Ukiah, CA asked in Family Law for California

Q: Can I ask my ex’s witnesses about things that haven’t been brought up in the hearing? But it connects to the history?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, during a hearing, you are generally allowed to question your ex’s witnesses about relevant history connected to the case at hand, even if it has not been specifically brought up in the hearing, as long as it is within the scope of the direct examination and it relates to the issues being contested. However, the judge has discretion to limit questioning to prevent harassment, undue delay, or the introduction of evidence that is irrelevant, cumulative, or overly prejudicial. If the subject matter is outside the scope of direct examination, you may need the judge's permission to proceed, often by demonstrating the relevance of such history to the issues in the hearing.

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