What is the abuse of discretion standard for the admissibility of evidence in a family court case?

California, United States of America


The following excerpt is from Lewis v. Lewis (In re Lewis), F061164, Super. Ct. No. 426665 (Cal. App. 2012):

We review a ruling by the family court on the admissibility of evidence using the abuse of discretion standard. (People v. Guerra (2006) 37 Cal.4th 1067, 1140.) The family court has broad discretion in determining the relevance of evidence, but lacks discretion to admit irrelevant evidence or to reject relevant evidence for arbitrary or capricious reasons. Evidence is relevant if it has "any tendency in reason to prove or

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disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.)

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