Best Practices in New Jersey Motion Practice

Produced on: August 14, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 51 minutes
Difficulty Intermediate

In this program, the Honorable Michael R. Casale, J.S.C. (retired), currently “Of Counsel” at Greenbaum, Rowe, Smith & Davis (Roseland and Woodbridge, New Jersey offices), will help you navigate the New Jersey Court Rules as to motion practice. The New Jersey Court Rule Book, with Comments, is the “Bible” for the litigation attorney. Yet, in his 20+ years of experience as a trial judge in the busiest county in New Jersey (Essex County), and as a Judicial Law Clerk (many, many years ago), it never ceased to amaze Judge Casale that attorneys consistently ignore even the most basic rules of motion practice. Relatedly, this program will examine Judge Casale’s “Top Ten Issues with Motion Papers,” and summarize the requirements for the most common motions in Civil and Family law.


Learning Objectives:

  1. Understand the top ten issues with motion papers. What angers judges and their law clerks? What makes them happy?
  2. Identify checklists for common civil motions. Ensure that you don’t miss a key requirement of your motion.
  3. Discuss pre-judgment motions. What are the most common types of motions in civil cases? In family cases? When should they be filed?
  4. Review motions “in limine”—trial motions. When should they be filed? When should they be saved for the actual trial?
  5. Explore post-trial motions, particularly the requirements for post-judgment civil and family motions. For family law practitioners, it is common that the real litigation starts after the Judgment of Divorce.

Faculty

Michael Casale

Greenbaum Rowe Smith & Davis LLP

HONORABLE MICHAEL R. CASALE, J.S.C. (ret.), was a Superior Court Judge for 20 1/2  years, having been appointed on January 2, 1996, and serving until his retirement on June 1, 2016. Judge Casale served in all three divisions of the Essex Vicinage.

During Judge Casale’s tenure in the Criminal Division, he was appointed an Executive Judge in 1998, and was appointed Acting Presiding Judge in 2005. He earned acclaim as a trial Judge in numerous homicide cases, including State v. Rahien Williams (which led to the overhaul of DYFS) and State v. Omar Tindall.

During his tenure in the Civil Division, Judge Casale presided over negligence cases, malpractice lawsuits, employment discrimination, commercial litigation and product liability matters. The New York Times did a feature article in May, 2009, praising Judge Casale’s expeditious and fair handling of the high volume caseload in the Essex County Special Civil Part docket.

Judge Casale served with distinction in the Family Division during the last five years of his judicial career. He was appointed lead FM (Matrimonial) Judge and presided over matrimonial cases involving alimony, child support, equitable distribution, child custody and relocation and domestic violence. He also served as Acting Presiding Judge in the Family Division during his tenure there.

In the New Jersey Law Journal Judicial surveys of 1999, 2004, 2009 and 2014, New Jersey attorneys consistently rated Judge Casale as one of the top Judges in the Essex Vicinage. He is a member of The Executive Committee of the New Jersey State Bar Association and is a member of The Barry Croland and Brennan/Vanderbilt Inns of Court.

Judge Casale received his B.A. from the University of Connecticut and his J.D. from Seton Hall University School of Law (cum laude). He is a past recipient of Seton Hall Law’s The Peter J. Rodino Society Award.  He is also a former councilman for the Township of Bloomfield, having served for six years.


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