N.J. Divorce Litigants May Not Offer Testimony Through Power of Attorney - Marsico v. Marsico
Wednesday, July 16, 2014
"A New Jersey judge has ruled in a case of first impression that a party in a divorce case cannot have a person vested with the power of attorney appear in court or sign pleadings on his or her behalf.
"Ocean County Superior Court Judge Lawrence Jones said that, generally, a divorcing spouse must participate personally in the proceedings unless there has been a finding that he or she is incompetent or needs the assistance of a guardian.
"'Particularly in the realm of matrimonial and family court litigation, the entire fact-finding procedure is heavily dependent upon the testimony of the parties themselves, and involves a focus on otherwise private issues,' Jones said in Marsico v. Marsico."
Full article and link to published decision after the jump...