Opinion
2014-7005
02-19-2014
HOWARD NEWGARD, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States Court of Appeals for Veterans Claims in No. 12-1334, Chief Judge Bruce E. Kasold.
ON MOTION
PER CURIAM.
ORDER
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.
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
__________
Daniel E. O'Toole
Clerk of Court
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