State v. Altergott, 57 H. 492, 559 P.2d 728 (1977). Rev. 801(d)(1)(C), the Advisory Committee's Note to which says: "The basis is the generally unsatisfactory and inconclusive nature of courtroom identifications as compared with those made at an earlier time under less suggestive conditions." Chief Justice Moon's Criminal Past. 33 UH L. Rev. 1. this page must be submitted with your plan of correction. 505 Spousal privilege 80 H. 172, 907 P.2d 758 (1995). 613 Prior statements of witnesses 109 H. 359 (App. Rule 502 Required reports privileged by statute. Rule 702 Testimony by experts. ), 933 P.2d 90 (1997). Rule 608 Evidence of character and conduct of witness. Rule 1007 Testimony or written admission of party. 402 Relevant evidence generally admissible; irrelevant evidence inadmissible 1006 Summaries 615 Exclusion of witnesses 801 Definitions Prior identification evidence was properly admitted as substantive proof of identity where identifying witness failed to make in-court identification. The declarant is subject to cross-examination concerning the subject matter of the declarant's statement, the statement is inconsistent with the declarant's testimony, the statement is offered in compliance with rule 613(b), and the statement was: (A) Given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; or, (B) Reduced to writing and signed or otherwise adopted or approved by the declarant; or. Rule 513 Comment upon or inference from claim of privilege; instructions. 105 Limited admissibility 1964), will be helpful in defining the parameters of this rule. The language of paragraph (1)(A) is virtually identical with Fed. 304 Presumptions imposing burden of proof 201 Judicial notice of adjudicative facts. Hawaii decisions have tended to adhere to the traditional limitation, e.g., State v. Smith, 59 H. 565, 583 P.2d 347 (1978), where the court allowed expert medical testimony regarding the effects of LSD on human beings. R. Evid. JUDICIAL NOTICE Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, or (3) mediation or attempts to mediate a claim which was disputed, is not . Section 626-1 Enactment . Rule 1102 Jury instructions; comment on evidence prohibited. Rule 611 Mode and order of interrogation and presentation. ), 129 P.3d 1157 (2006). Regarding the requirement that (e)(2) subdivision statements be "substantially verbatim," the court said: "It is clear that Congress was concerned that only those statements which could properly be called the witness' own words should be made available" under the Act. Hawaii Rules of Evidence. Rule 806 Attacking and supporting credibility of declarant. Rule 609 Impeachment by evidence of conviction of crime. ), 173 P.3d 550 (2007). 702, as adopted in 1975, and with original Haw. Contents of Writings, Recordings, and Photographs 8. During miscellaneous Proceedings such as for extradition or rendition; detention hearing in criminal cases; sentencing, granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise. AUTHENTICATION AND IDENTIFICATION, 901 Requirement of authentication or Rule 703 Bases of opinion testimony by experts. Rule 401 Definition of relevant evidence. Rule 304 Presumptions imposing burden of proof. Two-pronged standard of review adopted for challenges to expert evidence under this rule; court did not commit plain error in admitting expert evidence of the Widmark formula for the purpose of ascertaining defendant's blood alcohol concentration level at the time of defendant's arrest. 806 Attacking and supporting credibility of declarant, ARTICLE IX. Rule 802.1 Hearsay exception; prior statements by witnesses. Competency of juror as witness. Trial court did not err in precluding witness from expressing opinion, since record disclosed that witness was never qualified as an "expert by knowledge, skill, experience, training, or education" in accordance with this rule. therefore the accuracy of the indictment could not be reasonably questioned, Get free summaries of new opinions delivered to your inbox! Rule 614 Calling and interrogation of witness by court. Rule 802.1. Based on doctor's credentials and experience, doctor was qualified to testify about the results of doctor's surrogate study showing no seatbelt loading marks where such marks should have been if victim had been wearing the seatbelt at the time of the crash; doctor had completed a residency with the Navy in aerospace medicine, had been qualified by other trial courts as a biomechanical expert, had consulted on approximately one thousand motor vehicle cases and had taught courses in biomechanics and injury causation analysis. Sign up for our free summaries and get the latest delivered directly to you. 803(b)(24) Other exceptions (residual exceptions), 804 Hearsay exceptions; declarant unavailable Rule 1007 Testimony or written admission of party. 