day hearing (New Jersey) · Go Syfert
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day hearing in New Jersey

10 New Jersey opinions name it 2 courts 1961–2017 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
J.F. v. B.K.green
njsuperctappdiv · 1998 · cited in 6 New Jersey opinions naming this issue, 2002–2017
2 sentences

2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co

2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co

16
J.D. v. M.D.F.green
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017This was one of those instances foretold by our Supreme Court in J.D. v. M.D.F., 207 N.J. 458, 480 (2011), when it held, "To be sure, some defendants will know full well the history that plaintiff recites and some parties will be well-prepared regardless of whether the testimony technically expands upon the allegations of the complaint." This was not a case where one predicate act of domestic violence, unaccompanied by any threat or violent act, was set forth in the complaint and defendant was forced to defend against multiple other prior acts of which he had no notice until the day of the hea

11
H.E.S. v. J.C.S.green
nj · 2003 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co

2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Depos v. Depos green
njch · 1997
2 sentences

2003In Depos v. Depos, 307 N.J.Super. 396 , 704 A.2d 1049 (Ch.Div. 1997), the trial court addressed a defendant’s due process rights in a domestic violence action.

2003In Depos v. Depos, 307 N.J.Super. 396 , 704 A.2d 1049 (Ch.Div. 1997), the trial court addressed a defendant’s due process rights in a domestic violence action.

22003–2003
Nicoletta v. North Jersey District Water Supply Commission green
nj · 1978
2 sentences

2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ).

2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ).

22003–2003
Dept. of Law and Public Safety v. Miller green
njsuperctappdiv · 1971
2 sentences

2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ).

2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ).

22003–2003
State v. Henry green
njsuperctappdiv · 1959
2 sentences

1996Henry, supra, 56 N.J.Super. at 16 , 151 A.2d 412 .

1996Henry, supra, 56 N.J.Super. at 16 , 151 A.2d 412 .

11996–1996
Cleff Realty Co., Inc. v. Jersey City green
njsuperctappdiv · 1956
1 sentence

1983Id.

11983–1983
State v. Thomas green
nj · 1972
1 sentence

1977In State v. Thomas, 61 N.J. 314 (1972), it was held that a murder prosecution may be instituted where the victim died at a date substantially after the initial assault, even if the defendant has been convicted and sentenced for the assault prior to the time the victim dies.

11977–1977
State v. Zarinsky green
njsuperctappdiv · 1976
1 sentence

1977Adoption of the common law "year and a day rule" would defeat the public policy favoring the "relentless prosecution of murders." Id., at 51 .

11977–1977
State v. Brown green
mdctspecapp · 1974
1 sentence

1977State v. Brown, 21 Md.

11977–1977
Weisenbach v. Borough of New Milford green
nj · 1946
1 sentence

1961Justice Heher, in Weisenbach v. Borough of New Melford, 134 N.J.L. 506 ( Sup. Ct. 1946), said "Mere coincidence is not a permissible deduction in the face of evidence which, *600 according to the teachings of long experience, demonstrates a causal relationship." As stated in the Ciuba case, the measure of the weight of the evidence "is `the feeling of probability which it engenders.'" Under the evidence, it is more probable that a person of petitioner's age, emotional fears and hypertension would suffer such stresses and strains by reason of her error in her trial balance, superimposed on her

11961–1961

Where else courts name it

TX 204 (1880–2026) CA 87 (1866–2026) OH 77 (1946–2026) GA 54 (1905–2026) FL 42 (1957–2026) PA 42 (1831–2025) NY 40 (1849–2025) MS 36 (1942–2024) IL 35 (1900–2026) NC 34 (1904–2025) IN 28 (1832–2020) AL 27 (1888–2026) TN 27 (1875–2025) MI 25 (1890–2026) MO 24 (1900–2013) LA 23 (1963–2021) MD 20 (1925–2025) MA 19 (1900–2026) CO 16 (1953–2026) NE 14 (1886–2026) MT 14 (1915–2023) WA 13 (1911–2025) OR 13 (1896–2025) IA 13 (1928–2026) DC 12 (1972–2005) CT 12 (1966–2025) AR 10 (1956–2026) MN 10 (1913–2015) KY 10 (1928–2025) WI 10 (1895–2024) NJ 10 (1961–2017) RI 10 (1984–2024) AK 9 (2007–2026) ME 9 (1941–2020) KS 9 (1891–2024) AZ 8 (1973–2021) SC 8 (1979–2024) NM 8 (1977–2021) OK 7 (1912–2012) WY 6 (1968–2023) HI 5 (1982–2026) WV 5 (1983–2016) VA 5 (1873–2023) ID 4 (1975–2016) UT 4 (2013–2020) VT 3 (1915–2011) DE 3 (2000–2025) NH 2 (1850–2015) PR 2 (1933–1934)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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