Volk v. Brame
Court of Appeals of Arizona
1Opinion of the Court
OPINION
SWANN, Judge.
¶ 1 This case requires us to reaffirm the importance of due process in family court. Kenneth A. Volk (“Father”) petitions for special action relief from the family court’s order modifying his child support obligation. He contends that the court denied him a meaningful opportunity to be heard and to confront adverse evidence during the hearing from which the order was issued. We agree. We hold that when the resolution of an issue before the court requires an assessment of credibility, the court must afford the parties an opportunity to present sworn oral testimony, and may…
2Cases cited23 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Orme School v. ReevesArizona Supreme Court · 1990
- Turner v. RogersSupreme Court of the United States · 2011
- American-Arab Anti-Discrimination Committee v. RenoCourt of Appeals for the Ninth Circuit · 1995
- Brown v. United States Fidelity & Guaranty Co.Court of Appeals of Arizona · 1999
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3Cited by21 opinions
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- Birnstihl v. BirnstihlCourt of Appeals of Arizona · 2018
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