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Cases of Interest: Evidence
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ALASKA: Gallant v. Gallant, 945 P.2d 795 (Alaska 1997).
The wife's actions during the parties' divorce case did not prevent the parties from litigating on an equal plane so as to require an award of attorney's fees to the husband.
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CONNECTICUT: Gomeau v. Gomeau, 242 Conn. 202, 698 A.2d 818 (1997).
The trial court abused its discretion by refusing to permit the husband to testify in rebuttal concerning financial transactions and assets about which the wife's counsel had cross-examined him during his case-in-chief.
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INDIANA: Kerkhof v. Kerkhof, 703 N.E.2d 1108 (Ind. Ct. App. 1998).
By failing to respond to the wife's request for admission that her share of the marital estate was at least $150,000, the husband caused that fact to be conclusively established, but the trial court should have considered the husband's request to withdraw the admission.
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NEW YORK: Maillard v. Maillard, ___ A.D.2d ___, 663 N.Y.S.2d 67 (1997).
The wife was properly precluded from offering evidence about a business venture in view of her willful, deliberate, and contumacious lack of cooperation when asked about the business at her deposition.
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VIRGINIA: Utsch v. Utsch, 28 Va. App. 450, 565 S.E.2d 345 (2002).
At an equitable distribution hearing, the husband argued that the marital residence had not been transmuted into marital property under Va. Code Ann. 20-107.3(A)(3)(d) because his separate portion of the property was retraceable and was not a gift. He asserted that the conveyance was accomplished without his intent to make a completed gift it was a mere transfer of title necessary to obtain a refinancing of the property.
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