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Transcripts/Vacate Final Restraining Order

  • 1.  Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:13 AM

    I am filing a motion to vacate a restraining order in Ocean County. The statute requires that the judge deciding the motion to vacate has full access to the transcript of the hearing that resulted in the FRO. It says this:

    Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based.  [N.J.S.A. 2C:25-29(d).]

    Since it does not specify written or audio, can I get away with attaching an audio recording only? The written transcript in this case is over $1,000, for some reason, and my client is having trouble justifying that cost when the CD is much less.  I would normally just attach the written one, but since it is so expensive, I wonder if the motion would be denied for providing audio only.

    Thank you in advance!

    ------------------------------
    Lauren A. Miceli, Esq.
    (732)819-9100
    [email protected]
    ------------------------------


  • 2.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:20 AM

    Lauren:  I'd contact the Judge's law clerk, explain the situation and ask for permission to use the CD Rom. Alternately, if you're client simply lacks the funds, the courts have a budget they can access for this purpose.  Good luck!

     






  • 3.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:24 AM

    Nice to hear from Judge Weisenbeck. The law library maintains the tapes and can burn a CD if the this is acceptable to the court. Is this a Carfagno application?  vjg

     






  • 4.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 02:02 PM

    Another option to give the court would be using dropbox with a password to store .wav file. I always find CDs unwieldy to attach to a motion. 

     

    Thomas R. King, Esq. LLC

    www.njfamily.law






  • 5.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 04:36 PM
    Agreed that calling the law clerk is an excellent idea.

    I've never tried just supplying the CD to the court - will they even have a player? Will a law clerk resent being asked to listen to what must be an extensive hearing if the transcript would be that much?

    What I did do once was to supply the CD along with a transcript done by a much cheaper transcription company out of India. A $2,000 estimate through an official transcriber ended up costing around $175. Google them - they're out there. You may need to order another copy of the CD and specify you need "audio version, not courtsmart version" (note that this may require several discs - I think it's roughly an hour max on each audio CD) and have .MP3's via a dropbox (I posted to my domain, but dropbox would work just as well).



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    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
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  • 6.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 04:41 PM
    I am now in a carfagno case with a twenty year old FRO. Court says no cd/audio available...too old

    Obviously cannot comply  with transcript

    will certify to status provided by court but it appears that's all I am left with... Thoughts?

    Thanks

    --

    William Rempel,Esquire

    Certified By the Supreme Court
    of the State of New Jersey
    as a Matrimonial Law Attorney

    Qualified Family Law Mediator Per R. 1:40


    Himber and Stork
    630 W. Lacey Road
    Forked River, NJ  08731
    (609) 971-1884  Telephone
    (609) 971-6070  Telefax

    CONFIDENTIALITY NOTICE: This information is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination of this information is strictly prohibited. If you have received this information in error, please notify us immediately by telephone and confirm that you have destroyed this information and any copies. Thank you!





  • 7.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 04:43 PM
    Just had that scenario (successfully). I simply certified the audio did not exist and that was the end of that. Carol Goloff





  • 8.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 04:47 PM
    Thanks Carol

    --

    William Rempel,Esquire

    Certified By the Supreme Court
    of the State of New Jersey
    as a Matrimonial Law Attorney

    Qualified Family Law Mediator Per R. 1:40


    Himber and Stork
    630 W. Lacey Road
    Forked River, NJ  08731
    (609) 971-1884  Telephone
    (609) 971-6070  Telefax

    CONFIDENTIALITY NOTICE: This information is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination of this information is strictly prohibited. If you have received this information in error, please notify us immediately by telephone and confirm that you have destroyed this information and any copies. Thank you!





  • 9.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 04:48 PM

    Bill,

      As they say (who is "they"?), you can't get blood from a stone. The AOC has created these problems. The courts have made recordings-remember cassettes-for decades. Where are all these recordings? Just do the certification.

    Best,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     






  • 10.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-09-2016 05:16 PM
    I have used this website several times to transcribe and for translations...https://www.upwork.com.  I also attach a usb flash drive of the recording.  
     
    Best Regards,

    Wendy Armour, Esq.
    Armour Law Firm 
    407 Main Street, Suite 204
    Metuchen, NJ  08840
    [email protected]







  • 11.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:25 AM

    Lauren,

      I agree with you but the judge may not. Why not call the law clerk prior to filing?

      By the way, if the judge demands a printed transcript, there may be a global issue for us to raise with the AOC. If a CD is good enough for the court to give to us, it should be good enough for a judge to review. This is, after all, the 21st Century!

      I am testing this very issue within a post-divorce motion. I just submitted an audio/video recording of a default divorce hearing to a motion judge. I did not ask the judge for permission, despite my advice to you. My client was the defaulting party, five years ago. We'll see if the motion judge demands that I produce a printed transcript.

    Best,

    Ed

     

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     






  • 12.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:29 AM

    Lauren,

      By the way, I would argue that an audio or video recording is better. There are frequently subtleties (tone? credibility?) that one cannot discern from a printed page.

    Best,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     






  • 13.  RE: Transcripts/Vacate Final Restraining Order

    Posted 11-08-2016 11:59 AM
    Ms. Miceli,

    This is Amy, Mr. Rubenstein's Assistant.  Mr. Rubenstein is out of the office this week. Mr. Rubenstein or I will get back to you as soon as possible.

    Thank you for your cooperation.

    Amy