Articles Posted in Rules of Court

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Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that have been approved by our Supreme Court to the Rules Governing the Courts of the State of New Jersey. Unlike last year, a number of these recent Rule Amendments directly impact upon Family Part Practice. A number were in response to statutory changes that recently went into effect. In light of the number involved, I will summarize and discuss these Amendments over the course of several blog posts. Court-Rules-2018-300x300

First, there have been a number of significant changes to Rule 5:3-5, the rule dealing with attorney’s fees, retainer agreements and withdrawal of counsel in Family Actions. Under Rule 4:42-9, an allowance for the awarding of attorneys fees in Family Actions is expressly authorized. Rule 5:3-5 set forth the procedural and substantive prerequisites and requirements for such fee applications, not only referring to the factors enumerated in the Rules of Professional Conduct (RPC 1.5(a)), but the provisions of Rule 4:42-9(b), (c), and (d).  Rule 4:42-9 (b) requires that all applications for the allowance of fees be supported by an affidavit of services addressing the factors in the RPC 1.5. Notwithstanding the fact that reference to this Rule was included already, the Supreme Court felt it prudent to repeat the language of Rule 4:42-9 (b) almost verbatim as new subsection Rule 5:3-5(d), and thereby avoid any doubt that all such applications for the allowance of fees be supported by an affidavit of services. As a result, former subsection (d) became subsection(e), dealing with withdrawal from representation.

In actuality, the most significant amendment to Rule\5:3-5 was the addition of subparagraph (e)(3) dealing with the handling of motions to withdraw from a procedural or scheduling basis. Often a breakdown in the attorney/client relationship occurs during the midst of the divorce litigation. Sometimes this occurs when there are other disputed issues that are being brought before the court by way of motion. The problem which often arose was how these substantive disputes would or could be addressed where a breakdown in one party’s attorney/client relationship had also lead to an application to withdraw or to be relieved being filed.  The new Rule 5:3-5(e)(3) attempts to address this predicament. This Rule provides that upon the filing of a motion or cross motion to be relieved as counsel, the court, absent good cause, shall sever all other relief sought by the motion or cross motion from the motion to be relieved as counsel, and whereby the court would first decide the motion to be relieved and, in the order either granting or denying the motion to be relieved include a scheduling order for the filing of responsive pleadings and the return date for all other relief sought in the motion or cross motion. This is obviously designed to avoid situations where the party and/or counsel are forced to address substantive matters when there has been a apparent breakdown of relationship and/or conflict between a party and his or her attorney at that juncture.

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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3).  In this case the defendant appealed from a final d744f80a269bdfa75c34d7830ed52c13-300x200restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The defendant claimed that the trial court abused its discretion in denying his request for a short adjournment of the April 14, 2016 hearing until his attorney could arrive at the courthouse. The series of events that led to the defendant being in court that day are as follows.  Continue reading

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Going through a divorce can be time consuming, expensive, and emotionally draining, among many other things. For this reason and more, many people try to rush the process and enter into an file0001849487704-300x225ill advised settlement agreement  on their own in order to obtain a quick divorce and move on with their lives sooner rather than later.  Conversely, other people prefer to stick their heads in the sand and do nothing when their spouse files a divorce complaint, which can lead to the entry of a default judgment of divorce by the court that is contrary to their best interest.  While taking either of these actions may work for some individuals, if such actions result in an unfavorable outcome, it can be costly and possibly difficult to correct, if they can be corrected at all. Continue reading

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SlashI was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”. (http://www.metro.us/entertainment/slash-claims-he-was-never-married-to-wife-of-15-years/zsJpjE—wsgif5AIi7dW6/). For those of you who don’t know, Slash, who’s legal name Saul Hudson (which better calls to mind the fictional character Saul Goodman of “Breaking Bad” and “Better Call Saul”),  is the prolific lead guitarist of the recently reformed rock group Guns N’ Roses.  Continue reading

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The Presidential election is about a month away, and one of the major issues of this election has been immigration.   Immigration is regulated under federal law, chiefly under the Immigration and

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Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control Act (IRCA), which was passed by the U.S. Congress in 1986 in an effort to curb illegal immigration.   The U.S. Supreme Court has has almost universally overruled any state’s efforts to regulate immigration, not only based upon the Supremacy Clause of the U.S. Constitution, but also to ensure a national standard on immigration rather than various patchwork laws by the individual states.  Family law, however, is an area that falls into the control of the individual state’s authority to legislate and govern. Continue reading

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It is hard to believe that the end of summer is fast approaching. Whether you consider the beginning of summer to be Memorial Day weekend or the 4th of July, it still seems like it was only yesterday. How time flies. Besides shorter days, cooler nights, school commencing, and packing away the swim suits, the end of summer ushers in another tradition which members of the legal community can look forward to – the Amendments to the New Jersey Court Rules. Gavel & book Continue reading