Disqualifying a Party’s Attorney Under the Attorney Witness Rule
In this post I examine the attorney witness rule incorporated in New Jersey Rule of Professional Conduct ("RPC") 3.7, and how the Rule can be used to disqualify a lawyer representing a party in litigation when the lawyer possesses factual knowledge of contested issues that go to the heart of the case. Because courts generally are reluctant to dis...
Can the Court Require a Litigant to Disclose Personal Income Tax Returns in Pretrial Discovery?
Depending upon the claims and defenses raised in the context of a particular civil lawsuit, the information contained in a party's business or personal income tax return may be a relevant area of inquiry for pretrial discovery. However, most taxpayers will not voluntarily surrender their tax returns simply because the information is being sough...
New NJ Supreme Court Justice Confirmed
Earlier today, the New Jersey Senate unanimously approved Faustino Fernandez-Vina, Governor Chris Christie's appointment to the New Jersey State Supreme Court. Fernandez-Vina, who was born in Cuba and immigrated to the U.S. as a child, will be the second Hispanic justice on New Jersey's highest court, Justice Ariel A. Rodriguez being the other. ...
Voiding a New Jersey Real Estate Tax Foreclosure Judgment Due to Defective Service of Legal Process
In New Jersey, a homeowner can lose his or her home for failure to pay real estate taxes to the town/city where the property is located. Unlike mortgage foreclosure cases where the property is required to go to a judicial sale and the homeowner is given one final shot to save the home by "redeeming" or paying off the judgment within 10 days from t...