When will the Court consider evidence that was not proffered or admitted into evidence at the hearing?

California, United States of America

The following excerpt is from Gray v. Gray (In re Gray), A135328, A135480 (Cal. App. 2014):

In support of her argument regarding the commissioner's failure to consider the children's declarations, mother asks us to also consider evidence that was neither proffered nor admitted into evidence at the hearing before the commissioner. However, as an appellate court we are "limited to a consideration of the matter contained in the record" of the proceedings before the commissioner. (People v. Siplinger (1967) 252 Cal.App.2d 817, 825.) To now consider this evidence would be " 'in contravention of the general rule that an appellate court generally is not the forum in which to develop an additional factual record . . . .' " (People v. Jenkins (2000) 22 Cal.4th 900, 952-953.)

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