California, United States of America
The following excerpt is from M.J. v. Superior Court of San Diego Cnty., D069334 (Cal. App. 2016):
The juvenile court based its ruling on Evidence Code section 711 and the court's need to make essential credibility findings. Evidence Code section 711 provides that "[a]t the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose to attend and examine." A court may evaluate witness credibility by, among other methods, considering the witness's "demeanor while testifying and the manner in which he [or she] testifies." (Evid. Code, 780, subd. (a).) The probative value of witness demeanor is well settled. (See Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358 ["Oral testimony of witnesses given in the presence of the trier of fact is valued for its probative worth on the issue of credibility, because such testimony affords the trier of fact an opportunity to
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