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Family,
California Supreme Court

Dec. 31, 2015

Unintended consequences

A state Supreme Court case may have unintended consequences for unrepresented family law litigants in 2016.

Thomas M. Hall

PO Box 49820
Los Angeles , CA 90049

Phone: (310) 231-3475

Email: TomHallFamilyLaw@aol.com

Loyola Law School

Thomas is a certified specialist in family law practicing in West Los Angeles.

See more...

In 2007, as many of 80 percent of family law cases involve at least one unrepresented litigant. Elkins v. Superior Court, 41 Cal.4th 1337 (2007). The Elkins court was relying on 2004 statistics, long before the 2008 recession made even more people unable to afford attorneys. The court held that all family law litigants have the right to present evidence, and that those rights can't be cut off by local procedural rules.

Elkins concerned the rights of indi...

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