Family,
California Courts of Appeal
Mar. 29, 2018
The death of declarations
Absent a codified exception, party declarations in family law matters are now disallowed if there is no opportunity for cross-examination.
Andrew D. Cook
Andy is a family law attorney in San Diego. He is a certified family law specialist by the State Bar Board of Legal Specialization.
Family Code Section 217 provides, "absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing."
Now, the Division 2 of the 2nd District Court of Appeal in Los Angeles has held that Section 217 not only requires the admissibility of relevant live evidence, but it precludes<...
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