Belmar, NJ asked in Family Law for New Jersey

Q: hi. i have family judge, threatened me against use of new evidence, has found everyway do quell my new evidence, delayed

Currently ignoring filed motions that contain new evidence of plaintiff perjury, njdcpp ethics, falsification of medical documents, more. Judge knows this evidence destroys the case against me and her judgement. promised she was not going to hear it. Can I compel judge to hear my motions and see my evidence? What can i do? Thanks

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Not necessarily and it does not mean that the judge is wrong or that the appellate division will reverse the courts actions. When a matter is filed in the court system, parties are obligated to file / serve specific discovery requests and those requests for information MUST be produced to the other side by a specific date. If you fail to provide that discovery by that date, the other side has the right to seek to bar you from attempting to introduce that material at trial. The purpose of this requirement is to avoid what is known as "trial by ambush", so that a party has the right and the opportunity to prepare for trial based on the information produced during the discovery phase. If the material is not produced but was available, the court has the right to preclude you from using it at trial.

Similarly, you may have information that you did produce or material that you believe contradicts the testimony presented by the other side but it contains hearsay information or is inadmissible for a million other reasons ( ie, failure to properly authenticate the document).

You may think that the document is material but you may also not know how to properly introduce it and filing a motion to permit you to use it does not make it admissible.

A very common mistake is a police report. The fact that a police report was generated may be admissible but the contents of the police report ( where the officer spoke with XXX and in the report, the officer stated that XXX told him "........................." is inadmissible hearsay and unless the officer is in court and testifies as to what is contained in the report, you cannot use it to prove what was said to the officer. The fact that it was obtained properly by you and you have a letter from the police department that it is authentic, does not make the contents of the document admissible.

My suggestion is that instead of banging your head on the wall and not understanding why the judge is precluding you from introducing a specific document, pay for a consultation with an experienced divorce and family law attorney to walk through all of your materials, the pleadings, the submissions and the court's rulings (in writing as part of the courts orders) or through the transcripts of the court proceedings.

It will probably be the best money spent.

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