NJSBA Family Law Section

I have been confused by this since the courts implemented the new filing procedures/forms for FD Matters.  Does anybody know the actual filing deadlines for cross-motions and reply certifications in FD Matters?

I reviewed Judicial Directive #08-11 (dated 9-2-2011) regarding the filing of FD matters.  (available here: http://www.judiciary.state.nj.us/directive/2011/dir_08_11.pdf)  While not providing specific deadlines, it refers to the approved FD forms which state a "written response must be filed with the court ten calendar days after being served this application/cross-application."  

This directive states all FD matters must be initially heard as "summary actions, with additional discovery at the discretion of the judge."  I presume this means the parameters of Rule 5:6 apply (Summary action for support) (http://www.judiciary.state.nj.us/rules/r5-6.htm) even when the matter involves custody and parenting time issues.

However, Rule 5:6 does not list any deadlines for paperwork.  We all know the deadlines set forth in Rule 5:5-4(c) for regular motions (http://www.judiciary.state.nj.us/rules/r5-5.htm) - 15 days before the motion hearing for cross-motions/oppositions and 8 days prior for reply certifications.  Again, I presume judicial directive #08-11 supersedes the time limits set forth in Rule 5:5-4(c), but it seems inherently inconsistent and unfair to me.  Why are time limits in FD motions dated from the time of service whereas FM motions are dated prior to the hearing date?

Given the above, if I am objecting to a "late" submission from an adversary, should I cite both the Judicial Directive with the FD Forms as well as Rule 5:5-4(c)?  How do you guys handle these issues?  

I appreciate your thoughts and input,


-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------

Gregory:

I urge you and others to attend the matrimonial Boardwalk seminars of NJAJ (formerly ATLA-NJ) this year on April 18 and 19. Among other great programs, including a discussion of Sheridan issues, Palimony and the Statute of Frauds, Critical Financial Errors in Divorce, Civil Unions and an amazing 2 hour program focusing on use of technology in court and mock trial using technology with Jonathan Lomurro, Steve Enis, Stephanie Lomurro and Rob Kleeger, we have a program on Friday morning, April 19, specifically focusing on FD motions and the horror show that they have often become. The link for the seminars is found here: http://www.nj-justice.org/NJ/index.cfm?event=showPage&pg=bwmat05

To specifically answer your question, it is really a matter of fairness. If you know what judge is assigned to the matter (or hearing officer), contact their chambers and explain the problem. That's the best way to deal with this problem and be sure you are satisfying the person making the decision.

I look forward to seeing as many of you as possible in Atlantic city in April.


-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 02-07-2013 13:30
From: Gregory Thomlison
Subject: FD Filing Deadlines?

I have been confused by this since the courts implemented the new filing procedures/forms for FD Matters.  Does anybody know the actual filing deadlines for cross-motions and reply certifications in FD Matters?

I reviewed Judicial Directive #08-11 (dated 9-2-2011) regarding the filing of FD matters.  (available here: http://www.judiciary.state.nj.us/directive/2011/dir_08_11.pdf)  While not providing specific deadlines, it refers to the approved FD forms which state a "written response must be filed with the court ten calendar days after being served this application/cross-application."  

This directive states all FD matters must be initially heard as "summary actions, with additional discovery at the discretion of the judge."  I presume this means the parameters of Rule 5:6 apply (Summary action for support) (http://www.judiciary.state.nj.us/rules/r5-6.htm) even when the matter involves custody and parenting time issues.

However, Rule 5:6 does not list any deadlines for paperwork.  We all know the deadlines set forth in Rule 5:5-4(c) for regular motions (http://www.judiciary.state.nj.us/rules/r5-5.htm) - 15 days before the motion hearing for cross-motions/oppositions and 8 days prior for reply certifications.  Again, I presume judicial directive #08-11 supersedes the time limits set forth in Rule 5:5-4(c), but it seems inherently inconsistent and unfair to me.  Why are time limits in FD motions dated from the time of service whereas FM motions are dated prior to the hearing date?

Given the above, if I am objecting to a "late" submission from an adversary, should I cite both the Judicial Directive with the FD Forms as well as Rule 5:5-4(c)?  How do you guys handle these issues?  

I appreciate your thoughts and input,


-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------

I'm there!  And we get tons of credits, besides.

-------------------------------------------
Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

-------------------------------------------






Original Message:
Sent: 02-07-2013 17:28
From: Robert Goldstein
Subject: FD Filing Deadlines?

Gregory:

I urge you and others to attend the matrimonial Boardwalk seminars of NJAJ (formerly ATLA-NJ) this year on April 18 and 19. Among other great programs, including a discussion of Sheridan issues, Palimony and the Statute of Frauds, Critical Financial Errors in Divorce, Civil Unions and an amazing 2 hour program focusing on use of technology in court and mock trial using technology with Jonathan Lomurro, Steve Enis, Stephanie Lomurro and Rob Kleeger, we have a program on Friday morning, April 19, specifically focusing on FD motions and the horror show that they have often become. The link for the seminars is found here: http://www.nj-justice.org/NJ/index.cfm?event=showPage&pg=bwmat05

To specifically answer your question, it is really a matter of fairness. If you know what judge is assigned to the matter (or hearing officer), contact their chambers and explain the problem. That's the best way to deal with this problem and be sure you are satisfying the person making the decision.

