Appellate Courts Can Take Judicial Notice of Record in Previous Consideration of Litigation
In Goetsch v. Goetsch, [Ms. 2060714] (Ala. Civ. App. Feb. 22, 2008), the Court of Civil Appeals noted the general rule regarding an appellate court's ability to take judical notice of prior appellate proceedings: "This Court takes judicial notice or has judicial knowledge of contents of it [sic] records with reference to its previous consideration of litigation presently before it." Slip. Op. p. 19, n.1 (quoting Morrow v. Gibson, 827 So. 2d 756, 762 (Ala. 2002)).
