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The state Supreme Court recently ruled that the Contra Costa County Supreme Court violated state laws with a rule that prevented people in divorce trials from presenting an oral testimony.
Ruling Calls For New Trials
This ruling will have a huge impact on ongoing cases and will call for new trial courts in California.
Jeffrey Elkins, will now be issued a new trial since his divorce case was pending when the Contra Costa County Superior Court changed its procedure to permit oral testimonies.
Reasoning Behind the Old Rule
The Contra Costa Supreme Court originally developed the rule prohibiting oral testimony in hopes that it would speed along cases in its family law division.
Elkins claims the rule resulted in the court awarding all assets to his ex-wife because the court discounted all but two pieces of evidence he wanted to present at his hearing at the time.
Case Goes to Court of Appeals
The case will now go to the court of appeals and the Contra Costa court will reportedly continue to review its local procedures as it waits on the order.
“It’s going to affect a lot of counties trying to implement these types of rules, they’re not allowed to enforce rules that limit people’s rights except when authorized by state law,” explains attorney Garrett Dailey. “There are 58 counties, 58 sets of rules and penalties for violating rules can be severe.”
(Source: Contra Coast Times)
Are you currently going through a divorce? If so, please contact a divorce attorney today who will support you and lead you in the right legal direction.