plenary hearing in New Jersey

2026The burden is on the movant to make a "prima facie showing that a plenary hearing is necessary." Hand v. Hand, 391 N.J.

2026"A plenary hearing is required when the submissions show there is a genuine and substantial factual dispute regarding the welfare of the children, and the trial judge determines that a plenary hearing is necessary to A-0795-24 10 resolve the factual dispute." Hand v. Hand, 391 N.J.

2026A plenary hearing is warranted when a party "clearly demonstrate[s] the existence of a genuine issue [of] material fact" through competent "supporting documents." Lepis v. Lepis, 83 N.J. 139, 159 (1980); see also Eaton v. Grau, 368 N.J.

2025Super. 77, 83 (App. Div. 2018) (citing Lepis, 83 N.J. at 159 ) ("[A] movant is entitled to a plenary hearing . . . when demonstrating the existence of a genuine issue of material fact entitling the party to relief through competent supporting documents . . . .").

2020However, "[i]t is only where the affidavits show that there is a genuine issue as to a material fact, and that the trial judge determines that a plenary hearing would be helpful in deciding such factual issues, that a plenary hearing is required." Ibid. "[W]here the need for a plenary hearing is not so obvious, the threshold issue is whether the movant has made a prima facie showing that a plenary hearing is necessary." Hand v. Hand, 391 N.J.

2020Hearings must only be held where "affidavits show that there is a genuine issue as to a material fa ct, and . . . the trial judge determines that a plenary hearing would be helpful . . . . " Shaw v. Shaw, 138 N.J.

2025"Absent exigent circumstances, changes in custody should not be ordered without a full plenary hearing." Faucett v. Vasquez, 411 N.J.

2024A plenary hearing must be conducted where "the custody of [a child] is a genuine and substantial issue." See Faucett v. Vasquez, 411 N.J.

2026Denial of a plenary hearing "is reviewed for abuse of discretion, with deference to the expertise of Family Part judges." Costa v. Costa, 440 N.J.

2025Upon such a showing, "the party is 'entitled to a plenary hearing as to disputed material facts regarding the child's best interests, and whether those best interests are served by modification of the existing custody order.'" Costa v. Costa, 440 N.J.

2026"When the evidence discloses genuine material issues of fact, the failure to conduct a plenary hearing to resolve those issues requires us to reverse and remand for such a hearing." K.A.F., 437 N.J.

2026Furthermore, "a plenary hearing is particularly important when the submissions show there is a genuine and substantial factual dispute regarding the welfare of children." Id. at 138 .

2025Gnall v. Gnall, 222 N.J. 414, 428 (2015) (citing Cesare v. Cesare, 154 N.J. 394, 411-12 (1998)).

2025The court's factual findings following a plenary hearing are entitled to deference provided those findings are "supported by adequate, substantial, credible evidence." Id. at 411-12 (citing Rova Farms Resort, Inc. v. Invs.

2026It is well established "a plenary hearing is only required if there is a genuine, material[,] and legitimate factual dispute." Segal v. Lynch, 211 N.J. 230, 264-65 (2012).

2026It is well established "a plenary hearing is only required if there is a genuine, material[,] and legitimate factual dispute." Segal v. Lynch, 211 N.J. 230, 264-65 (2012).

2021Indeed, a plenary hearing is required as "trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications." Harrington v. Harrington, 281 N.J.

2019A plenary hearing is only necessary to resolve a genuine issue of a material fact, as "trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications." Harrington v. Harrington, 281 N.J.

2020"On appeal, we apply a plenary standard of review from a trial court's decision to grant a motion to dismiss pursuant to Rule 4:6-2(e)." Rezem Family Assocs., 423 N.J.

2020"On appeal, we apply a plenary standard of review from a trial court's decision to grant a motion to dismiss pursuant to Rule 4:6-2(e)." Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J.

2026"We defer to the trial judge whether a plenary hearing must be scheduled." Jacoby v. Jacoby, 427 N.J.

2026"We defer to the trial judge whether a plenary hearing must be scheduled." Jacoby v. Jacoby, 427 N.J.

2026A plenary hearing is warranted when a party "clearly demonstrate[s] the existence of a genuine issue [of] material fact" through competent "supporting documents." Lepis v. Lepis, 83 N.J. 139, 159 (1980); see also Eaton v. Grau, 368 N.J.

2026A plenary hearing is warranted when a party "clearly demonstrate[s] the existence of a genuine issue [of] material fact" through competent "supporting documents." Lepis v. Lepis, 83 N.J. 139, 159 (1980); see also Eaton v. Grau, 368 N.J.

2026A plenary hearing is necessary "'when the submissions show there is a genuine and substantial factual dispute[,]' which the trial court must resolve." Llewelyn v. Shewchuk, 440 N.J.

