How much time, effort, and expense will the court have to spend presenting evidence at a good faith hearing?

California, United States of America

The following excerpt is from Tech-Bilt, Inc. v. Woodward-Clyde & Associates, 213 Cal.Rptr. 256, 38 Cal.3d 488, 698 P.2d 159 (Cal. 1985):

In a complicated case, the time, effort, and expense involved in presenting evidence on all these issues will be considerable. While the trial court has the discretion to determine the good faith issue on the basis of affidavits alone ( 877.6, subd. (b)), this court cannot predict the percentage of cases in which live testimony will be necessary. The good faith hearings mandated by the majority's decision promise to be lengthy, complex and hotly contested. In my view, they will overburden the courts and severely strain the resources of the parties. (See Dompeling v. Superior Court, supra, 117 Cal.App.3d at p. 810, 173 Cal.Rptr. 38.)

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