Legal Question in Family Law in New Jersey

Re: Psychological defense for underemployment

Reports are not allowed in final hearings because live testimony is required. In either a civil or criminal matter the psychologist or psychiatrist gives not only his conclusions but the basis for same which requires a full explanation.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Psychological defense for underemployment

Obviously, the facts provided are insufficient to provide specific legal advice here. You need to retain an attorney immediately to review the specific facts and advise you accordingly. At a minimum, your attorney would need to review the psychological report and the court file to date.

In general, any relevant evidence is admissible in a civil case. There are exceptions: i.e. where the evidence is unduly prejudicial; misleading; inflammatory; etc. However, these concerns are strongest where a jury is ruling on the facts. In Family Court, a judge hears the evidence, and the concerns over admissibility are not as severe as in front of a jury. Further, in Family Court, particularly in a custody situation, judges often tend to err on the side of allowing more evidence in, as various types of hearsay are used in Family Court proceedings which are often not admissible in other types of civil proceedings, to say nothing of criminal proceedings. Relevant evidence may also be excluded due to a specific statute: e.g. a "rape shield law."

Even where evidence is not admissible in the first instance, it may be relied upon by a testifying expert, for example, if ordinarily relied upon by experts in the field. This often occurs in relation to psychological evaluations. The opposing party can then cross-examine the expert on the underlying data, even if that data is inadmissible in the first instance. This is only one example.

Evidence can become admissible depending on what happens in the trial, and depending on agreements among the lawyers (e.g. stipulations).

You really need to review the specific facts with a retained attorney in order to determine whether particular evidence might be admissible, and if so, whether it will be helpful or hurtful to your case. Obviously, if your lawyer thinks it would be helpful, you would be trying to have it admitted into evidence, rather than excluded from evidence.

I would be happy to speak with you if you wish to consider retaining my services for this matter.

Alan S. Albin, Esq.

973-605-8995

[email protected]