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NJ Appellate Ruling Specificing Proof

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This article is promising. NJ, from what I've seen on these boards, can be tough on defendants. Here, on March 5th the appellate court in NJ came down heavy on the side of defendants. The are cracking down on litigation that is started by JDBs who know they don't have the requisite proof to commence a suit, yet do it anyway. This is good news! Too many defaults which have been won without merit. Now the next move is to hit these shady JDBs with FINES--that is what will shut this unethical $ mill down!

Read here for the deets:

http://yournjattorneys.com/new-nj-appellate-case-vs-pressler-pressler/

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The linked page...
states in part:
"The as-yet unpublished Appellate Division opinion, captioned “New Century Financial Services, Inc. v. Oughla, 2014 NJ Super UNPUBL 448,  which was decided on March 5, 2014, goes into great detail in its analysis of the “bad-debt marketplace” and the proofs required to prove that a company such as New Century Financial Services Inc. actually owns the debt they are suing on."
 
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
 

The comment on the webpage link stating "The as-yet unpublished Appellate Division opinion" implies that the decision will somehow become published. I am not familiar with unpublished decisions routinely becoming published. Perhaps through some particular NJ rule/process and a lot of encouragement by interested parties the court could be persuaded to publish it. Until/if it becomes published and is citable case law I would probably want to mine the decision for good arguments and supportive case law citations that support my defense efforts if I were defending a similar case in NJ..

 

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New Jersey Rules of Court 

 

1:36-3. Unpublished Opinions 

 

No unpublished opinion shall constitute precedent or be binding 

upon any court. Except for appellate opinions not approved for 

publication that have been reported in an authorized 

administrative law reporter, and except to the extent required by 

res judicata, collateral estoppel, the single controversy doctrine 

or any other similar principle of law, no unpublished opinion shall 

be cited by any court. No unpublished opinion shall be cited to 

any court by counsel unless the court and all other parties are 

served with a copy of the opinion and of all contrary unpublished 

opinions known to counsel. 

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The Uses of Unpublished Opinions
 

Division of Youth & Family Services v. M.D., 417 N.J. Super. 583 (App. Div. 2011).  This lengthy opinion by Judge Messano focuses on what information counsel must provide to a defendant who stipulates to a finding of abuse and/or neglect of a child at a parental rights hearing to ensure that the defendant’s waiver of rights is knowing and voluntary.  Of interest to appellate practitioners, however, is the court’s citation of six unpublished Appellate Division decisions in this area.

Judge Messano’s decision cited those cases to show that “additional guidance” from the Appellate Division is needed.  He noted that the unpublished cases lacked precedential value, citing Rule 1:36-3, but found them “nonetheless, instructive as to the frequency with which these issues arise.”

Rule 1:36-3 has never been an absolute bar to citation of unpublished opinions.  This decision shows once again that there are “loopholes” in that Rule that practitioners and judges can exploit.

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The Uses of Unpublished Opinions...

Rule 1:36-3 has never been an absolute bar to citation of unpublished opinions.  This decision shows once again that there are “loopholes” in that Rule that practitioners and judges can exploit.

 

If in NJ, I might be inclined to cite a on-point unpublished decision as possible "guidance" for the court to consider but I would want to be sure to also place the applicable arguments from the unpublished decision and supportive case law in the record to preserve my trial record for appeal.

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