NJSBA Family Law Section

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  • 1.  Evidence quickee / Excluded or not?

    Posted 05-05-2017 07:04 AM
    I just had a discussion with a fellow list member regarding an evidence issue:

    DV trial. Before trial, plaintiff sent defendant a letter saying that if would agree to financial terms and to give her custody, she would drop TRO.
    During the trial, she testifies she's mortally afraid of him.

    Is the letter:
    <x-tab>        </x-tab>A. Inadmissible settlement offer
    <x-tab>        </x-tab>B. Admissible to show a lack of genuine fear / impeachment of the claim of fear.

    One of us is focusing on the first underlined section (/bolded), one of us on the second underlined section.

    Rule 408. Settlement Offers and Negotiations
    When a claim is disputed as to validity or amount, evidence of statements or conduct by parties or their attorneys in settlement negotiations, with or without a mediator present, including offers of compromise or any payment in settlement of a related claim, shall not be admissible to prove liability for, or invalidity of, or amount of the disputed claim. Such evidence shall not be excluded when offered for another purpose; and evidence otherwise admissible shall not be excluded merely because it was disclosed during settlement negotiations.


    Thanks,

    <x-sigsep>

    David Perry Davis, Esq.
    -------------------------------------------
       www.FamilyLawNJ.pro
    -------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>


  • 2.  RE: Evidence quickee / Excluded or not?

    Posted 05-05-2017 07:06 AM
    option B. (it is being used to show that she is not afraid but abusing the system )

    Alice M. Plastoris, Esq.
    (973) 538-7070
    Sent from my iPad

    THIS IS A CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED COMMUNICATION.



    Original Message


  • 3.  RE: Evidence quickee / Excluded or not?

    Posted 05-05-2017 09:30 AM
    Admissible. Goes to credibility.  Lay your foundation properly.

    Masiel Valentin, Esq.

    Sent from my iPhone



    Original Message


  • 4.  RE: Evidence quickee / Excluded or not?

    Posted 05-05-2017 09:40 AM

    I agree with Alice that it is admissible. . . but them again, as with all issues, depends on your judge as to what will happen.

     

    Good luck!

     

     




    Original Message


  • 5.  RE: Evidence quickee / Excluded or not?

    Posted 05-05-2017 05:44 PM
    I would try because even if the judge rules that it's not admissible he will still hear it and know that the offer was made for what it's worth.

    Sent from my iPhone


    Original Message


  • 6.  RE: Evidence quickee / Excluded or not?

    Posted 05-05-2017 08:09 AM

    My opinion is the D counsel needs to try any and all options, not knowing which one will be successful, but this is one avenue to use, when offered for another purpose

     

    Thanks,


    Jason Flynn, Esq.
    Law Offices of Jason I. Flynn LLC

    77 Milltown Road – Suite C-6
    East Brunswick, New Jersey 08816

    (732) 210-2317 Office
    (201) 293-0445 Fax

    (201) 247-7667 Cell
    [email protected]

    www.jasonflynnlaw.com

     




    Original Message