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Family

May 2, 2024

For want of a nail: In re Marriage of Lietz

The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including family law cases. Sanchez held that experts can rely on hearsay in forming their opinions, but they cannot relate case-specific facts asserted in hearsay statements unless they are independently proven by competent evidence or are covered by a hearsay exception.

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The recent case of In re Marriage of Lietz ((2024) 99 Cal.App.5th 664) offers direction on the use of expert testimony in family law cases and provides some practical guidance that should be considered whenever expert testimony is presented in a trial or evidentiary hearing.

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