Joseph William Grather’s Answers

Joseph William Grather

Morristown Litigation Lawyer.

Contributor Level 7
  1. I am defending myself Pro Se in a commercial litigation matter, what costs can I expect to incur to take depositions?

    Answered almost 2 years ago.

    1. Jeffrey Anthony Skiendziul
    2. Robert V Cornish Jr.
    3. William Tyler Moore Jr
    4. Michael David Lindner Jr
    5. Joseph William Grather
    6. ···
    6 lawyer answers

    In addition to the above comments, it depends on who you are deposing. If you depose an expert, you have to pay their fees to appear at the deposition. Otherwise, the actual out of pocket cost is usually limited to the Court Reporters "appearance fee." You don't have to order a copy of the transcript.

    5 lawyers agreed with this answer

  2. Can an Amendment to Answer and Counter Claim be filed at any time before a trial date in New Jersey Superior Court?

    Answered almost 2 years ago.

    1. Michael T Millar
    2. Joseph William Grather
    3. Alan James Brinkmeier
    3 lawyer answers

    So, it is assumed that a complaint was filed against you in the Superior Court of NJ, Law Division. You then filed an answer to the complaint. An "answer" is a "pleading to which no responsive pleading is to be served." (R. 4:9-1). Therefore, R. 4:9-1 would permit an amendment to the answer if it was made within 90 days of service, and the matter had not been placed on the trial calendar. That being said, did the court enter default? If not, why not? If you want to make sure that your...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. NJ Law Div. What would be better for Interrogatories. If you issued two sets of 100 questions each served three days apart...?

    Answered over 2 years ago.

    1. Jennifer Melissa Mendelsohn
    2. Daniel A Levy
    3. Joseph William Grather
    3 lawyer answers

    I would refer you to the judiciary website, where the Rules of Court are found. Rule 4:17 sets forth the rules regarding interrogatories. It sounds like you want to propound 200 interrogatories. Not really sure what you're asking about whether its better to send two sets of 100 or one set of 200. Either way, there will be an objection. Again, refer to the court rules, but the questions should be focused, specific and design to "discover" information relevant to the claims set forth in the...

    2 lawyers agreed with this answer

  4. Deposition

    Answered almost 3 years ago.

    1. Herbert J Tan
    2. Joseph William Grather
    3. Pamela Koslyn
    3 lawyer answers

    Again, depends on what type of litigation. Personal injury, defense attorneys probably won't talk about settlement until after the deposition.

    1 lawyer agreed with this answer

  5. Can I use a writ of error Coram Nobis if the law changes for the better.

    Answered about 3 years ago.

    1. Joseph William Grather
    1 lawyer answer

    New Jersey Courts moved away from common law "writs" a long time ago. The particular writ you mentioned appears to have been a device used to obtain relief post-judgment to correct errors of fact only. So, that particular writ does not sound appropriate since your question suggests that the law - as opposed to the facts - changed. To the extent you're seeking relief post-judgment, the New Jersey Court Rules provide the detailed procedural rules governing any such application to the court.

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  6. What is the difference between answering "I don't know." and "I can't recall." during a deposition?

    Answered almost 2 years ago.

    1. Craig A. Post
    2. Albert G. Dugan Jr.
    3. Michael Charles Doland
    4. Eric Edward Rothstein
    5. Joseph William Grather
    6. ···
    6 lawyer answers

    For the attorney questioning you, it means that he's going to have to follow-up with several additional questions every time you say, "I don't recall." One of the primary purposes of a deposition is to discover the facts known by the other side, so as to avoid a surprise at trial. So, if the lawyers asks, What color was the color of the car you saw? And the response is; I don't know. The questioner doesn't have to worry about that at trial. But, if the answer is, I don't recall. At trial...

    2 lawyers agreed with this answer

  7. Is it consitutional to pray in school?

    Answered almost 2 years ago.

    1. Paul Stanko
    2. Timothy A. Provis
    3. Robert Pecco Baker
    4. Joseph William Grather
    5. Raymond B Mitchell
    6. ···
    7 lawyer answers

    There are many procedural steps that would be necessary prior to taking a case to the Supreme Court - assuming there are facts to support a case. First, there has to be a 'case or controversy' for a federal tribunal to take jurisdiction (or a State tribunal analyzing federal law). Second, yet tied to the first, there must be some action for which you seek a remedy; the school (or other governmental actor) must have taken some action adverse to your client/position; i.e. said, you cannot pray...

    2 lawyers agreed with this answer

  8. What are the codes or statues to a judgement of possession of an apartment?

    Answered over 2 years ago.

    1. James Alfred Caporrino
    2. Joseph William Grather
    2 lawyer answers

    The New Jersey judiciary website has a lot of information about landlord tenant situations that frequently arise. The statute which controls is, of course, the Anti-Eviction Act of 1971. N.J.S. 2A:18-61.1, et seq. If a landlord files suit for eviction, there will be a trial before a judge, and the tenant will be given notice and an opportunity to be heard and present evidence.

  9. If Plaintiff objects to my motion and attaches documents to their opposing answer, can I strike the documents as inadmissible?

    Answered almost 3 years ago.

    1. Tyson B. Snow
    2. Joseph William Grather
    3. Pamela Koslyn
    3 lawyer answers

    In a pre-answer motion to dismiss a complaint, a judge in New Jersey is generally required to accept all the allegations in the complaint as true. The movant is requesting dismissal as a matter of law accepting the facts set forth in the complaint as true. If the judge examines evidence outside of the facts set forth in the complaint, it may indeed be converted into a summary judgment motion, which has its own set of particular procedural rules. Additional notice, pleading standards, etc. all...

  10. Filing an ethics complaint

    Answered about 3 years ago.

    1. Mary Tom
    2. Joseph William Grather
    2 lawyer answers

    An ethics grievance should be directed to the Office of Attorney Ethics and/or the District Ethics Committee. All of the forms, contact information, are available on the OAE website. http://www.judiciary.state.nj.us/oae/index.htm