Maple Shade, NJ asked in Child Custody and Legal Malpractice for New Jersey

Q: Is a judge in possesion of evidence in a case he is presiding over legally bound to present it in court

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: That is not the function of a Judge. What you really need to do is to retain an experienced matrimonial attorney to represent you. There is nothing even remotely resembling legal malpractice. Besides, how do you know what a Judge possesses? Even if that is true, that does not mean it is admissible evidence. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: The short answer is No.

Everyday, during the course of trials and during the course of motion practice, parties seek to introduce materials that they want to use in court proceedings and everyday, judges are required to make rulings as to the "admissibility" of that material.

If a judge rules that material sought to be used is improper, not authenticated properly, constitutes impermissible hearsay, or anyone of a million other reasons why that information or material should not be considered by the court or by jurors, that party has a right to take an appeal of that decision to the appellate court ( at the appropriate time), claiming that the ruling by the trial court on the admissibility of that information was improper and constitutes reversible error, requiring the trial court to redo the matter and consider the information presented as part of the underlying trial.

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