Emerson Network Power Energy Sys., N. Am., Inc. v. Lorain Cnty. Bd. of Revision

1 Citing case

  1. Harrah's Ohio Acquisition Co. v. Cuyahoga Cnty. Bd. of Revision

    2018 Ohio 4370 (Ohio 2018)   Cited 11 times

    The general rule is that "new evidence may not be submitted after a hearing." Emerson Network Power Energy Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision , 149 Ohio St.3d 369, 2016-Ohio-8392, 75 N.E.3d 178, ¶ 20. Although judicial notice of a fact "may be taken at any stage of the proceeding," Evid.R. 201(F), it is not "an exception to the rule that evidence must be timely offered in a judicial proceeding," AP Hotels of Illinois, Inc. v. Franklin Cty. Bd. of Revision , 118 Ohio St.3d 343, 2008-Ohio-2565, 889 N.E.2d 115, ¶ 8, fn. 1. The school board attempted to rely on Evid.R. 201 three months after the hearing closed.