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ADM F. 500 (Rev. 03 /22) Order and Judgment
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
)
J oeTheBeastPro )
----------------)Plaintiff )
)
V. ) DOCKET NO. RSC-CV-3363
TidesAegis )
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Defendant )
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ORDER GRANTING DEFENDANT'S MOTION FOR RECONSIDERATION
This matter comes before the Court on Defendant TidesAegis's Motion for
Reconsideration of the ruling and verdict. The Defendant argues that the Court improperly used
judicial notice and failed to adhere to the burden of proof standards, claiming that the Plaintiff
did not establish all the necessary elements to prove his case.
FINDINGS
The Court acknowledges that its initial ruling relied upon evidence without proper adherence to
the procedural requirements for judicial notice. The Defendant asserts, and the Court agrees, that a
judge's findings of fact must be grounded in evidence presented by the parties during trial, and that
judicial notice should be used sparingly and only in cases of indisputable facts.
It is the Plaintiff's burden to prove all elements of the claim, including the absence of
legal justification for the alleged wrongful act. Upon review, the Court finds that the Plaintiff did
not meet this burden. The Defendant correctly argues that the Plaintiff has merely established
that a death occurred, without proving that the Defendant's actions lacked legal justification.
The Court further recognizes that it improperly applied judicial notice to rlements that
required evidentiary support. As cited by the Defendant, judicial notice should be reserved for
facts that are beyond reasonable dispute, not for contested issues such as liability or justification.
CONCLUSION
IT IS THEREFORE ORDERED that the Defendant's Motion for Reconsideration is hereby
GRANTED. The prior judgment finding the Defendant liable is VACATED. A finding ofNQI
LIABLE is hereby entered against the defendant.
SO ORDERED, ADJUDGED AND DECREED.
At Palmer, Ridgeway, this 13th day of January, 2025.
SUPERIOR COURT JUDGE
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Jul 29, 2024 12:00 PM
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COMPLAINT
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joethebeastpro
Notes
MotionRuling_RSC-CV-3363_1158-011625.pdf — archived from the Trello docket (https://trello.com/c/GS5OwFQS)
