California, United States of America
The following excerpt is from Juan E. v. Johnny L., F061729, Super. Ct. No. AD000052 (Cal. App. 2011):
Father relies on Neumann v. Melgar, supra, 121 Cal.App.4th 152. In that case, an evaluator's report was filed prior to trial, but "[n]either party requested that the report be admitted into evidence or considered by the court." (Id. at p. 168.) At a hearing on the father's motion for a new trial, "the court initially believed it had reviewed the evaluator's report, but noted the record did not reflect such a review, and [the court] was willing to defer to the record. The court also recalled the report was outdated, although counsel for both parties agreed it was not." (Id. at pp. 168-169.) Based on these circumstances, the appellate court concluded that the trial court had not reviewed the evaluator's report. (Id. at p. 169.)
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