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


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).


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