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CAUSE NO. 2017-74631
JEANETTE SCOTTON § IN THE DISTRICT COURT
§ OF HARRIS COUNTY TEXAS
VS 8
8 FILED
ZEUS CROWDFUNDING, LLC, § 113% Chris Danie!
District Clerk
TRINITY BUILDERS (TX) AND 8
DAVID VAN VELZER §
nmeialiy pies 25-18
By.
Deputy
MOTION TO TAKE JUDICIAL NOTICE
Texas Rule of Evidence 201
Comes the Defendant in the above-captioned matter, David Van Velzer, and move
this Court to take judicial notice of the following adjudicative facts:
1, Plaintiff's Second Amended Petition, specifically page 2, { 8; page 3, J 10 and
page 4, J 14 c, in which Jeanette Scotton, Plaintiff, states her signature(s) are forged.
2, The Notarized signature of Jeanette Scotton, dated August 4, 2016, on the
warranty deed of that date, attached hereto as Exhibit A.
3. The signature of Jeanette Scotton on the reverse of a cashier’s check for
$100,000, attached hereto as Exhibit B. If said cashier’s check was forged, it was a
really good job of forgery.
ARGUMENT
A notarized, recorded, and certified deed meets the requirements of Texas Rule of
Evidence 201, and that judicial notice is appropriate for such documents. Johnson v.
1
RECORDER'S MEMORANDUM
This Instrument
is of poor quality
at the time of Imaging
a
Johnson, No. 03-02-00427-CV, 2005 WL 3440773, at *6 (Tex. App.-Austin Dec. 16, 2005,
no pet.) (mem. op.); see Lockhill Ventures, LLC v. Ard Mor, Inc., No. 04-14-00796-CV,
2015 WL 4113691, at *1 n.2 (Tex. App.-San Antonio July 8, 2015, pet. denied) (mem. op.)
(relying on recorded document that was in the clerk's record and was the subject of party's
request for judicial notice, but was not expressly admitted into evidence). In fact, judicial
notice is mandatory "if a party requests it and the court is supplied with the necessary
information."
WHEREFORE, Defendant David Van Velzer moves this Court to take judicial
notice as requested
Respectfully submitted
August2,} , 2018
avid Van Velzer
Certificate of Service
This certifies that I have on this v day of August, 2018, place a true and exact
copy of my
MOTION TO TAKE JUDICIAL NOTICE
Texas Rule of Evidence 201
In the United States Mail, first-class postage prepaid, addressed to:
James T Mahan, Attorney for Plaintiff Bar No. 12830500
The Mahan Law Office
10810 Katy Freeway, Suite #102
Houston Texas 77043
713. 489. 1525
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~-2 CAUSE NO. 2017-74631 JEANETTE SCOTTON § IN THE DISTRICT COURT § OF HARRIS COUNTY TEXAS VS 8 8 FILED ZEUS CROWDFUNDING, LLC, § 113% Chris Danie! District Clerk TRINITY BUILDERS (TX) AND 8 DAVID VAN VELZER § nmeialiy pies 25-18 By. Deputy MOTION TO TAKE JUDICIAL NOTICE Texas Rule of Evidence 201 Comes the Defendant in the above-captioned matter, David Van Velzer, and move this Court to take judicial notice of the following adjudicative facts: 1, Plaintiff's Second Amended Petition, specifically page 2, { 8; page 3, J 10 and page 4, J 14 c, in which Jeanette Scotton, Plaintiff, states her signature(s) are forged. 2, The Notarized signature of Jeanette Scotton, dated August 4, 2016, on the warranty deed of that date, attached hereto as Exhibit A. 3. The signature of Jeanette Scotton on the reverse of a cashier’s check for $100,000, attached hereto as Exhibit B. If said cashier’s check was forged, it was a really good job of forgery. ARGUMENT A notarized, recorded, and certified deed meets the requirements of Texas Rule of Evidence 201, and that judicial notice is appropriate for such documents. Johnson v. 1 RECORDER'S MEMORANDUM This Instrument is of poor quality at the time of Imaging a Johnson, No. 03-02-00427-CV, 2005 WL 3440773, at *6 (Tex. App.-Austin Dec. 16, 2005, no pet.) (mem. op.); see Lockhill Ventures, LLC v. Ard Mor, Inc., No. 04-14-00796-CV, 2015 WL 4113691, at *1 n.2 (Tex. App.-San Antonio July 8, 2015, pet. denied) (mem. op.) (relying on recorded document that was in the clerk's record and was the subject of party's request for judicial notice, but was not expressly admitted into evidence). In fact, judicial notice is mandatory "if a party requests it and the court is supplied with the necessary information." WHEREFORE, Defendant David Van Velzer moves this Court to take judicial notice as requested Respectfully submitted August2,} , 2018 avid Van Velzer Certificate of Service This certifies that I have on this v day of August, 2018, place a true and exact copy of my MOTION TO TAKE JUDICIAL NOTICE Texas Rule of Evidence 201 In the United States Mail, first-class postage prepaid, addressed to: James T Mahan, Attorney for Plaintiff Bar No. 12830500 The Mahan Law Office 10810 Katy Freeway, Suite #102 Houston Texas 77043 713. 489. 1525