New Jersey Family Law

MONTCLAIR NEW JERSEY ESSEX COUNTY DIVORCE

The Early Settlement Panel judge abused his discretion in sanctioning defense counsel for his failure to appear at the ESP proceeding, finding his excuse – that he was stuck for hours in major traffic due to flooding – inadequate. Counsel had called the courthouse on several occasions to advise of his predicament, and ultimately was told he was released by a law clerk. He did not separately call plaintiff's counsel, because he assumed the law clerk would advise her. The trial judge failed to properly follow the procedures governing a contempt citation. Defense counsel's behavior was not contumacious and the imposition of any sanction was a mistaken exercise of discretion.      Cimmino v. Cimmino, New Jersey App. Div., February 28, 2008

HACKENSACK DIVORCE LITIGATION

The New Jersey divorce court (1) allowed the ex-wife to amend her pleadings to assert claims for fraud, punitive damages, sanctions, and attorney’s fees based on the ex-husband's failure to disclose his ownership interest in the marital home, (2) awarded her $19,700 in sanctions based on his failure to pay court-ordered support and attorney’s fees, (3) ordered his business and its assets seized and sold, and (4) ordered him arrested and jailed if he does not "bring his support obligations current within a reasonable period of time."  All these rulings are affirmed.      Grasso v. Grasso, New Jersey App. Div., October 11, 2006

Deposition No Show

In a New Jersey divorce action, the court has the discretion to impose various sanctions when one party refuses to comply with legitimate pretrial discovery requests. Here, the defendant did not appear for her deposition and the plaintiff moved to strike her answer and suppress her defenses. Instead, the court imposes a less drastic remedy and orders that defendant’s testimony will be barred at the time of trial. Dafejimue v. Jones, New Jersey Law Div., January 25, 2005.