The factors requiring disqualification of judges, on the court's own motion, are set forth in New Jersey Court Rule 1:12-1 which states as follows: The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge (a) is by blood or marriage the second cousin of or is more closely related to a...
While it is always preferred to have a written agreement defining the type of partnership, the purpose of the partnership, the duties and obligations of the partners, distribution of partnership profits and other key terms, under New Jersey law the short answer is no. An agreement to create a partnership may be oral, written or implied by the c...
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...
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...
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