Sorry, TG...it seems your eagle eye may have been distracted by a passing bird or two!
Quoting That Guy
The above quote is not what the Ellis court holds. You missed the quotes; they're quoting Peterson (they should have used a block quote). The immediately preceding sentence is:
Quoting People v. Ellis (1995)
Immediately following the Peterson quote, Ellis goes on to disapprove of it wholesale, as well as all the above contentions:
Quoting That Guy
Quoting That Guy
So: The prosecution has the burden of always having to produce the physical survey in the courtroom, asked or unasked. Only then, instead of receiving it into evidence as an exhibit, the court can take judicial notice and (later) return it to the filing cabinet. [This is ostensibly because of the logistics of storing voluminous exhibits for the large number of traffic cases. Not that I've ever seen a traffic court ever keep exhibits once the verdict is delivered, unless explicitly asked. I believe the Ellis method would temporarily lodge the survey with the court (versus filing it or admitting it as an exhibit.). It could thus be added to any possible appellate record via a motion to augment.]
Quoting People v. Ellis (1995) 33 Cal. App. 4th Supp. 25, 28-29
To get back to the OP, if the officer had the physical survey in his hand and showed it to you and the judge, and the judge said "may be received by reference", that is the kind of judicial notice Ellis allows. All kosher there. It does mean that the court won't store the survey as an exhibit.
However, if you appeal, the appellate court will go strictly by what the record shows. If it does not show that the survey was physically produced, or that it was produced but the judge did not explicitly rule that it justified the speed limit, there's a good chance you could win.
Strictly, if the matter judicially noticed "is of substantial consequence to the determination of the action" (Evid. Code, sec. 455), the court can ONLY take judicial notice of the following items without requiring a copy be made available to the opposing party and listening to any objections/argument they may have:
Evid. Code 451. Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.
(b) Any matter made a subject of judicial notice by Section 11343.6, 11344.6, or 18576 of the Government Code or by Section 1507 of Title 44 of the United States Code.
(c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions Code and rules of practice and procedure for the courts of this state adopted by the Judicial Council.
(d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy.
(e) The true signification of all English words and phrases and of all legal expressions.