Family law practitioners know that in this area of practice, perhaps more so than in any other practice, hearsay statements are often an important part of motions brought before the
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Evidence
Who’s Your Daddy?
In a recent case, Passaic County Board of Social Services on Behalf of T.M. v. A.S., the New Jersey Family Court encountered a unique set of facts. A mother…
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What Happens When the Judge Ignores Trial Stipulations
Trials in divorce matters are kind of like the Loch Ness monster – lots of people of heard of it, but few have actually seen it. The system is currently set up such that there are many vehicles to get people to a settlement. Moreover, most cases should be settled. In fact, as I have blogged in the past, the cases that often get tried are ones where one, if not both parties, are totally unreasonable and unrealistic. As noted in prior blogs,there are, however, bona fide cases that cannot be settled and must be tried.
Many judges have a pre-trial Order or letter citing requirements of things that must be done before trial. One of the things often on the list is that counsel are supposed to confer to to see if the can reach any stipulations as to facts, and sometimes legal issues. Court’s have noted that "stipulations serve as a tool that enables parties to avoid the expense, trouble, and delay of adducing proofs on facts that, absent a stipulation, are contestable." Though I have one colleague that refuses to enter in to stipulations because he feels that it throws off the flow or leaves holes in his presentation, generally, stipulations are a good thing because it cuts down on what is already limited trial time.
Courts often also require parties to confer about joint exhibits for the same reason. Once the parties agree, the exhibits are marked and should go into evidence without the need for authentication of other testimony. Examples of things that are commonly joint exhibits are tax returns, bank records, prior court orders and transcripts, credit card records, and the like.
The question then is, does a trial court have to accept the stipulation, and if they don’t, what is supposed to happen.
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Are Mediation Proceedings Really Sacred and Secret?
Generally speaking, New Jersey statutes and court rules cloak settlement negotiations with secrecy (legally, called a “privilege”) such that what goes on in those proceedings are not evidential, that is, they are “privileged” from being disclosed to a court.
Somewhat of an exception arises in cases in which the negotiations produce an oral agreement. Let’s first deal with this in the context of settlement negotiations not in the mediation context. Usually, it happens this way: the parties are participating in a “4-way” settlement session in which each party is present (either physically or by phone), as is their attorneys. Through the negotiations, agreement is reached as to the basic provisions such that both parties walk away from the session thinking that they have reached a binding agreement, albeit oral, subject only to “finalizing” it by reducing it to writing (and filling in details that would normally expand the basic terms during the drafting process), approved by the attorneys, and signed by the parties. One of the parties then changes his or her mind before any written agreement is signed. The other party says “wait a minute, you can’t do that, we had an oral agreement. You can’t change your mind.” The party backing off of the arrangement says “but we did not have a full agreement. There were many terms and details still to be negotiated.”Continue Reading Are Mediation Proceedings Really Sacred and Secret?
Whether it is on Facebook or Otherwise – Don't Believe Everything You Read
It has been said that Facebook is a treasure trove of evidence in divorce matters. We have previously blogged on how a person’s posts on social media sights can be…
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READ AARON WEEM'S POST ON SOCIAL MEDIA EVIDENCE
Aaron Weems is an attorney in our Warrington (Bucks County), Pennsylvania office and editor of the firm’s Pennsylvania Family Law Blog wrote an excellent post entitled Social Media Evidence. …
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Star-Ledger Addresses the Issue of Social Networking and Divorce
Following up on my recent blog entry talking about the impact of social networking sites such as Facebook and MySpace on the world of divorce, a recent article from the…
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Social Networking Sites – What You Say May Be Used Against You
In reading an article today from the New York Times entitled, Rise in Divorce Evidence from Social Websites, I was intrigued at how rapidly changing technology places a microscope…
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Appellate Division Focuses on Rules of Evidence at a Final Restraining Order Hearing
Victims of domestic violence often believe that they will be able to obtain a Final Restraining Order against their abuser simply because they were able to obtain the initial Temporary Restraining…
Evidentiary Standards When Custody Is At Stake
The rights of individuals who have children to parent is one of the most precious and protected while at the same time vulnerable and subject to termination when state agencies,…
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