Robert Coleman Robert Coleman

Navigating the Admission of Declarations into Evidence in California Family Law: A Practical Framework for Practitioners

A Request for Order (RFO) hearing may be less formal than a trial, but the same rule governs both: the judge can only rely on evidence that is properly admitted into the record. If your declarations or exhibits are not admitted, they simply do not exist for the court’s purposes — no matter how compelling they may seem.

This article provides a practical, step-by-step framework for California family law practitioners on how to draft, prepare, and admit declarations in compliance with Family Code § 217, Rule 5.111, and CCP § 2009. It explains how to build declarations on admissible facts, avoid common evidentiary objections, conduct a meaningful meet-and-confer, and ensure your evidence is admitted whether the hearing proceeds by live testimony or submission on the pleadings.

Mastering these evidentiary requirements not only strengthens your presentation at the RFO hearing — it protects your client, enhances your credibility with the court, and improves the likelihood of achieving a favorable outcome.

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Robert Coleman Robert Coleman

Turning Shortcuts Into Setbacks: Why MPAs Matter in Family Court

A Memorandum of Points and Authorities (MPA) isn’t always required in family court — but skipping it often turns simple issues into confusion and higher costs. A clear MPA gives judges the roadmap they need: what you’re asking for, why, and the legal authority that supports it. When attorneys leave it out, they create uncertainty and weaken their advocacy.

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