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petbunari
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Reged: 10/14/11
Posts: 1
Motion/Cross-Motion rules of the NJ civil courts
      #764887 - 10/14/11 11:50 AM

This is question about NJ Civil Court rules governing a "motion to dismiss WITHOUT prejudice" a marital tort jury trial by the wife plaintiff; a "cross-motion to dismiss WITH prejudice" by the husband defendant; and what the Superior Court, Civil Division, Ocean County judge is supposed to do.

The judge in this case signed an order denying the husband's "cross-motion to dismiss WITH prejudice," but the judge did not sign an order either accepting or denying the wife's "motion to dismiss WITHOUT prejudice."

What does this mean? Does the jury trial now have to go forward? Isn't the judge supposed to rule on both the motion and the cross-motion?

Also, in the judge's denial of the husband's "cross-motion to dismiss WITH prejudice," the judge did not provide an explanation why he denied the cross-motion. Without an explanation from the judge, how can the husband now appeal the judge's decision?


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Renny
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Reged: 09/24/11
Posts: 479
Re: Motion/Cross-Motion rules of the NJ civil courts [Re: petbunari]
      #764914 - 10/14/11 04:12 PM

You can appeal the judge's denial of the motion whether it has an explanation or not. I'm sure this will be a great help to you.

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