NJSBA Family Law Section

Hi All,

It's been ages since I've had a default divorce hearing - does anyone know if the defaulting party's attorney (who is expected to be present to cross-examine) is entitled to copies of all documents in advance that are to be introduced as evidence at the default hearing?  

The Court Rule 5:5-10 for default provides for service to the other side of the Notice of Proposed Final Judgment but nothing about evidentiary documents.  Much appreciate any thoughts on this,

Hi Michele,

I believe the answer is yes.

You are about to present a proof hearing in the context of a default. You must put on your case, whether or not parts of it are contested.

Defendant's rights are quite limited in a default setting, yet you want to be scrupulous about the other side's due process rights. 

You do not want to draw a motion seeking to open up a judgment a year later for this or that alleged failure.

I suggest you turn over your proposed Exhibits, all of them, in advance.

Hanan

	Hanan M. Isaacs, Esq. President/Senior Attorney
	T 609.683.7400 F 609-786-2405 E [email protected] www.kingstonlawgroup.com

IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not njsba_sectionmemberfam_56fbf0fa-aadf-40f3-9da8-01a343244834@connectedcommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 786-2405 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.

Hi All,

It's been ages since I've had a default divorce hearing - does anyone know if the defaulting party's attorney (who is expected to be present to cross-examine) is entitled to copies of all documents in advance that are to be introduced as evidence at the default hearing?  

The Court Rule 5:5-10 for default provides for service to the other side of the Notice of Proposed Final Judgment but nothing about evidentiary documents.  Much appreciate any thoughts on this,

Thank you Hanan!  Yes, agreed and also thinking perhaps one week in advance of the default hearing?

Hi Michele,

I believe the answer is yes.

You are about to present a proof hearing in the context of a default. You must put on your case, whether or not parts of it are contested.

Defendant's rights are quite limited in a default setting, yet you want to be scrupulous about the other side's due process rights. 

You do not want to draw a motion seeking to open up a judgment a year later for this or that alleged failure.

I suggest you turn over your proposed Exhibits, all of them, in advance.

Hanan

	Hanan M. Isaacs, Esq. President/Senior Attorney
	T 609.683.7400 F 609-786-2405 E [email protected] www.kingstonlawgroup.com

IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not njsba_sectionmemberfam_56fbf0fa-aadf-40f3-9da8-01a343244834@connectedcommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 786-2405 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.

Hi All,

It's been ages since I've had a default divorce hearing - does anyone know if the defaulting party's attorney (who is expected to be present to cross-examine) is entitled to copies of all documents in advance that are to be introduced as evidence at the default hearing?  

The Court Rule 5:5-10 for default provides for service to the other side of the Notice of Proposed Final Judgment but nothing about evidentiary documents.  Much appreciate any thoughts on this,

Hi All,

It's been ages since I've had a default divorce hearing - does anyone know if the defaulting party's attorney (who is expected to be present to cross-examine) is entitled to copies of all documents in advance that are to be introduced as evidence at the default hearing?  

The Court Rule 5:5-10 for default provides for service to the other side of the Notice of Proposed Final Judgment but nothing about evidentiary documents.  Much appreciate any thoughts on this,

Hi All,

It's been ages since I've had a default divorce hearing - does anyone know if the defaulting party's attorney (who is expected to be present to cross-examine) is entitled to copies of all documents in advance that are to be introduced as evidence at the default hearing?  

The Court Rule 5:5-10 for default provides for service to the other side of the Notice of Proposed Final Judgment but nothing about evidentiary documents.  Much appreciate any thoughts on this,