West Milford, NJ asked in Family Law, Appeals / Appellate Law and Civil Litigation for New Jersey

Q: Can a case that was heard and ruled on 8 months ago go back to court if I feel ruling was unfair?

The other party (my ex) and their attorney presented many pages of text exchanges between ex and my new sig other, I'd say approx 75-100 texts over the course of 6 month for so.. They were all printed out. Some just showed my name, then after I was removed as a "contact" they showed my number. My girlfriend was texting from my phone. Among the ones that just had my name at the top were 2 texts that my ex created, not legit texts. Because there was a message and a reply, and so many other texts that were legit, the judge authenticated ALL of them and ruled in the favor of my ex. The judge basically said if all the others were authentic, it was hard to fathom the other 2 were not. These were the 2 most incriminating ones. Can I bring it back and tell judge he was mistaken?

1 Lawyer Answer

Santo Artusa Jr.

Answered
  • Appeals & Appellate Lawyer
  • Jersey City, NJ
  • Licensed in New Jersey

A: You would have to file a motion to set aside the order based on what you may believe is fraud/mistake, etc. This usually needs to be filed within 1 year of the order but the sooner the better. Can you prove you did not send that text?

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