2025Moreover, we have advised that the "critical evaluation for emancipation determinations typically necessitates a plenary hearing, especially 'when the submissions show there is a genuine and substantial factual dispute[,]' which the trial court must resolve." Llewlyn v. Shewchuk, 440 N.J.

2022Super. 529, 541 (App. Div. 2015) ("Importantly, '[t]he credibility of the parties' contentions may wither, or may be fortified, by exposure to cross-examination and through clarifying questions posed by the court[]' in a plenary hearing." ) (alterations in original) (quoting Barblock v. Barblock, 383 N.J.

2017A plenary hearing is necessary "where a prima facie showing has been made that a genuine issue of fact exists bearing upon a critical question." See Barblock v. Barblock, 383 N.J.

2024Indeed, "the matter of [parenting time] is so important, especially during the formative years of a child, that if a plenary hearing will better enable a court to fashion a plan of [parenting time] more commensurate with a child's welfare . . . it should require it." Ibid. (third alteration in original) (footnote omitted) (quoting K.A.F. v. D.L.M., 437 N.J.

2020Super. 8 (App. Div. 1998) (holding that father's motion to transfer custody of sixteen-year-old daughter, who repeatedly expressed preference to live with father, should not have been decided without a plenary hearing); Fusco v. Fusco, 186 N.J.

2026A material factual dispute "bear[s] directly on the legal conclusions required to be A-3544-23 9 made and [such] disputes can only be resolved through a plenary hearing." Spangenberg v. Kolakowski, 442 N.J.

2025Material factual disputes "bear directly on the legal conclusions required to be made and [such] disputes can only be resolved through a plenary hearing." Spangenberg v. Kolakowski, 442 N.J.

2022Tretola v. Tretola, 389 N.J.

2017Super. 102, 105 (App. Div. 2007) (indicating that where facts 2 N.J.S.A. 2A:34-23(a) sets forth additional factors to consider "[i]n determining the amount to be paid by a parent for the support of the child and the period during which the duty of support is owed[.]" 13 A-1476-15T2 are disputed or depend on credibility evaluations, a plenary hearing is required); see also Tretola v. Tretola, 389 N.J.

2021"When faced with evidence of disputed material facts, a judge must permit a plenary hearing in order to reach a resolution." Milne v. Goldenberg, 428 N.J.

2020If "faced with evidence of disputed material facts, a judge must permit a plenary hearing in order to reach a resolution." Milne v. Goldenberg, 428 N.J.

2025Appellate courts "apply a plenary standard of review from a trial court's decision to grant a motion to dismiss" and "[owe] no deference to the trial court's conclusions." Gonzalez v. State Apportionment Comm'n, 428 N.J.

2024We "apply a plenary standard of review from a trial court's decision to grant a motion to dismiss" and "[owe] no deference to the trial court's conclusions." 1 Gonzalez v. State Apportionment Comm'n, 428 N.J.

2018See R. 4:67-5. 7 A-4434-16T3 We also disagree with Eileen that discovery and a plenary hearing are necessary to determine decedent's intent concerning her share of the estate and the meaning of "total net estate." Plenary hearings are required when there are "contested issues of material fact on the basis of conflicting affidavits." Conforti v. Guliadis, 128 N.J. 318, 322-23 (1992).

2017Super. 15, 20 (App. Div. 2006) (reversing an emancipation motion and requiring a plenary hearing because the court failed to recognize disputed material facts and "evidence beyond the motion papers necessary for resolution of the matter") (citation omitted); Conforti, supra, 128 N.J. at 322 (holding that a plenary hearing is necessary when there remains "contested issues of material fact on the basis of conflicting affidavits") (citation omitted).

2017When a moving party makes a prima facie showing that he is "entitled to relief and there are contested issues of fact," the trial court should hold a plenary hearing rather than come to a decision based on "affidavits, answers to interrogatories and depositions." Hallberg v. Hallberg, 113 N.J.

1976He argued in the trial court that in view of the conflicting evidence, particularly with respect to plaintiff's life-style, he should be granted leave to take her deposition to "find out how she can afford to live in this life-style" and that thereafter the application should be determined in a plenary hearing in accordance with the principles enunciated in Hallberg v. Hallberg, 113 N.J.

2026"Where visitation issues are disputed, or where a plenary hearing would assist the court in deciding on a visitation plan, such a hearing should be held." P.T. v. M.S., 325 N.J.

2024A plenary hearing is necessary where there are genuine factual disputes and where a hearing "would assist the court in making its determination." P.T. v. M.S., 325 N.J.

2024A plenary hearing should be ordered "only where the affidavits show that there is a genuine issue as to a material fact, and that the trial judge determines that a plenary hearing would be helpful." Murphy, 313 N.J.

2024However, a trial judge should order a plenary hearing "where the affidavits show that there is a genuine issue as to a material fact, and . . . the . . . judge determines that a plenary hearing would be helpful." Murphy v. Murphy, 313 N.J.

