Post by dadsrites on Mar 6, 2009 6:51:24 GMT -5
It's what I've been saying for almost 20 years. Counsel cannot make statements of fact because they are not witnesses. Their statements in certifications, oral argument or briefs are not considered facts. If opposing counsel makes statements in motions or briefs, without the party making such statements, then counsel has become a witness and can no longer be the attorney for the opposing party. According to NJ Rules of Professional Conduct, RPC 3.7, a lawyer cannot be a witness against you.
If the lawyer opens his mouth and starts making misrepresentations/false representations about you, or berates you or denigrates you, you have to object and demand that the lawyer be sworn in as a witness and get up on the witness stand to testify. And, you must demand that the lawyer be recused from the case for being a witness.
In this New Jersey family law case, the 3 documents purportedly showing an increase in defendant's income are inadmissible hearsay. They are not verified by affidavit or certification made under oath by an individual with personal knowledge. The appending of those documents to the motion papers without such supporting affidavits or certifications does not constitute compliance with New Jersey law. Further, counsel's statements in motion briefs that are neither of record, judicially noticeable, nor stipulated do not constitute cognizable facts. Zhao v. Zhang, New Jersey App. Div., March 2, 2009
If the lawyer opens his mouth and starts making misrepresentations/false representations about you, or berates you or denigrates you, you have to object and demand that the lawyer be sworn in as a witness and get up on the witness stand to testify. And, you must demand that the lawyer be recused from the case for being a witness.
In this New Jersey family law case, the 3 documents purportedly showing an increase in defendant's income are inadmissible hearsay. They are not verified by affidavit or certification made under oath by an individual with personal knowledge. The appending of those documents to the motion papers without such supporting affidavits or certifications does not constitute compliance with New Jersey law. Further, counsel's statements in motion briefs that are neither of record, judicially noticeable, nor stipulated do not constitute cognizable facts. Zhao v. Zhang, New Jersey App. Div., March 2, 2009