NJSBA Family Law Section

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  • 1.  Objection to written summations in FRO trial

    Posted 07-15-2021 10:27 AM
    Hey all, I am wondering if anyone has ever objected to written summations being accepted in an FRO case (or generally). 

    The trial was lengthy with dual interpreters and now the Judge is requesting written summations with Defendant's due first, followed by Plaintiff's four days later.  I know it is common practice in the family division to have written summations but I have never dealt with this in an FRO case, nor have I dealt with the other side essentially getting time to respond/oppose the summation (I have only ever had them due on the same date in the cases I have had them). 

    Judge is allowing objections to be placed on the record this afternoon.  Looking for any legal basis to object to it given the magnitude of an FRO's impact on the Defendant's life and the companion criminal charges. 

    TYIA!

    [email protected]

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    Crystal M. Ullrich, Esq.
    Cipriano Law Offices, P.C.
    175 Fairfield Avenue, Suites 4 C/D
    West Caldwell, New Jersey 07006
    P. 973-403-8600 | F. 973-403-8610
    E. [email protected]
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  • 2.  RE: Objection to written summations in FRO trial

    Posted 07-16-2021 12:37 PM

    Hi Crystal, I've never heard of an objection to a judge requesting written summations. Most of the due process rules about testifying at summation etc, are if there is a jury trial. Basically, the court can ask pretty much what is wants as long as it doesn't rise to due process violations. If you have a companion criminal case, I'd ask the court to make a statement that the findings were made by zoom on a standard of more likely than not, and should not be construed as a finding of beyond a reasonable doubt as required in the criminal case.

    Good luck,

    Tom King

     




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