NH Supreme Court is expanding the inapplicability the Rules of Evidence to additional areas of Family Law.
The Rules of Evidence are what determines which facts and documents are admitted into evidence and which are excluded from evidence. In other words, what a judge is permitted to consider in making a decision or not consider.
You may think this is a good thing, if you believe this means parties can tell the court everything and don’t have to be concerned with “technical matters.” Unfortunately, that’s not at all what this means.
Without having a set of rules to follow, judges can accept whatever evidence they want to hear, or don’t want to hear, on any given day, in any particular hearing, however reliable or unreliable that evidence may be. Since the parties really don’t know what the judge will do, until she or he rules, they have a difficult time preparing for such a hearing.