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FD hearings - order of cases

  • 1.  FD hearings - order of cases

    Posted 12-14-2016 12:51 PM

    In FD cases, when there is a court hearing (such as child support), aren't the judges supposed to take the cases with at least 1 attorney before the pure pro se cases? They certainly do not follow this in Essex where one can wait several hours for a case to be called, which makes it more difficult (or impossible) for lesser income litigants to be able to pay an attorney to wait in court all day.

    ------------------------------
    Leslie Farber Esq.
    Montclair NJ
    (973)509-8500
    ------------------------------


  • 2.  RE: FD hearings - order of cases

    Posted 12-14-2016 12:55 PM
    That is the new normal.

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  • 3.  RE: FD hearings - order of cases

    Posted 12-14-2016 01:26 PM
    I do not believe that there is any rule requirement for a judge to take cases with lawyers first but many judges do take lawyer cases first, recognizing that the clients are paying for their lawyers time. 
    Many judges also remember being lawyers in the trenches and  extend the courtesy to lawyers still in those trenches by taking their cases first. 

    Richard Diamond
    Diamond and Diamond
    225 Millburn Avenue, Suite 208
    Millburn NJ 07041
    973-379-9292




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  • 4.  RE: FD hearings - order of cases

    Posted 12-14-2016 01:43 PM

    It's not just a courtesy to the attorneys, it's a courtesy to litigants who are paying for that attorney.

     

    C. Megan Oltman

    Oltman Law & Mediation

    475 Wall St

    Princeton, NJ 08540

    http://moltmanlaw.com

    (609) 947-0784

     

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  • 5.  RE: FD hearings - order of cases

    Posted 12-14-2016 01:46 PM
    There had been a time that the theory was that (in addition to courtesy and economics) since lawyers might have to be before other judges, that lawyer cases would move 1st. However, as a practical matter, Judges often time believe that the Court can move more pro se matters than Esq matters.


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  • 6.  RE: FD hearings - order of cases

    Posted 12-14-2016 03:26 PM
    In municipal court, there is a rule or AOC edict to take cases with attorneys first

    Leslie A. Farber
    Attorney at Law
    33 Plymouth Street, Suite 204
    Montclair, NJ 07042
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  • 7.  RE: FD hearings - order of cases

    Posted 12-14-2016 04:02 PM
    A judge just announced in court on Monday there was a court rule that said she had to take Lawyers first.  Never heard that one before!

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  • 8.  RE: FD hearings - order of cases

    Posted 12-14-2016 04:27 PM

    Do tell – what courthouse were you in???

     

    Albertina Webb, Esq.

     

    83 South Street, Suite 302

    Freehold, NJ 07728

    Tel. 732.409.1144

    Fax 732.409.0350

     

     




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  • 9.  RE: FD hearings - order of cases

    Posted 12-14-2016 04:35 PM
    It is my understanding that Rule 7:14-3 requires a Judge of the Municipal Court to give priority to attorney matters "to the extent possible."

    Justin M. Smigelsky, Esq. 
     

    Timothy J. Little, P.C.

    Attorneys At Law

    517 Amboy Avenue

    Woodbridge, New Jersey 07095

    Tel: (732) 634-5512

    Fax: (732) 634-5562

    www.timothyjlittlelaw.com

     

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  • 10.  RE: FD hearings - order of cases

    Posted 12-14-2016 04:37 PM

    Is there not a corresponding rule for civil and family matters???   I thought that periodically the AOC sends out an "advisory" to judges, though I may be mistaken.  The Section needs to get on this.

     

    Nancy D. Gold, Esquire

    1300 Route 73, Suite 211

    Mount Laurel, NJ 08054

    Phone: (856) 505-1700, ext. 207

    Fax: (856) 505-1710

     

     

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  • 11.  RE: FD hearings - order of cases

    Posted 12-14-2016 10:12 PM
    I suggest simply reaching out to the Presiding Judge in Family to
    request that he direct the judges to give that consideration to
    attorneys whenever possible.


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  • 12.  RE: FD hearings - order of cases

    Posted 12-14-2016 11:01 PM
    Attorney cases should always be called first, since we other courts
    to appear in. Judges who ignore that are inefficient and not professional.



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  • 13.  RE: FD hearings - order of cases

    Posted 12-15-2016 09:44 AM

    Over the summer, a new Judge, who previously practiced in Essex, made my adversary and I wait over an hour while taking all pro se cases.  I asked the court officer if we could go next since there were two represented parties and it would take 10 minutes tops.  Court officer gave me a not so nice response and told us to wait.  We finally went down the hall and asked the presiding judge to hear our put through on the record.  Presiding judge took it immediately.

     


    3314.gif

    Misty A. Velasques Avallone, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Attorney cases should always be called first, since we other courtsto appear in. Judges who ignore that are inefficient and not professional. -posted to the "Family Law Section" community

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    Re: FD hearings - order of cases

    Dec 14, 2016 11:01 PM

    H. Robert Boney, Esq

    Attorney cases should always be called first, since we other courts

    to appear in. Judges who ignore that are inefficient and not professional.




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    Original Message

    In FD cases, when there is a court hearing (such as child support), aren't the judges supposed to take the cases with at least 1 attorney before the pure pro se cases? They certainly do not follow this in Essex where one can wait several hours for a case to be called, which makes it more difficult (or impossible) for lesser income litigants to be able to pay an attorney to wait in court all day.

    ------------------------------
    Leslie Farber Esq.
    Montclair NJ
    (973)509-8500
    ------------------------------



     

     

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    Original Message------

    Attorney cases should always be called first, since we other courts
    to appear in. Judges who ignore that are inefficient and not professional.




  • 14.  RE: FD hearings - order of cases

    Posted 12-15-2016 08:03 PM
    Agree that this is worthy of a letter to the PJFP from the Family section of your County Bar Association.

    Or, better yet (or in combination) -- doesn't every county or vicinage have a Family Bench-Bar meeting every couple of months?  This would seem like the place to raise this, stressing that it's showing consideration to the litigants who have to pay counsel to be there.

    And, secondarily, it's considerate to us since most of us reduce the bill and knock off some of the waiting time - because it's fair and because I think most Fee Arb committees would do so if a case ever ends up there. I usually reflect the whole time on the description of services, bolding the actual time spent and then reduce it on the bill. Clients and, again, Fee Arb if you end up having to go, appreciate it (e.g., Drive to Superior Court - Mercer / Conference with client at courthouse and prepare for appearance / appear on record and argue motion and cross application / Drive from Mercer  12:22-3:16   2.7 hrs   then  1.9  in the "time billed" column).


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  • 15.  RE: FD hearings - order of cases

    Posted 12-16-2016 09:31 AM

    This has been discussed long ago at our Middlesex County meetings with the AJ and Family Part PJ.

     

    I do not believe this is a significant issue in Middlesex.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
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  • 16.  RE: FD hearings - order of cases

    Posted 12-15-2016 08:06 AM
    My experience is that prisoner and interpreter cases have first priority. 


    Jordan A. Stern, Esq. 
    Law Office Of Jordan A. Stern LLC
    244 Green Village Road
    Madison, NJ 07940
    (973) 632-3526


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