If in a cohabitation case, there's better evidence to be obtained from the cohabitant (voting records, car registration, etc) than from the former spouse, I assume we should join that person as a "third party defendant for discovery purposes only"? In Robitzski, https://scholar.google.com/scholar_case?case=16937440413868625909 , the trial court ordered the cohabitant to produce discovery and provide a certification. The App Div notes "We have not been asked to address the propriety of this order directed to a non-party to the litigation."
Does anyone know the rule (and/or leading case) for doing this off the top of their head?
Or would it not necessarily be necessary - if the cohabitant could just be subpoenaed for a deposition and then to testify at the hearing?
What's the benefit of joining rather than just issuing a subpoena and deposing?
Thanks,
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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