Kelly Woodruff of the California Appellate Law Group Kelly Woodruff of the California Appellate Law Group

The California Rules of Court also specify that family law trial courts must receive live testimony where relevant and cannot resolve a disputed issue through summary adjudication or demurrer.

Seems simple, right? Indeed, the rule seems so clear that you might be forgiven for assuming a trial court's failure to give the parties a chance to offer live testimony would be an easy ground for reversal. But, unfortunately, it turns out that the failure to hold an evidentiary hearing isn't always a strong issue on appeal, depending on the context and how well trial counsel avoided forfeiture.