Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, May 2, 2019

Office space for rent

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE
2053 Woodbridge Ave.
Edison, NJ 08817

 Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.

  The offices are located on the 1st floor of the building.
2 rooms office   
office room # 6 approx 12.4 x 9.4        
and front room appr 8 x 9 -office room # 5
plus use of reception room  16.6 x 7.2
and use of storage area in basement 
   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison
         
$500 per month [was $600]
Call 732-572-0500
    Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law. 

Thursday, December 27, 2018

Mentor program- Edison, NJ 3rdyear law students and law grads

                  Kenneth Vercammen’s Law Office has a mentor opportunity for new lawyer or recent unemployed attorney to get experience and go to court and learn NJ Law office procedures. We have had 4 new attorneys in past year participate in the mentoring experience where they can learn NJ Law Office Procedure.
               Attorney will be provided with use of desk on main floor, plus if needed private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.  
                Go to court and get court experience. Excellent opportunity to jump-start a career. Attorney will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
                Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
         Excellent mentoring position for the right attorney.

  The following is included with office use:
Desk space 
Reception room for clients and use as Bona Fide Office
You can copy and use our Complaints, Motions, Form Letters and Pleadings.
 Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement
 Use of our computer forms Motions, Complaints, and Form letters 
Ability to use a file cabinet in basement to store your old files 
Lighting/ Utilities
Bathroom Supplies
Landscaping / Snow Removal
Valuable advice
Hot water, municipal water/sewer charge paid

Attorneys interested should fax, email or mail a resume and cover letter.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817(Phone) 732-572-0500 (Fax) 732-572-0030   vercammenlaw@njlaws.com

Other Duties/ Services to Clients
-Call Courts to follow up on Letter of Representation and scheduling of hearings
-Call Police Departments to follow up on discovery
-Call clients and remind them of hearing dates and what to do
-Prepare Police Chief letters
- Update Criminal and Civil blogs with recent cases
- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
- Whatever else needed to assist clients [ex Motions,]

               Will many attorneys starting out as solos, this helps them get on their feet and handle Public Defender cases.
If interested, fax, email or mail a resume and cover letter.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817(Phone) 732-572-0500 (Fax) 732-572-0030  vercammenlaw@njlaws.com

Other Duties/ Services to Clients
-Call Courts to follow up on Letter of Representation and scheduling of hearings
-Call Police Departments to follow up on discovery
-Call clients and remind them of hearing dates and what to do
-Prepare Police Chief letters
- Update Criminal and Civil blogs with recent cases
- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
- Whatever else needed to assist clients [ex Motions,]

About Mentor Program Director: Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney.    Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.  
   Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division. 
          He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal websites www.njlaws.comand www.BeNotGuilty.com
 Please post
        The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites students to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and occasional Friday morning court sessions. Please post for your students. If your law school uses Simplicity and this is not currently posted, please email us at Vercammenlaw@njlaws.com

        Information regarding our program plus bio information can be found on the website.
www.njlaws.com/public-defender-volunteer.html
        Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office. The Public Defender does not have a paid staff so it is difficult to post to multiple websites. 
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
Fax 732-572-0030

Very truly yours,
KENNETH   VERCAMMEN,
Metuchen Public Defender Volunteer Internship Mentor Program Director

 PUBLIC DEFENDER OF METUCHEN VOLUNTEER LEGAL INTERNS NEEDED
    Court times: WEDNESDAY 1pm PM [approx]- 7:30 PM,   once a month Friday 9-12, plus hearing preparation work.
        3rdyear Law students and Law school graduates can appear in court and represent clients at pleas and motions -Metuchen Public Defender Volunteer Internships
        The NJ Supreme Court has approved this Metuchen program for 3rdyear students and law school grads to appear in court under supervision
           Volunteer Internship Description:
-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses
-Make demands for Discovery on Prosecutor and review police reports
-Attend hearings and learn from experienced trial attorneys
-Prepare Motions to Suppress Evidence and Motions to Compel Discovery
-Acquire skills in Criminal Law and Procedure by active participation
-Participate in Public Relations activities for NJ State Bar Association, American Bar Association ABA and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
    NJ Municipal Court Law Review
-      Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
-      Add new criminal cases, criminal statutes and criminal articles to our Public Defender blog: http://criminal-jury.blogspot.comand other legal blogs and websites for use of clients and the general public.
-      Add Motor vehicle statutes, criminal court rules to websites to assist persons charged with criminal, traffic, DWI and municipal court complaints
-    Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
-     -Help edit the new book “Handling DUI and Drug Possession Defense” written by Kenneth Vercammen
        Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck.
        Program lasts 12 weeks Minimum Volunteer time commitment in summer- 18 hours per week.  Fall & Spring 12 hours per week.  Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817      
 Fax 732-572-0030 No emails- Send cover letter and resume. After sending resume, call to schedule interview  732-572-0500.


