NJSBA Family Law Section

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  • 1.  Objecting to a Zoom trial

    Posted 06-01-2020 02:11 PM

    Hello everyone, I have an FRO hearing scheduled to proceed via ZOOM. During a conference with the judge earlier today, I advised him that my client is objecting to proceeding to trial via Zoom. The judge explained that unless I have the consent of my adversary, which I do not, I need to file an application showing good cause showing why under the circumstances it is not appropriate for the hearing to be conducted via Zoom. In this case, there are lot of text messages and audio/video footage from the Plaintiff's phone which will raise obvious authentication issues since we cannot verify the veracity of the texts, etc., without being able to physically examine the phone.

     

    I am wondering whether anyone has filed such an application and if you have prevailed, what other arguments have you raised?

     

    Thank you  and stay safe!

    Christine Dolan
    Senior Litigation Attorney
    Cordell & Cordell - Mt. Laurel
    701 East Gate Drive, Suite 310, Mt. Laurel, NJ 08054

    Direct (856) 291-5802
    | Mobile (856) 899-9258 | Fax (856) 295-7019
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  • 2.  RE: Objecting to a Zoom trial

    Posted 06-01-2020 03:59 PM

    Hi Christine.

     

    I had similar qualms about doing a Zoom FRO hearing.

     

    I was defending.

     

    I decided it was more important to my client to remove the overhead cloud than to wait for a physical court return that will take months.

     

    We tried the case today.  We pre-entered the evidence, per court administrator requirements.

     

    The Judge was very reasonable with both sides.

     

    The experience was pretty good.

     

    I would do it again.

     

    Hanan

    Hanan M. Isaacs, Esq.
    President/Senior Attorney

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    www.kingstonlawgroup.com

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  • 3.  RE: Objecting to a Zoom trial

    Posted 06-01-2020 06:33 PM
    I am in the middle of a zoom trial.  It is absolutely  more tedious and I do believe harder for a judge to assess credibility, but overall it was not bad.  Th judge was very supportive and patient and at least we can get the cases moving along. I also objected and the Judge overruled my objection, the other side was pro se. The basis of my objection was that much hinged on who was more credible and zoom is good but not in my opinion a substitute for in person testimony.  Since the trial is not over yet, I cannot say whether I will be successful, and if not, whether the result would have been different.

    Gerri Duswalt

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
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  • 4.  RE: Objecting to a Zoom trial

    Posted 06-02-2020 10:09 AM

    I am representing the husband in a high income divorce. The parties earn well over $187,200 per year; the wife earns $155,00 per year gross and the husband earns approximately $286,000 gross inclusive of commissions and bonuses.  They have three children ages 15, 12, and 7.  The judge set temporary child support at $1500/week which I felt was somewhat high (I did not represent the husband at that time).  I really need help in determining what a reasonable child support obligation would be.  I would appreciate all guidance and input.

     

    Thanks,

     

    Lisa Davenport | Attorney

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  • 5.  RE: Objecting to a Zoom trial

    Posted 06-02-2020 10:21 AM

    What are the other factors, primarily assets each will walk away with and especially assets that may be income producing?

     

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

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  • 6.  RE: Objecting to a Zoom trial

    Posted 06-02-2020 10:27 AM

    Lisa,

    Here is a helpful article.

    https://www.stout.com/en/insights/article/case-you-were-wondering-child-support-high-income-cases

     

    Tom King

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law

    45 Broadway, 2nd floor, Denville NJ 07834

     

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  • 7.  RE: Objecting to a Zoom trial

    Posted 06-02-2020 11:25 AM
    I have to do a brief explaining why I don't want a trial to go forward on Zoom. Anyone have a template of one they used>?

    ------------------------------
    Lynda Hinkle Esq.
    Law Offices of Lynda L. Hinkle, LLC
    (856)227-7888
    [email protected]
    http://www.lyndahinkle.com
    http://www.facebook.com/hinklelaw
    ------------------------------



  • 8.  RE: Objecting to a Zoom trial

    Posted 06-03-2020 10:31 AM
    A good starting point for that novel issue is Pathri v. Kakarlamath, 462 N.J. Super. 208 (App. Div. 2020), and the briefs submitted in that matter, which can be obtained from the attorneys or Appellate Division.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street
    Somerville, N.J. 08876
    p: 908.864.7884

     
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  • 9.  RE: Objecting to a Zoom trial

    Posted 06-03-2020 11:50 AM

    Article with report from across the pond on remote family court hearings.

    https://www.theguardian.com/society/2020/jun/02/lisa-harker-family-court-hearings-justice-failed-coronavirus-crisis

     

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law

    45 Broadway, 2nd floor, Denville NJ 07834

     

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