109 0 obj <>stream Rule 302 Presumptions in civil proceedings. The Hawai'i Judiciary makes every effort to ensure that electronically published information is accurate and current but presents this information without warranties, express or implied, regarding the information's accuracy, timeliness, or completeness and shall not be held liable for any loss or damage whatsoever resulting from any use made of . Rule 612. The "Jencks Act" governs the production or discovery, in federal criminal trials, of written or recorded statements made to government agents by government witnesses. 803(b)(4) Statements for purposes of medical diagnosis or treatment 703 Bases of opinion testimony by experts. reporter to the Hawaii Judicial Council Evidence Committee and various rules of Rule 802.1 Hearsay exception; prior statements by witnesses. Rule 303 Presumptions imposing burden of producing evidence. The use of prior identifications in criminal cases may present constitutional problems as well, see, e.g., Foster v. California, 394 U.S. 440 (1969); Gilbert v. California, 388 U.S. 263 (1967). Paragraph (2): Rule 613(c) identifies three classes of prior consistent statements that are admissible for rehabilitation purposes. Hawaii Rules of Evidence generally apply to civil and criminal case proceedings. 803(b)(17) Market reports, commercial publications Rule 614 Calling and interrogation of witness by court. ), 214 P.3d 1133 (2009). Admission into evidence of witness' grand jury testimony under paragraph (4) did not violate defendant's constitutional right to confrontation where witness' testimony was supported by numerous guarantees of trustworthiness and defendant was able to cross-examine witness on witness' subsequent failure to remember alleged incident. 802.1 Hearsay exception; prior statements by witnesses Expert testimony necessary to establish reasonable probability of future pain and suffering. Sexual offense and sexual harassment cases; relevance of victims past behavior. Subdivision (e)(1) statements are those "signed or otherwise adopted or approved" by a witness. ), 932 P.2d 340 (1997). The reliability determination "could include the Frye test," id., but is not so limited: "[I]t is possible that a court could also consider the scientific procedure itself, as well as other evidence of the procedure's reliability." 608 Evidence of character and conduct of witness Rule 803 Hearsay exceptions; availability of declarant immaterial. 801(d)(1)(A); the language of paragraph (1)(B) and (C) is borrowed from the federal "Jencks Act," 18 U.S.C. 9 H. App. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party. Legislative . Definition of relevant evidence. William S. Richardson School of Law Paragraph (3): The substantive use of prior identifications is allowed in Fed. 106 Remainder of or related writings or Family court did not abuse its discretion when it decided that witness was an expert in domestic violence and when it entered decisions with respect to witness' testimony. trailer Rule 302 Presumptions in civil proceedings. Rule 101 Scope. Want to create or adapt books like this? Where prior inconsistent statements were properly admitted under paragraph (1)(C) and witnesses were cross-examined with respect to their statements, substantive use of statements did not violate defendant's constitutional right to confrontation. Rule 409. Learn more about how Pressbooks supports open publishing practices. See Territory v. Adelmeyer, 45 H. 144, 363 P.2d 979 (1961). 609 Impeachment by evidence of conviction of crime 0000003211 00000 n 412 Sexual offense and sexual harassment cases; relevance of victims past behavior, ARTICLE V. PRIVILEGES the intermediate court of appeals' immediate possession and neither party Rule 1102 Jury instructions; comment on evidence prohibited. Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible. 106 Remainder of or related writings or recorded statements. Rule 106 Remainder of or related writings or recorded statements. Payment of medical and similar expenses. Rule 408 Compromise, offers to compromise, and mediation proceedings. 804 Hearsay exceptions; declarant unavailable 803(5). 804(b)(5) Statement of recent perception if it is not, your plan of correction will be returned to you, unreviewed. Jury instructions; comment on evidence prohibited. Rule 402. declarant, ARTICLE IX. 201 Judicial notice of adjudicative facts OPINIONS AND EXPERT TESTIMONY 83 H. 507, 928 P.2d 1 (1996). These rules shall be known and cited as the Hawaii Rules of Evidence. University of Hawaii William S. Richardson School of Law. Mr. 411 Liability insurance the court erred in failing to take judicial notice of the date the indictment This is the holding of State v. Montalbo, 73 H. 130, 828 P.2d 1274 (1992), observing that Rule 702's assistance requirement contemplates expert testimony based upon "a sound factual foundationan explicable and reliable system of analysis[and having the capacity to] add to the common understanding of the jury." 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time Code 1160, excluding expressions of "sympathy or a general sense of benevolence". Where witness admitted throughout testimony to having made prior oral inconsistent statements, witness' transcribed interview admitted in violation of paragraph (1) and rule 613(b). The purpose of subdivisions (e)(1) and (e)(2) of the Jencks Act, according to the Supreme Court in Palermo v. United States, 360 U.S. 343, 349-52 (1959), is to define the "most trustworthy class of statements" of witnesses to be turned over to the defense for impeachment purposes. Since the witness can be cross-examined about the event and the statement, the trier of fact is free to credit his present testimony or his prior statement in determining where the truth lies. R902(11)(12). Prior Hawaii law was to the same effect, see generally Kekua v. Kaiser Foundation Hosp., 61 H. 208, 601 P.2d 364 (1979). expert, 802.1 Hearsay exception; prior statements by Rule 412 Sexual assault cases; relevance of victims past behavior. The following statements previously made by witnesses who testify at the trial or hearing are not excluded by the hearsay rule: (1) Inconsistent statement. 804(b)(6) Statement by child Rule 401 Definition of relevant evidence. Rule 101 Scope. conduct; exceptions; other crimes, 405 Methods of proving character, 407 Subsequent remedial measures, 408 Compromise, offers to compromise, and Rule 1004 Admissibility of other evidence of contents. 612 Writing used to refresh memory and condolence, 410 Inadmissibility of pleas, plea discussions, Rule 102 Purpose and construction. 1004 Admissibility of other evidence of contents 77 H. 282, 884 P.2d 345 (1994). 0 Rule 609.1 Evidence of bias, interest, or motive. This rule should be understood in connection with Rule 613, "Prior statements of witnesses." Rule 803 Hearsay exceptions; availability of declarant immaterial. The problem with Fed. 92 H. 98 (App. 70 H. 509, 778 P.2d 704 (1989). Rule 901. The purpose of this chapter is to codify the law of Expert's testimony that child's knowledge of sexual terms and activities were consistent with characteristics of sexually abused child was of assistance to jury in understanding origin of child's actions and words and not unduly prejudicial. Each rule shall be cited by its number. witnesses, 803 Hearsay exceptions; availability of Rule 701 Opinion testimony by lay witnesses. 414, 844 P.2d 1 (1992). 1, 36-38 (1979) [hereinafter cited as Richardson). Case Notes Although trial court erred in concluding that the admissibility of petitioner's statement regarding having "made a big mistake" was governed by this rule, and also erred by excluding the preceding words "I'm so sorry", because those words explained the context of the "mistake" comment, the error was harmless beyond a reasonable doubt in light of petitioner's testimony explaining the statement, and the statement was relevant and admissible as a party admission under rule 803(a)(1). Rule 100 Title and citation. 122 H. 2 (App. The Federal Rules of Evidence For an explanation of the case law and policy behind the Hawaii Rules of Evidence, see Addison Bowman's excellent text, the Hawaii Rules of Evidence Manual 2016-2017, which is available from LexisNexis and Amazon. Hawaii rules of evidence 702 Testimony by experts. 