NJSBA Family Law Section

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  • 1.  Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 01:56 PM
    Listmates:  

    This case is now on its FOURTH judge, and a Motion for Reconsideration has been filed to reconsider the decision of the trial judge following testimony of psychological expert, as well as multiple motions heard by that judge. The trial judge has been transferred to another, adjacent, county, though still sitting in Family Part.  Shouldn't she hear the Motion for Reconsideration?  Does anyone know of any authority?

    Private replies only, please.

    TIA

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    Nancy Gold Esq.
    Mount Laurel NJ
    (856)505-1700
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  • 2.  RE: Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 02:35 PM
    Take a look at comments to R. 4:50-1 and Quagliato v. Bodner, 115 N.J. Super. 133 (App. Div. 1971).

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    Michael A. Conte, Esquire
    Ulrichsen Rosen & Freed LLC
    114 Titus Mill Road, Unit 200
    Pennington, NJ 08534
    Direct Dial: (609) 559-1959









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  • 3.  RE: Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 02:52 PM
    A motion for reconsideration must be heard by the same judge that issued the underlying order: 
    O'Brien v. O'Brien, 259 N.J. Super 402, 406 (App. Div. 1992); Feldman v. Feldman, 378 N.J. Super. 83, 100 (App. Div. 2005); Salch v. Salch, 240 N.J. Super. 441 (App. Div. 1990).

    I have never had a case where the judge was transferred to a different county, but I believe the underlying logic still applies (avoiding judge shopping, preventing one superior court judge to act in an appellate capacity over another)

    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100
    Fax: (732) 736-9505

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  • 4.  RE: Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 03:01 PM
    The court rules 

    Sent from my iPhone



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  • 5.  RE: Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 06:09 PM
    Glad I looked at the later posts rather than grabbing case cites - I knew a couple of the names, but not the whole citation.

    Transfers between counties have happened before and a judge has finished a case, acted after remand on an appeal, and heard motions for reconsideration. Most recent example I know of is Judge Accurso last year being transferred from Mercer to Essex - and a couple attorney friends have had to drive to Newark a couple of times.



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

    </x-sigsep>



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  • 6.  RE: Motion to transfer a motion for reconsideration to original judge

    Posted 04-25-2017 06:10 PM

    OOps - that should have said Judge Adubato, not Judge Accurso.



    <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>



    Original Message