“Family Code section 217 protects litigants’ right to present their case by requiring the court to allow competent and relevant live testimony at any hearing, RFO or noticed motion. Fam. Code sec. 217[a]. Additionally the court may ask questions of the parties. Id. If the court refuses to receive live testimony, the court must make a finding of good cause and state its reasons on the record. Fam. Code sec. 217[b]. New Family Code section 217 also requires a party seeking to present live testimony from non-party witnesses to submit a witness list. Fam. Code sec. 217[c]. The witness list must include a brief description of the anticipated testimony. Id. The witness list must be filed in court and served on the other party along with the other RFO or Responsive Declaration pleadings. Cal. Rules of Court 5.113.”
[California Family Law Basics [certain citations omitted]]