100 H. 356, 60 P.3d 306 (2002). the 1993 replacement volume 13 and some of the Commentary in the subsequent Rule 609.1. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Rule 302 Presumptions in civil proceedings. This rule effects a reorganization of certain of the hearsay provisions found in Article VIII of the federal rules. 901 Requirement of authentication or identification Rule 1004 Admissibility of other evidence of contents. GENERAL PROVISIONS RULE 100 Title and citation. (C) Recorded in substantially verbatim fashion by stenographic, mechanical, electrical, or other means contemporaneously with the making of the statement; (2) Consistent statement. Bases of opinion testimony by experts. Rule 609. Hearsay exceptions; declarant unavailable. 92 H. 61, 987 P.2d 959 (1999). Rule 409.5 Admissibility of expressions of sympathy and condolence. thus could not be questioned, the circuit court erred in failing to take 407 Subsequent remedial measures You already receive all suggested Justia Opinion Summary Newsletters. HAWAII RULES OF EVIDENCE, ARTICLE I. Rule 901 - Requirement of authentication or identification (a) General provision. Cited: 133 H. 102, 324 P.3d 912 (2014). All cases cited in the original commentary are now over 37 years old. You already receive all suggested Justia Opinion Summary Newsletters. 902 Self-authentication Rule 609 Impeachment by evidence of conviction of crime. 101 Scope Firearms instructor's testimony properly allowed by circuit court where the instructor's testimony established that the instructor had the requisite skill, knowledge, experience, training, or education with the use, identification and operation of shotguns to testify regarding pattern tests performed with a shotgun recovered from the investigation and that the instructor's testimony regarding the tests the instructor conducted had a reliable base in the knowledge and experience of the instructor's discipline and rested on a reliable foundation; thus, instructor's expertise in the use and operation of firearms was sufficient to meet the foundational requirements of this rule. "Other crimes" evidence, see Rule 404(b) infra, presents a classic example of the necessity for the Rule 403 balance, as the Hawaii . 803 Hearsay exceptions; availability of declarant immaterial You can explore additional available newsletters here. An uncorroborated prior inconsistent statement of a family or household member offered under rule 613 and this rule as substantive evidence of the facts stated therein may be sufficient, if believed, to establish physical abuse and the manner in which such abuse was inflicted in a prosecution for physical abuse of a family or household member under 709-906. Because the witness is subject to cross-examination, the substantive use of his prior inconsistent statements does not infringe the sixth amendment confrontation rights of accused in criminal cases, see California v. Green, 399 U.S. 149 (1970). Rule 201 Judicial notice of adjudicative facts. Hawaii Rules of Evidence 802.1 Hearsay exception; prior statements by witnesses. The Commentary in this replacement volume includes the 704 Opinion on ultimate issue Hawaii Rules of Evidence Handbook by John Barkai is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted. 702.1 Cross-examination of experts Where officer testified that officer received field training in the testing and identification of illegal drugs and drug paraphernalia and knew through training and experience how a pipe like that recovered from defendant is used to smoke crystal methamphetamine, prosecution had laid sufficient foundation establishing officer's knowledge and experience; thus, trial court did not err in allowing officer to testify that residue contained in pipe recovered from defendant may have been an amount sufficient to be used. 805 Hearsay within hearsay Rule 701. 1005 Public records ), 82 P.3d 818 (2003). Besides just the Hawaii rules, the Handbook's "added value" is a 15 page section on making and responding to common objections (including over 15 pages on the most common trial objections) and over 70 pages on evidentiary . Rule 512 Privileged matter disclosed under compulsion or without opportunity toclaim privilege. 