Case Management Conferences
Within 30 days after the filing of
the last pleading, the court shall schedule a case management
conference which may be held via telephone conference. The
purpose of the case management conference is to address
discovery timeliness and ultimately determine a trial date if
necessary to be determined based upon the case’s assigned track.
Discovery
New Jersey Court Rule 5:5-1 allows
for discovery including interrogatories, depositions, production
of documents, requests for admissions and copies of documents.
There are certain limitations surround discovery in family
actions including who may be deposed which are governed by
R.5:5-1 and the Rules concerning discovery under R.4:12 - 4:17.
The case management conferences may dictate by when discovery
shall be completed.
Divorce
By
Default
Sometimes, the defendant fails to
file an answer or an Appearance. A request for a default against
such a party is governed by R.4:43. It requires the party
requesting entry by default to make a formal written request for
the entry of the default, supported by the attorney’s affidavit.
The affidavit shall explain the manner of service of the
complaint upon the defendant, the date of service, and that all
time periods in which the defendant may file a pleading have
expired. Such a request and affidavit must be filed together
within 6 months of the actual default. Notice of such a request
must be filed upon the defaulting party. This does not end the
process if the plaintiff is seeking equitable distribution,
alimony, child support or any other relief.
When equitable distribution,
alimony, child support or any other relief is sought by the
plaintiff, a Notice of Application for Equitable Distribution
pursuant to R.5:5-2 is required prior to the entry of Default.
This Notice shall be filed and served upon defendant 20 days
prior to the hearing date and must include the following:
1. notice of the trial date,
2. statement of the value of each
asset,
3. the amount of each debt sought
to be distributed,
4. a proposal for distribution,
5. a statement whether plaintiff
is seeking alimony and/or child support and, if so, the amount,
and
6. a statement of any other relief
sought.
As a result, the moving party must
still attend Court in order to obtain entry by Default.
With more than half a century's
experience, it's easy to see that Diamond &
Diamond is the smart choice when you find yourself in need of
a New Jersey divorce lawyer.
Email or call us now at 973.379.9292
