Reifler v. Superior Court

Opinion

THOMPSON, J.

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, 1 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…