NJSBA Family Law Section

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  • 1.  Final Restraining Order Hearing, Evidence Questions

    Posted 06-02-2019 11:40 AM
    Hello everyone, 

    I have a final restraining order hearing this week, and am having some difficulty in understanding the rules of evidence. I would like to use audio recordings the defendant (my client) has to counter any points the plaintiff may make on her direct examination during my cross, or use as supporting evidence of my client's testimony under his direct. 

    My practice is mainly immigration, and the rules of evidence are extremely different, in that there hardly are any to follow.

    Any advice would be extremely helpful.

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    Pooja Mehta Esq.
    Iselin NJ

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  • 2.  RE: Final Restraining Order Hearing, Evidence Questions

    Posted 06-03-2019 09:05 AM
    You can try to get any thing in but you have to authenticate it, which is the hard part. If your client took the recording get it in through him or her. However if the other party denies being the one recorded you may need to get a voice expert and they can be costly and a long process which you may not have in a FRO hearing. Good luck!

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    Helen Dukhan Esq.
    Attorney
    Hackensack NJ
    (866)937-9990
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    Original Message


  • 3.  RE: Final Restraining Order Hearing, Evidence Questions

    Posted 06-03-2019 09:06 AM

    Make sure you copy the recordings to a CDROM or flash drive to be entered into evidence and given to the other side (playing them on a cell phone in court is not sufficient).  Have your client authenticate the recordings when you play them.

     

     

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    Original Message