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Archive for February, 2011

*All Posts,Evidence,Expert Testimony,Litigation,Net Opinion Rule

To be admissible, expert testimony must concern subject matter beyond the average juror’s understanding, be sufficiently reliable, and be offered by a sufficiently qualified expert

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February 25, 2011 at 7:24 pm

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*All Posts,Uncategorized

Willful or wanton conduct is that done with the knowledge that injury is likely to, or probably will, result

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February 25, 2011 at 7:22 pm

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*All Posts,Litigation,Motions,Recusal

A recusal motion is entrusted to the sound discretion of the judge whose recusal is sought

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February 25, 2011 at 7:17 pm

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*All Posts,Counsel Fees,Divorce

The assessment of counsel fees in a Family Part action

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February 25, 2011 at 7:16 pm

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*All Posts,Child-custody,Child-visitation

Orders respecting custody and visitation are subject to modification at any time upon a showing of a material change in circumstances

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February 25, 2011 at 7:10 pm

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*All Posts,Evidence,Litigation,Motions

If a motion is based on facts not appearing of record or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify

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February 25, 2011 at 7:09 pm

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*All Posts,Child-custody,Jurisdiction of the Court

In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children

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February 25, 2011 at 7:07 pm

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*All Posts,Child-custody,Child-support,Child-support-modification

A court order awarding child support or custody is subject to modification at any time upon a showing of changed circumstances

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February 25, 2011 at 7:01 pm

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*All Posts,Child-custody

Legal custody of a child has been defined as the legal authority and responsibility for making major decisions regarding the child’s welfare

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February 25, 2011 at 6:59 pm

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*All Posts,Child-custody,Domestic-violence

The entry of a FRO does not necessarily constitute a sufficient basis for a change in legal custody of a child

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February 25, 2011 at 6:56 pm

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