0000003404 00000 n Rule 504.1 Psychologistclient privilege. (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? 302 Presumptions in civil proceedings Membership provides lifetime access to your TB and immunization data. Rule 201. 608 Evidence of character and conduct of witness. 804 Hearsay exceptions; declarant unavailable. Rule 104 Preliminary questions. Admission into evidence of witness' handwritten statement on the bottom of an identification form under paragraph (4) did not violate defendant's constitutional right to confrontation where witness' statement was supported by numerous guarantees of trustworthiness. History of the Rules of Evidence and Restyling Efforts, Appendix B. 121 H. 143 (App. 412 Sexual offense and sexual harassment cases; relevance of victim's past behavior. Wife's tape recorded statement to detective properly admitted under paragraph (1)(C) and rule 613(b) as substantive evidence of husband's guilt. You must have JavaScript enabled in your browser to utilize the functionality of this website. 408 Compromise, offers to compromise, and mediation proceedings. 64 H. 302, 640 P.2d 286 (1982). OPINIONS AND EXPERT TESTIMONY, 701 Opinion testimony by lay witnesses, 703 Bases of opinion testimony by experts, 705 Disclosure of facts or data underlying 755 81 H. 131, 913 P.2d 57 (1996). Rule 410. Rule 201 Judicial notice of adjudicative facts. 71 H. 552, 799 P.2d 48 (1990). Case Law Divergence from the HRE Appendix C. Differences between the HRE and the FRE Appendix D. HRE which do not appear in the FRE Finding My HRE Book Page Rule 701 Opinion testimony by lay witnesses. 78 H. 230, 891 P.2d 1022 (1995). Disclaimer: These codes may not be the most recent version. Rule 804 Hearsay exceptions; declarant unavailable. Rule 511 Waiver of privilege by voluntary disclosure. Rule 703 Bases of opinion testimony by experts. Admissibility of other evidence of contents. Rule 614 Calling and interrogation of witness by court. An appendix explains where the Hawaii case law differs from what appears to be the plain meaning of the rules and how the Hawaii Rules differ from the Federal Rules of Evidence. As scientific principles and procedures underlying hair and fiber evidence are well-established and of proven reliability, evidence could be treated as "technical knowledge"; independent reliability determination under rule 104 thus unnecessary. 802.1(1) Inconsistent statement Rule 306 Presumptions in criminal proceedings. court, 616 Televised testimony of child, ARTICLE VII. 638, 819 P.2d 1122 (1991). The circuit court plainly erred in precluding defense expert's testimony with regard to the probable effects of cocaine on the victim at the time of the shooting. Rule 512 Privileged matter disclosed under compulsion or without opportunity toclaim privilege. 99 (2003). 202 Judicial notice of law, ARTICLE III. Rule 409.5. EVIDENCE 626. 1101 Applicability of rules Article I - GENERAL PROVISIONS. 103. Presumptions imposing burden of producing evidence. [L 1980, c 164, pt of 1] I do not want access to my documents.". Initial impetus for evidence rules came from former State Representative Katsuya Yamada, who sponsored a bill in 1977, H.B. ), 126 P.3d 402 (2005). The present rule, in contrast, defines those prior statements by witnesses that may in addition be considered by the trier of fact to prove the truth of the matters asserted, that is, as exceptions to the hearsay ban of Rule 802. 405 Methods of proving character These rules shall be known and cited as the Hawaii Rules of Evidence. 802.1 Hearsay exception; prior statements by witnesses. Evid. Expert testimony in child abuse case inadmissible as an opinion as to the child's credibility. 406 Habit; routine practice Rule 501 Privileges recognized only as provided. complainant was never subjected to cross-examination concerning statements and statements could not be offered into evidence under rule 613(c). 103 H. 373 (App. 151 (2000). Rule 702 Testimony by experts. Doctor properly qualified as expert witness where doctor licensed in two states, practiced for twenty years, and performed over five hundred breast augmentation operations. 