              The Metuchen Public Defender Kenneth Vercammen has a space sharing opportunity for new lawyer or recent Transitional attorney to get experience and go to court and learn NJ Law office procedures and handle some Municipal court cases. This is a mentoring experience where you can learn NJ Law Office Procedure. 
        Help handle Wednesday night 5:15 -7:55pm Metuchen Municipal Court matters and one Friday morning per month.
              Attorney will be provided with use of desk, plus if needed additional private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
-Call Courts to follow up on Letter of Representation and scheduling of hearings & call Police Departments to follow up on discovery
- Prepare timesheets on Fatal Accident cases
-Call clients and remind them of hearing dates and what to do
- Update Criminal and Civil blogs with recent cases
-Assist at Senior citizen Will Seminars and Municipal Court programs
               Go to court and get court experience. Excellent opportunity to jump-start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
               Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
           Excellent mentoring position for the right attorney. Are you hardworking and aggressive?  Visit our website: www.njlaws.comto learn about our office. More details at www.njlaws.com/lease.htm
   If interested, fax, mail , fax or email a resume and cover letter.
KENNETH VERCAMMEN, Esq. Metuchen Public  Defender
2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 
(Fax) 732-572-0030   vercammenlaw@njlaws.com
__________________________________________

  The following is included with office use:
Desk space 
Reception room for clients and use as Bona Fide Office
You can copy and use our Complaints, Motions, Form Letters and Pleadings.
 Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement
 Use of our computer forms Motions, Complaints, and Form letters 
Ability to use a file cabinet in basement to store your old files 
Lighting/ Utilities
Bathroom Supplies
Landscaping / Snow Removal
Valuable advice
Hot water, municipal water/sewer charge paid

     Other Duties/ Services to Clients
-       Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
-Prepare Police Chief letters
- Whatever else needed to assist clients [ex Motions, ]

About Mentor Program Director: Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney.   Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.  
  Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division. 
       He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal websites www.njlaws.com 



Monday, February 19, 2018

RULE 4:87. Actions For The Settlement Of Accounts 4:87-1. Procedure

4:87-1. Procedure
a) Actions to settle the accounts of executors, administrators, testamentary trustees,
non-testamentary trustees, guardians and assignees for the benefit of creditors shall be
brought in the county where such fiduciaries received their appointment. The action shall
be commenced by the filing of a complaint in the Superior Court, Chancery Division, and
upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary
trustee shall annex to the complaint a copy of the written instrument creating the trust
and stating its terms. The order to show cause shall state the amount of commissions
and attorney's fee, if any, which are applied for.
(b) An action may be commenced by an interested person to compel a fiduciary referred
to in paragraph (a) of this rule to settle his or her account, and, in appropriate

circumstances, to file an inventory and appraisement.

Now, even in a Divorce case, the [opposing party] may be called in any case. See LERMAN v. LERMAN 245 N.J. Super. 312 (1990):

