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Even though a defendant who has defaulted has relinquished the right to present affirmative proofs in the matter, the right to challenge a plaintiff’s showings in a proof hearing by way of cross-examination and argument should not ordinarily be precluded

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September 12, 2012 at 3:00 pm


Law Lessons from OREST CHAYKOWSKY V. LOUIS MARUT, ET AL. V. STEVEN CHAYKOWSKY, App. Div., A-2901-10T2, September 7, 2012:

“Even though a defendant who has defaulted has relinquished the right to present affirmative proofs in the matter, the right to challenge a plaintiff’s showings in a proof hearing by way of cross-examination and argument should not ordinarily be precluded.” Chakravarti v. Pegasus Consulting Group, Inc., 393 N.J. Super. 203, 210-11 (App. Div. 2007); see also Jugan v. Pollen, 253 N.J. Super. 123, 129-31 (App. Div. 1992).





NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

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