New Case Limits Application of Hays v. Gama

A 2003 case, Hays v. Gama has been cited repeatedly, and often incorrectly, for the proposition that a trial court cannot exclude evidence that would tend to add information about a child’s best interests, no matter how late that evidence is produced or whether it violates disclosure requirements.   That misuse of the Hays findings is no longer the case, thanks to Johnson v. Provoyeur (2018). In the Johnson case, which was a contested parenting time proceeding, a comprehensive family evaluation (CFE) was conducted, and when the final report on the evaluation was delayed, a hearing was continued from November to the following February.   The hearing was continued because the report of Mother’s expert was disclosed one week after the required disclosure date.   Disclosure dates were extended for the new hearing, and final disclosure of expert opinions was due 60 days prior to the new March 6 hearing date. Mother again disclosed her…

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