Veteranclaims’s Blog

February 19, 2014

FedCir.; Judicial Notice; Fed. R. Evid. 201

Filed under: Uncategorized — Tags: — veteranclaims @ 9:04 pm

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
______________________
HOWARD NEWGARD,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2014-7005
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 12-1334, Chief Judge Bruce E.
Kasold.
______________________
ON MOTION
______________________
PER CURIAM.
O R D E R
Howard Newgard moves the court to take judicial
notice of certain documents that he states were not before
the Court of Appeals for Veterans Claims (“Veterans
Court”). The Secretary of Veterans Affairs opposes.
Case: 14-7005 Document: 15 Page: 1 Filed: 02/19/2014
2 NEWGARD v. SHINSEKI

The record on appeal should only include the papers
and exhibits filed in the Veterans Court. See Fed. R. App.
P. 10(a). Although the Federal Rules of Evidence authorize
judicial notice of certain documents outside of the
record, the court is not persuaded that such action is
warranted here. See Fed. R. Evid. 201.
Accordingly,
IT IS ORDERED THAT:
The motion is denied. The appellant’s opening brief,
which does not include the documents, is accepted for
filing.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 14-7005 Document: 15 Page: 2 Filed: 02/19/2014

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