Now, even in a Divorce case, the [opposing party] may be called in any case. See LERMAN v. LERMAN 245 N.J. Super. 312 (1990):
Under what circumstances may an adverse party in a matrimonial action be called as a witness and to what extent shall that testimony be binding? This court holds not only that an adverse party may be called as a witness, but that such witness shall be deemed "hostile per se," thus triggering all concomitant means of examination permissible under the law.
In lay terms, "hostile" is "of or pertaining to an enemy; antagonistic." The American Heritage Dictionary 624 (2 Coll. ed. 1985). A witness is hostile or adverse when there is a manifestation of "so much hostility or prejudice under examination 
[245 N.J. Super. 314]
in chief that the party who has called him or his representative, is allowed to cross-examine him, i.e., to treat him as though he had been called by the opposite party." Black's Law Dictionary 665 (5 ed. 1979). This court takes judicial notice of the fact that, if litigants in a matrimonial action are at a point whereby the only means of reaching a final judgment is in having a judge determine the issues, there is no doubt the parties are antagonistic. There is no need to wait and see if the adverse party is an uncooperative witness when called. Rather, it would better serve judicial economy to declare the witness hostile at the commencement of the questioning and proceed accordingly. The present state of matrimonial law in New Jersey calls for the parties to disclose complete and considerable information regarding income and assets in order to either arrive at an equitable property settlement agreement which eventually becomes part of the judgment of divorce, or to place each party into a position where they have full knowledge of the other's financial posture for trial purposes. It is frequently the case that the proof behind such disclosures are clandestine, or at least covert, and not easily evoked, even through discovery. This may be especially true when a party's financial situation is entirely self-contained, that is, when the party is self-employed or involved in a family-owned or close corporation in which the purse strings can be readily controlled and even manipulated. When a trial court is faced with these circumstances, the only viable means to procure certain information may be through actual testimony of the parties under oath. As New Jersey presently has no statute specifically precluding the calling of an adverse party as a witness in a divorce action, this court finds no reason to disallow it.
The complaint for divorce was filed on May 24, 1987, and the matter was finally reached for trial on May 31, 1990. In the interim, while plaintiff had been represented by four different attorneys, considerable discovery took place, including examination of the books and records of defendant's business by plaintiff's retained accountant. Also, several trial dates were 
[245 N.J. Super. 315]
adjourned during this period, giving the parties ample time to procure all available financial information. The parties' financial matters were extremely complicated and the documents admitted into evidence did not fully reflect the disposition of marital assets during the pendency of the litigation especially with reference to the proceeds of the sale of real property. Additionally, the tax returns submitted in evidence did not clearly depict the parties' true income. In order for plaintiff to present the necessary evidence to the court for purposes of equitable distribution and support, defendant was called as a witness for the purpose of obtaining further definitive information concerning assets. The court declared him to be a hostile witness and stated that the rules regarding direct examination would be dispensed with and that the witness could be cross-examined. When defendant's attorney objected to the procedure and insisted that his testimony be binding as to plaintiff, this court overruled the objection and found that plaintiff's attorney could question the witness in any manner he wished and only defendant was to be bound, stating that there can be no more hostile a witness than the adverse party in a divorce action. Such a situation presents a classic exception to the rules governing testimonial evidence.
It has been generally held that in the absence of a statute or rule of procedure providing otherwise, the calling of an adverse party as a witness binds the calling party as to the credibility and conclusiveness of the testimony unless same is contradicted. 32A C.J.S., Evidence, § 1040(2). In the past, New Jersey courts also followed this premise. Krafte v. Belfus, 114 N.J. Eq. 207, 168 A. 755 (Ch. 1933). Many jurisdictions have adopted statutes or rules which serve to modify or abrogate the harshness of the obvious result when, in a case such as this hotly contested matrimonial action, the information solicited is known solely by the other spouse. See Conn. Gen. Stat. Ann. § 52-178 (West 1960) (amended 1982) (Adverse parties may be compelled to testify); Fla. Stat. Ann. §§ 90.608(2) (Who may impeach); 42 Pa. Cons. Stat. Ann. § 5935 (Purdon 1978) (Examination 
[245 N.J. Super. 316]
