TheJournalNJ.com | OCTOBER 2020 61
Memory care, in the comfort
of your own home.
United Methodist Communities HomeWorks offers a
specialized dementia care program; Tapestries at Home
focuses on the whole person … medical, physical, social,
spiritual, and emotional.
If you are worried about your loved one who lives at home
and suffers from dementia please call for more information.
For more information, please call 732-838-1950.
Dear Cassie: Are courts still open in light of COVID? —P.R.
Dear P.R.: Yes they are, courts are open, albeit in a different form than
they were pre-COVID.
In light of the COVID-19 pandemic and resulting health risks, the
overwhelming majority of Superior Court family law proceedings are
currently being conducted virtually, via Zoom, Microsoft Teams or some
other videoconferencing service. This includes Case Management Conferences,
Motions, settlement conferences and even trials. Occasionally,
these types of proceedings are conducted telephonically. On rare occasions,
in-person appearances in court are permitted and/or required,
inclusive of health protections including mask wearing.
There are positives and negatives to conducting these proceedings
virtually, instead of in person. The most notable positive is, of course, the
assurance to the maximum extent possible of public health and safety.
In addition, virtual proceedings in many fashions allows for more ready
access to the court system, obviating the need for travel, the transportation
of trial materials and related costs. This, in turn, frees up time for
both attorneys and litigants.
Virtual proceedings are not without their downsides. From a procedural
standpoint, virtual proceedings often have connectivity problems
that can disrupt a streamlined proceeding. From a substantive
or mediator being able physically to see, observe, and interact with the
litigant and counsel. Many attorneys believe that this impairs the ability
Have a divorce and family law
question for Cassie? Submit your
question to admin@paonezaleski.com
for consideration in the next edition
of “Ask Cassie.”
Cassie Murphy is a divorce and
family law Partner with the Law
Woodbridge.
ASK CASSIE
and witnesses, and detracts from the meaningfulness of trials and mediations.
There are also concerns that the constitutional right to confront
witnesses (which is implicated in quasi-criminal matters such as domestic
violence matters) is violated by virtual proceedings.
It remains to be seen whether virtual proceedings are here to stay,
permanently replacing in-person proceedings. However, it is without
transition to a virtual world.
If you are in the midst of a family law matter involving a virtual proceeding,
you should seek the advice of matrimonial counsel.
54 Olin Street, Ocean Grove, NJ 07756
732-838-1950 | 855-355-1000
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