I look forward to seeing as many of you as possible in Atlantic city in April.


-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 02-07-2013 13:30
From: Gregory Thomlison
Subject: FD Filing Deadlines?

I have been confused by this since the courts implemented the new filing procedures/forms for FD Matters.  Does anybody know the actual filing deadlines for cross-motions and reply certifications in FD Matters?

I reviewed Judicial Directive #08-11 (dated 9-2-2011) regarding the filing of FD matters.  (available here: http://www.judiciary.state.nj.us/directive/2011/dir_08_11.pdf)  While not providing specific deadlines, it refers to the approved FD forms which state a "written response must be filed with the court ten calendar days after being served this application/cross-application."  

This directive states all FD matters must be initially heard as "summary actions, with additional discovery at the discretion of the judge."  I presume this means the parameters of Rule 5:6 apply (Summary action for support) (http://www.judiciary.state.nj.us/rules/r5-6.htm) even when the matter involves custody and parenting time issues.

However, Rule 5:6 does not list any deadlines for paperwork.  We all know the deadlines set forth in Rule 5:5-4(c) for regular motions (http://www.judiciary.state.nj.us/rules/r5-5.htm) - 15 days before the motion hearing for cross-motions/oppositions and 8 days prior for reply certifications.  Again, I presume judicial directive #08-11 supersedes the time limits set forth in Rule 5:5-4(c), but it seems inherently inconsistent and unfair to me.  Why are time limits in FD motions dated from the time of service whereas FM motions are dated prior to the hearing date?

Given the above, if I am objecting to a "late" submission from an adversary, should I cite both the Judicial Directive with the FD Forms as well as Rule 5:5-4(c)?  How do you guys handle these issues?  

I appreciate your thoughts and input,


-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------

Great to here, Mary Jane.

It is a great program and I will be happy to buy you a drink that Thursday night. If you are staying over, try to reserve your room now.

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 02-07-2013 17:53
From: Mary Jane Leland
Subject: FD Filing Deadlines?

I'm there!  And we get tons of credits, besides.

-------------------------------------------
Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

-------------------------------------------






Original Message:
Sent: 02-07-2013 17:28
From: Robert Goldstein
Subject: FD Filing Deadlines?

Gregory:

I urge you and others to attend the matrimonial Boardwalk seminars of NJAJ (formerly ATLA-NJ) this year on April 18 and 19. Among other great programs, including a discussion of Sheridan issues, Palimony and the Statute of Frauds, Critical Financial Errors in Divorce, Civil Unions and an amazing 2 hour program focusing on use of technology in court and mock trial using technology with Jonathan Lomurro, Steve Enis, Stephanie Lomurro and Rob Kleeger, we have a program on Friday morning, April 19, specifically focusing on FD motions and the horror show that they have often become. The link for the seminars is found here: http://www.nj-justice.org/NJ/index.cfm?event=showPage&pg=bwmat05

To specifically answer your question, it is really a matter of fairness. If you know what judge is assigned to the matter (or hearing officer), contact their chambers and explain the problem. That's the best way to deal with this problem and be sure you are satisfying the person making the decision.

I look forward to seeing as many of you as possible in Atlantic city in April.


-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 02-07-2013 13:30
From: Gregory Thomlison
Subject: FD Filing Deadlines?

I have been confused by this since the courts implemented the new filing procedures/forms for FD Matters.  Does anybody know the actual filing deadlines for cross-motions and reply certifications in FD Matters?

I reviewed Judicial Directive #08-11 (dated 9-2-2011) regarding the filing of FD matters.  (available here: http://www.judiciary.state.nj.us/directive/2011/dir_08_11.pdf)  While not providing specific deadlines, it refers to the approved FD forms which state a "written response must be filed with the court ten calendar days after being served this application/cross-application."  

This directive states all FD matters must be initially heard as "summary actions, with additional discovery at the discretion of the judge."  I presume this means the parameters of Rule 5:6 apply (Summary action for support) (http://www.judiciary.state.nj.us/rules/r5-6.htm) even when the matter involves custody and parenting time issues.

However, Rule 5:6 does not list any deadlines for paperwork.  We all know the deadlines set forth in Rule 5:5-4(c) for regular motions (http://www.judiciary.state.nj.us/rules/r5-5.htm) - 15 days before the motion hearing for cross-motions/oppositions and 8 days prior for reply certifications.  Again, I presume judicial directive #08-11 supersedes the time limits set forth in Rule 5:5-4(c), but it seems inherently inconsistent and unfair to me.  Why are time limits in FD motions dated from the time of service whereas FM motions are dated prior to the hearing date?

Given the above, if I am objecting to a "late" submission from an adversary, should I cite both the Judicial Directive with the FD Forms as well as Rule 5:5-4(c)?  How do you guys handle these issues?  

I appreciate your thoughts and input,


-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------