of person adversely interested); R.I. Gen. Laws § 9-17-14 (1985 Reenactment) (Adverse party as witness). The Appellate Division has held that while many cases have stood for the proposition that a party is bound by testimony of the witness called, "such a rule, so broadly stated, ill serves the cause of justice." Becker v. Eisenstodt, 60 N.J.Super. 240, 248, 158 A.2d 706 (App.Div. 1960). As in that medical malpractice suit where defendant had special knowledge of the circumstances under which plaintiff was injured, so too this defendant was privy to information which could best be elicited through testimony given under oath and with great leeway afforded the scope of such examination.
The Federal Rules of Evidence state that when "a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions." Fed.R.Evid. 611(c). This rule is an exception to the traditional proposition that leading questions are improper. The rule also deals with categories of witnesses to be automatically regarded and treated as hostile. See Fed.R.Evid. 611(c) advisory committee's note. It is clear that a party to a divorce action would be considered a hostile witness under the federal rules. However, New Jersey has not adopted this federal rule as its own. New Jersey law states that "[except as otherwise provided by law, when any party is called as a witness by the adverse party he shall be subject to the same rules as to examination and cross-examination as other witnesses." N.J.S.A. 2A:81-11. Thus, based only on a reading of the statute, an adverse party called as a witness by the other side cannot be asked leading questions. Yet case law has recently given broader discretion to the court and has brought New Jersey closer to the more liberal federal rules. See Application of Howard Savings Bank, Newark, Essex County, 143 N.J.Super. 1362 A.2d 592(App.Div. 1976); State v. Rajnai, 132 N.J.Super. 530334 A.2d 364 (App.Div. 1975).
Attention is called to N.J.S.A. 2A:81-6, which states that parties in all civil actions "shall be sworn and shall give 
[245 N.J. Super. 317]
evidence therein when called by the adverse party.... This section shall not apply to actions in divorce." N.J.S.A. 2A:81-5, L. 1900, c. 150, § 5, since repealed, referred to the testimony of a party "in any action or proceeding for divorce on account of adultery to give evidence for the other, except to prove the fact of marriage...." The Court of Errors and Appeals interpreted that repealed section of the statute when a wife was called to corroborate evidence of her adultery, and held that while a husband or wife was not a compellable witness, neither was the spouse in anyway incompetent to testify. Schaab v. Schaab, 66 N.J. Eq. 334, 57 A. 1090 (E. & A. 1903). As the Legislature has not passed a new law which would guide courts with greater specificity when a party is called as a witness in a matrimonial action, and N.J.S.A. 2A:81-6, based on its historical application, is clearly not meant to eliminate the possibility of such testimony, this court must apply its own standards in order to attain a justifiable end commensurate with the fluid nature of the law, in general, and the growing complexity of divorce law, in particular. Thus, in order for plaintiff to glean as much necessary factual information regarding defendant's income and marital assets so that an equitable decision can be reached, defendant here may be called to testify as he would in any other civil litigation and the procedures which would restrict plaintiff to direct examination and bind her by his testimony "must yield to reason and common sense." Becker v. Eisenstodt, supra, 60 N.J. Super. at 249, 158 A.2d 706See also Hickman v. Pace, 82 N.J.Super. 483198 A.2d 123 (App.Div. 1964). Therefore, plaintiff need not vouch for defendant's truthfulness, but may leave same to the judgment of the court based upon the answers given to all questions asked.
This is not to say that when an adverse party is called to the stand that party may not claim any of those privileges afforded to all witnesses under the New Jersey rules of evidence. Evid.R. 23-38. Had defendant refused to testify as to certain facts which would directly, inferentially or indirectly 
[245 N.J. Super. 318]
incriminate him, such claim of privilege would certainly stand even though this is a civil rather than a criminal matter. Evid.R. 24, Comment 2; State v. Kobrin Securities, Inc., 221 N.J.Super. 169534 A.2d 55 (App.Div. 1987). Since no such privilege was claimed and none other is apparently applicable herein, defendant's testimony shall be deemed fully competent.
Thus, it is well within the discretion of this court to permit the procedure where a party to a divorce action may be called by the opposition. Generally, a witness may not ordinarily be labeled as "hostile" merely because he is adverse when he has not been uncooperative nor testified in an unexpected manner. State v. Dwyer, 229 N.J.Super. 531552 A.2d 200(App.Div. 1989). However, divorce actions do not reach trial unless and, in fact, no agreement can be attained without the intervention of the court. The parties are as "adversarial" and as "hostile" as the non-legal definitions of those terms would import. The litigants clearly would not testify for the other on a purely voluntary basis. Under such circumstances, in a divorce action a court may declare the adverse party witness "hostile per se" and may grant the other party the "broad latitude" to examine the witness through the use of cross examination, and, as such, will not be bound by such testimony. [245 N.J. Super. 318]