[Download] "Reifler V. Superior Court Of Los Angeles County" by Second Appellate District, Division One Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: Reifler V. Superior Court Of Los Angeles County
- Author : Second Appellate District, Division One Court of Appeal of California
- Release Date : January 24, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In this petition for writ of mandate, we consider: (1) the power of the trial court to require that issues arising in postjudgment proceedings in marital dissolution matters be submitted upon affidavits or declarations,*fn1 excluding testimonial evidence; and (2) the validity of an unwritten trial court "policy" requiring that such a procedure be employed. We conclude that to the extent the postjudgment proceedings arise on motion as that term is defined in Code of Civil Procedure section 1003, the trial court is vested with discretion to exclude oral testimony and require submission upon declarations. We conclude also that the discretion is one which must be exercised by the trial judge and that a general court "policy" may not be substituted for exercise of discretion.