2024The New Jersey Supreme Court has noted that "appellate courts will not disturb the decision to deny a plenary hearing unless there is a 'clear abuse of discretion.'" Furst v. Einstein Moomjy, Inc., 182 N.J. 1, 25 (2004) (quoting Rendine v. Pantzer, 141 N.J. 292, 317 (1995)).

2021Our Court has noted that "appellate courts will not disturb the decision to deny a plenary hearing unless there is a 'clear abuse of discretion.'" Furst v. Einstein Moomjy, Inc., 182 N.J. 1, 25 (2004) (quoting Rendine v. Pantzer, 141 N.J. 292, 317 (1995)).

2015Rule 5:8-6 requires a plenary hearing to be conducted where “custody of the children is a genuine and substantial issue.” See Mackowski v. Mackowski, 317 N.J.Super. 8, 11 , 721 A.2d 12 (App.Div.1998) (a court cannot evaluate conflicting affidavits or adopt the assertions of one party over the other without the benefit of a plenary hearing); Wilke v. Culp, 196 N.J.Super. 487, 501 , 483 A.2d 420 , (App.Div.1984), certif. denied, 99 N.J. 243 , 491 A.2d 728 (1985) (a case should not be decided merely on the basis of conflicting affidavits, or an inadequate record).

2014When an issue of child custody or parenting time is presented and “[t]he trial court’s order was based on its evaluation of conflicting affidavits and adopt[ed] the assertions of one party over the other without the benefit of a plenary hearing,” Mackowski v. Mackowski, 317 N.J.Super. 8, 11 , 721 A.2d 12 (App.Div. 1998), we have reversed and remanded for a hearing.

2021A-0181-20 13 "[T]he matter of visitation is so important, especially during the formative years of a child, that if a plenary hearing will better enable a court to fashion a plan of visitation more commensurate with a child's welfare . . . it should require it." [(quoting Wagner v. Wagner, 165 N.J.

2019Moreover, a plenary hearing is particularly important when the submissions show there is a genuine and substantial factual dispute regarding the welfare of children. [ Ibid. (citation omitted).] *373 "[T]he matter of visitation [ 6 ] is so important, especially during the formative years of a child, that if a plenary hearing will better enable a court to fashion a plan of visitation more commensurate with a child's welfare ... it should require it." Id. at 138 , 96 A.3d 975 (quoting Wagner v. Wagner , 165 N.J.

2017Fusco v. Fusco, 186 N.J.Super. 321, 329 [ 452 A.2d 681 ] (App. Div.1982); Tancredi v. Tancredi, 101 N.J.Super. 259, 262 [ 244 A.2d 139 ] (App. Div.1968). [Id. at 47, 656 A.2d 456 .] Under the authority cited above, a plenary hearing is not necessary unless there is a material issue of disputed facts.

2017Fusco v. Fusco, 186 N.J.Super. 321, 329 [ 452 A.2d 681 ] (App. Div.1982); Tancredi v. Tancredi, 101 N.J.Super. 259, 262 [ 244 A.2d 139 ] (App. Div.1968). [Id. at 47, 656 A.2d 456 .] Under the authority cited above, a plenary hearing is not necessary unless there is a material issue of disputed facts.

2026Id. at 12 .

2020A-4816-17T3 8 Pendente lite support awards may be entered based upon the parties' submissions without a plenary hearing, Mallamo v. Mallamo, 280 N.J.

2025If the party makes such a showing, "the party is 'entitled to a plenary hearing as to disputed material facts regarding the child's best interests, and whether those best interests are served by A-3969-22 23 modification of the existing custody order.'" Ibid. (quoting R.K., 437 N.J.

2025If the party makes such a showing, "the party is 'entitled to a plenary hearing as to disputed material facts regarding the child's best interests, and whether those best interests are served by A-3969-22 23 modification of the existing custody order.'" Ibid. (quoting R.K., 437 N.J.

2015Rule 5:8-6 requires a plenary hearing to be conducted where “custody of the children is a genuine and substantial issue.” See Mackowski v. Mackowski, 317 N.J.Super. 8, 11 , 721 A.2d 12 (App.Div.1998) (a court cannot evaluate conflicting affidavits or adopt the assertions of one party over the other without the benefit of a plenary hearing); Wilke v. Culp, 196 N.J.Super. 487, 501 , 483 A.2d 420 , (App.Div.1984), certif. denied, 99 N.J. 243 , 491 A.2d 728 (1985) (a case should not be decided merely on the basis of conflicting affidavits, or an inadequate record).

2014When an issue of child custody or parenting time is presented and “[t]he trial court’s order was based on its evaluation of conflicting affidavits and adopt[ed] the assertions of one party over the other without the benefit of a plenary hearing,” Mackowski v. Mackowski, 317 N.J.Super. 8, 11 , 721 A.2d 12 (App.Div. 1998), we have reversed and remanded for a hearing.