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If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the basis for a motion to vacate a judgment is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation was made with intent that
15 Jul 2010, 10:05 am by PaulKostro
Shaw v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are circumstances where previously known facts and information, properly established and relevant to such issues as child support, are brought to the attention of the court, and they should not, as a matter of law, be barred or disregarded
15 Jul 2010, 9:59 am by PaulKostro
Law Lessons from BARBARA SAVINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One person is in privity with another and is bound by and entitled to the benefits of a judgment as though he was a party when there is such an identification of interest between the two as to represent the same legal right
15 Jul 2010, 9:50 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
John Yoo, Richard Epstein, and Liz Wurtzel Walk Into a Bar….
14 Jul 2010, 9:10 am by David Lat
So how would you react to learning of a three-way debate between Wurtzel, Epstein, and Yoo — in which the dynamic is not La Wurtzel v. [read post]
Above the Law - http://abovethelaw.com/
Child custody in a military family
13 Jul 2010, 1:56 pm by PaulKostro
See Faucett v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When custody is at issue, the court may on its own motion or at the request of a litigant conduct an in camera interview with the child
13 Jul 2010, 9:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court has the discretion to exercise the remedy of enjoining or conditioning a litigant’s ability to present his or her claim to the court
13 Jul 2010, 9:39 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the moving party has established a prima facie showing of changed circumstances warranting relief, the court has the right to order full discovery regarding the financial circumstances of the other spouse
13 Jul 2010, 9:35 am by PaulKostro
” Isaacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Responsibility for sidewalk accidents
12 Jul 2010, 9:20 am by PaulKostro
Mirza v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Procedure under the Prevention of Domestic Violence Act
12 Jul 2010, 9:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Summary Judgment appellate review
12 Jul 2010, 9:05 am by PaulKostro
Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Q2 2010 Quick Links Part 3 (Special Facebook Edition)
11 Jul 2010, 12:30 pm by Eric
One they missed: Facebook v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
In exercising its discretion as to the mode and scheduling of disposition of motions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar a
8 Jul 2010, 11:18 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts which are neither of record, judicially noticeable, nor stipulated, that a party attempts to present by way of oral argument do not constitute cognizable facts
8 Jul 2010, 11:15 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be entitled to a hearing on whether a previously-approved support award should be modified, the party moving for the modification “bears the burden of making a prima facie showing of changed circumstances
8 Jul 2010, 10:53 am by PaulKostro
Harrington v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the primary objectives of the Uniform Child Custody Jurisdiction and Enforcement Act was to prioritize home state jurisdiction over other bases for a state assuming jurisdiction of a child custody dispute
8 Jul 2010, 10:44 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A jural act may at times be a judge’s oral pronouncement of judgment and not necessarily a later memorializing order
8 Jul 2010, 7:49 am by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues