NJSBA Family Law Section

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  • 1.  Discovery under the PDVA

    Posted 05-29-2015 04:17 PM
    What discovery is a defendant (my client) entitled to when appealing an ex
    parte TRO?

    The TRO is as bogus as they come.

    Any help is appreciated.

    --

    William N. Sosis, Esq.
    Sosis Law, LLC
    200 Passaic Street, Suite 3
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  • 2.  RE: Discovery under the PDVA

    Posted 05-30-2015 06:37 AM
    None without leave of court. See Depos v. Depos, 307 N.J. Super. 396 (Ch.
    Div. 1997) (Judge Dilts's thorough analysis of R. 5:5-1 and the PDVA).

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street, Suite 501
    Somerville, N.J. 08876
    p: 908.864.7884
    f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com


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    Original Message


  • 3.  RE: Discovery under the PDVA

    Posted 05-30-2015 02:50 PM

    As Raj said, Depos is "the" case on this issue.  In the unlikely event you need to cite a higher court, Depos has been cited many times by many courts:  https://scholar.google.com/scholar?start=10&q=depos+violence&hl=en&scisbd=2&as_sdt=4,31

    Generally, if you have the defendant it's going to be easier to get discovery since the restraints stay in place in the interim.  Example of cases I was involved with where it was ordered.... To get copies of text messages from the carrier when there was an allegation they'd been manipulated, to get security camera video footage, to get proof as to where texts originated, and to prove someone's location via cell tower hits.

    You make reference to "an appeal."  Do you mean you're filing a request to review the terms of a TRO (e.g., to get parenting time pending trial, especially if first return date is adjourned)?  I don't see getting separate discovery ordered for that, all the allegations of the complaint are taken as true for such an application.  I have, however, supported such requests with certifications (as to parenting, etc).


    ------------------------------
    - Dave

    Sent from my iPhone 

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
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