Presenting Evidence in a Postjudgment Divorce Plenary Hearing. Very often today, Judges are ordering plenary hearings for a variety of prejudgment and postjudgment divorce motions that are filed, examples include motions for a change in custody, child support modification, alimony modification, relocation motions, college expenses and college tuition motions. For all of these motions, the parties have to present evidence in a mini-trial, a plenary hearing to the Judge, and they testify and may have witnesses testify. Your evidence must be marked as exhibits generally prior to the plenary hearing so it may be presented to the witnesses in their testimony and the evidence may be submitted to the court to use to render its decision. It is very important that your evidence supports your claims and easy for the Judge to understand.
Green & Associates, LLC Blog
In today's courts, many of them order a plenary hearing in dealing with issues regarding a change of custody and modification of alimony. If there is a prima facie case that shows there is a basis for ruling that there has been a substantial change in custody than the court may order a plenary hearing. A plenary hearing is essentially a mini-trial where the parties give testimony and offer evidence into the court. If you have a plenary hearing ordered by the court and you need an experienced divorce attorney for representation in a divorce, call us at 732-390-0480 or 201-242-1119 for a free consultation in our Fort Lee or East Brunswick offices. We offer night appointments as well with our NJ divorce attorney and NJ divorce lawyer for your New Jersey divorce.
Motion practice in divorce occurs when a matter is contested and must be litigated through the courts, requiring a court to order relief for the parties. Generally, the motion calendar with the courts is on a 24 day motion cycle, meaning that parties file a motion, an opposition is then filed, and then a reply is filed. Thereafter, the court hears the motion on the return date and may rule on it on the papers alone or require oral argument or require a plenary hearing, where testimony is taken, in order to decide the motion. A motion on short notice may be filed when there is good cause for the motion to be heard sooner than may be allowed on the regular motion cycle. If you have a matter in a divorce or family law matter that may require motion practice with the court, please call Green & Associates, at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.