14 UH L. Rev. Rule 1007 Testimony or written admission of party. History of the Rules of Evidence and Restyling Efforts, Appendix B. Rule 504.1 Psychologistclient privilege. Rule 103 Rulings on evidence. Hawaii rules of evidence 626-1 Enactment. Rule 303 Presumptions imposing burden of producing evidence. You can explore additional available newsletters here. The Federal Rules of Evidence were amended in 2002 to allow business records to be self-authenticated by a written certification of the custodian or other qualified witness, which means that a witness does not have to appear in court. 110 H. 129 (App. A complete citation to a rule may read as follows: Rule ___, Hawaii Rules of Evidence, Chapter 626, Hawaii Revised Statutes. These rules apply to all actions and proceedings in the courts of this State. Book Description: This paperback is a complete copy of the Hawaii Rules of Evidence without the commentary. Rule 306. Moreover, nothing in the Hawaii rules of evidence would preclude a trial court from declining to qualify a witness as an expert in front of the jury, so long as the requisite foundation for the witness' testimony is established. A The history of the rules of evidence and restyling efforts, App. You may purchase an printed copy of this book off the internet or a link on my Hawaii Rules of Evidence (HRE) Book Page. To get to my HRE Book Page, Google Barkai & HRE. Hawaii Rules of Evidence. Hawaii Rules of Evidence Appendix A. 92 H. 61, 987 P.2d 959 (1999). 78 H. 287, 893 P.2d 138 (1995). Rule 412. Rule 701 Opinion testimony by lay witnesses. Opinion testimony by lay witnesses. The intent is to include in paragraph (1) all written or recorded statements that can fairly be attributed to the witness-declarant. 803(b)(1) Present sense impression Next: Rules test of spacing Just for practice take it out later, Creative Commons Attribution 4.0 International License. 102 Purpose and construction. Rule 404 Character evidence not admissible to prove conduct; exceptions; other crimes. 121 H. 143 (App. Rule 705 Disclosure of facts or data underlying expert opinion. Rule 106 Remainder of or related writings or recorded statements. Calling and interrogation of witness by court. (b) Illustrations. Rule 504.1 Psychologistclient privilege. Rule 702 requires only that the testimony be of assistance to the trier of fact. 117 H. 127, 176 P.3d 885 (2008). Convenient, Affordable Legal Help - Because We Care! Scientific Expert Admissibility in Mold Exposure Litigation: Establishing Reliability of Methodologies in Light of Hawaii's Evidentiary Standard. Rule 201 Judicial notice of adjudicative facts. The Hawaii Rules of Evidence Handbook (6" x 9") was designed to be brought to court and be at your side in the office. of 66 H. 254, 659 P.2d 745 (1983). Rule 501. 1001 Definitions Hawaii rules of evidence 608 Evidence of character and conduct of witness. 803(b)(6) Records of regularly conducted activity (business records) 129 H. 206, 297 P.3d 1062 (2013). xref 603 Oath or affirmation This rule, which provides that evidence "expressing sympathy, commiseration, or condolences concerning the consequences of an event in which the declarant. Rule 304 Presumptions imposing burden of proof. 106 Remainder of or related writings or recorded statements, ARTICLE II. Rule 513 Comment upon or inference from claim of privilege; instructions. Rule 608 Evidence of character and conduct of witness. Rule 802.1 Hearsay exception; prior statements by witnesses. Trial court properly limited chemical engineer's testimony to matters within the engineer's background, experience, and training, that is, within the field of chemical engineering; court did not abuse its discretion in limiting testimony of one of plaintiff's treating physicians, a general practitioner, where nothing in the physician's background or experience suggested physician would be competent to testify regarding the effects of silicone on the human body. Chapter 621 Evidence and Witnesses, Generally 621C Witness Immunity 622 Documentary Evidence 623 Uniform Judicial Notice of Foreign Laws--Repealed . Rule 611 Mode and order of interrogation and presentation. Trial court properly admitted fingerprint examiner's expert testimony that expert positively identified the latent fingerprint as belonging to defendant; evidence presented established that expert's testimony was reliable and that trial court was well within its discretion in finding that expert's testimony satisfied the reliability prong of this rule. Judicial notice of adjudicative facts.

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