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30 Jul 2010, 10:14 am by PaulKostro
., A-3265-08T2, July 29, 2010: Rule 2:2-3(a)(1) provides in pertinent part that “appeals may be taken to the Appellate Division as of right from final judgments of the Superior Court trial divisions. [read post]
30 Jul 2010, 10:11 am by PaulKostro
. __ (2010), A-58/59-09, July 29, 2010: The presence of a parent during a child’s police interrogation and confession is a “highly significant factor” in the totality of the circumstances analysis contemplated by State v. [read post]
30 Jul 2010, 10:06 am by PaulKostro
. __ (2010), D-157-08, July 29, 2010: Discipline for an attorney’s sexual misconduct has ranged from reprimands to disbarment. [read post]
27 Jul 2010, 9:55 am by PaulKostro
., A-3856-08T2 , July 27, 2010: Our courts have recognized that rescission of a contract is a remedy for a unilateral mistake under a narrow class of circumstances. [read post]
27 Jul 2010, 9:52 am by PaulKostro
., A-3950-08T1, July 27, 2010: New Jersey generally follows the “American Rule,” which provides that litigants are responsible for their own counsel fees and costs, regardless of the outcome. [read post]
27 Jul 2010, 9:41 am by PaulKostro
., A-3842-08T2, July 27, 2010: “The goal of equitable distribution . . . is to effect a fair and just division of marital assets. [read post]
27 Jul 2010, 9:38 am by PaulKostro
., A-2986-08T1, July 27, 2010: The Appellate Division “give[s] deference to a trial judge’s findings as to issues of alimony, if those findings are supported by substantial credible evidence in the record as a whole. [read post]
27 Jul 2010, 12:34 am by INFORRM
Mr Hudson  said the decision to allow only the judge to see Venables via videolink was a “very serious departure” from the principle of open justice, adding: “This is the first time ever that such a course has been adopted in relation to an adult criminal defendant. [read post]
26 Jul 2010, 8:12 am by PaulKostro
Div. 2010), A-2495-08, July 26, 2010: The pretrial intervention program (PTI), governed by N.J.S.A. 2C:43-12 to -22 and Rule 3:28, is a diversionary program that permits those charged with criminal conduct “to avoid criminal prosecution by receiving early rehabilitative services expected to deter future criminal behavior. [read post]
23 Jul 2010, 10:04 am by PaulKostro
., A-4242-08T3, July 23, 2010: Rule 1:7-4(a) expressly provides that a court shall “find the facts and state its conclusions of law . . . on every motion decided by a written order that is appealable as of right . . . . [read post]
23 Jul 2010, 9:58 am by PaulKostro
., A-4242-08T3, July 23, 2010: Rule 5:3-5(c) permits a court, in its discretion, to make an allowance for legal fees in a matrimonial action after considering a multitude of factors. [1] Gotlib v. [read post]
23 Jul 2010, 9:53 am by PaulKostro
., A-4242-08T3, July 23, 2010: Rule 4:49-2 provides: Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. [read post]
23 Jul 2010, 9:49 am by PaulKostro
., A-4242-08T3, July 23, 2010: If the combined net income of the parents is more than $187,200 per year [i.e. $3,600 per week], the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount based on the remaining family income (i.e., income in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23. [read post]
23 Jul 2010, 9:45 am by PaulKostro
., A-4242-08T3, July 23, 2010: Pursuant to the amendment to N.J.S.A. 2A:17-56.9a, “child support orders are no longer subject to automatic court reviews every three years. [read post]
23 Jul 2010, 9:38 am by PaulKostro
Div. 2010), A-6107-08, July 23, 2010: A complaint brought under the New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and a criminal proceeding brought for the same conduct “are separate and distinct matters. [read post]
23 Jul 2010, 9:32 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]