CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Trials/Requests for Orders
.........Oral Testimony/Declarations
 11 Cards On This Topic:
  • Oral testimony permitted in trials and some motions.
  • Requirements for declarations in RFOs.
  • Motions to strike declarations.
  • Declarations in lieu of live testimony.
  • Absent a stipulation or finding of good cause, Fam. Code §217 requires a court to receive any live, competent, and admissible testimony that is relevant and within the scope of the hearing.
  • Court of Appeal accepts the trial court's determination of the credibility of witnesses presenting testimony by declaration.
  • The trial ct. abused its discretion by denying H's motion to terminate s/s without hearing any evidence; declarations are not evidence unless admitted into evidence.
  • RFOs may be decided on declarations unless the objecting party formally requests the other party appear for cross-examination.
  • No error to deny request to call minor children as witnesses at DVRO hearing when no witness list was served.
  • Oral testimony not required where no request is made and both sides submit the matter on the pleadings.
  • The trial ct. properly denied oral testimony where no material facts were in controversy and there was no need to assess the parties' credibility.


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