Some lawyers do that routinely. I don't understand that practice. If you file a motion or cross motion for counsel fees, either alone or in conjunction with other issues, how is the other party not entitled to file opposing papers before the return date? I don't believe in the waiting game, nor do I like it when others do it.
Seeking counsel fees for frivolous litigation (R. 1:4-8) is different. There, you have to prevail before you may seek them.
And if you seek them as part of a trial remedy, then normal practice is to wait until final submissions to present those proofs.
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 08-01-2013 18:54
From: Ashley Richardson
Subject: Affidavit of Services
Is anyone aware of case law stating that an affidavit of services may be submitted to the court after the motion is heard?
I have already looked into the rules and comments on this issue and could not find anything. Any help that you can provide would be greatly appreciated.
Thank you.
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Ashley Richardson, Esq.
Matawan, NJ
(732) 696-2500
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