Timothy Holzman NJ

Timothy Holzman

Objective: To obtain an internship in the criminal justice field in order to broaden my view of future career goals and put my strong work ethic to use Education: Seton Hall University, South Orange, NJ Bachelor of Arts in Political Science, Expected May ‘09 Minor- Criminal Justice Cumulative GPA of 3.5 Honors: Dean’s list, all semesters Work Experience: Research Management Strategies, New Brunswick, NJ Financial Analysis/Research Intern, December 06’- February 07’ • Learned the essential skills and attributes for running a successful political campaign • Assessed finances for Democratic parties in terms of most significant contributors using Microsoft Excel • Analyzed the results of previous election primaries in order to understand the concentration of democratic voters • Canvassed areas in the most democratic counties providing information to increase awareness and gain interest of voters Homefix Corp, South Orange, NJ Canvasser/Salesman, September 06’ – August 07’ • Sold home improvements on windows, siding, and/or roofing • Received extensive instruction on sales pitching and interacting with people • Sold various estimates and provided excellent customer service by explaining to customers the benefits of the company Avon Tax Collector’s Office, Avon, CT Paid Intern, June 06’ – September 06’ • Handled various financial issues including the validation of checks as well as the observation of residents’ tax paying • Completed various miscellaneous mathematical assignments applying different interest rate equations to delinquent tax payers Special Skills: Proficient in Spanish Proficient in Microsoft Word, Excel, and Power Point, Internet Explorer Activities: Relay for Life, Basketball/Soccer Intramurals

then Highland Park Municipal Court Prosecutor Phil George Speaks About Hate Crime NJ

then Highland Park Municipal Court Prosecutor Phil George Speaks About Hate Crime

Piscataway and Highland Park Prosecutor Phil George was the speaker at the May meeting of the Middlesex County Bar Municipal Court Practice Committee. The program was The New Hate and Bias crimes law. Pictured here: Prosecutor Phil George and Municipal Court Committee Chair Kenneth Vercammen

The Sam Smith Award Was Awarded to Jay Foonberg NJ

The Sam Smith Award Was Awarded to Jay Foonberg

The Sam Smith Award was awarded to Jay Foonberg, author of How to Start and Build a Law Practice at the LPM Section Gathering on August 9 at the ABA Annual Meeting. In photo, Kenneth Vercammen congratulates Mr. Foonberg, with Law Practice Management 2007-2008 Chair Vedia Jones- Richardson. The Sam Smith Award, the highest honor bestowed by the ABA Law Practice Management Section, was established in 1999 on the occasion of the Section’s 25th Anniversary. The award recognizes an individual who has demonstrated outstanding lifetime achievement in the field of law practice management. Mr. Foonberg also was one of the speakers with Kenneth Vercammen on Elder Law 2007- Changes in the law and Expanding an Elder Law Practice at the American Bar Association 2008 Annual Meeting in San Francisco. Mr. Foonberg’s Best selling books are available at http://www.foonberglaw.com. I highly recommend How to Get and Keep Good Clients, 3rd edition (8 hour Audio CD Series) ©2007 Join the hundreds of thousands of lawyers who have benefited from Mr. Foonberg's sharing of information. Any one chapter or idea can immensely improve your practice income and your life. The 8 hours of CD's are designed to teach you how to get and keep good clients. No need to take notes. Just listen as you drive or commute. You will want to replay the information again and again and share it with others in your office. You'll be able to immediately use what you learn and put into effect these marketing success tips."Best selling author and acknowledged marketing ace Jay Foonberg gives practice-proven tips and systems that you can use for long-range and immediate marketing success. This information is not theoretical. Foonberg encourages you to try different marketing approaches in order to develop your own winning personal style. This is practical information you can put to use right away. You'll find hundreds of useful suggestions to help you grow your practice, and improve the way you do business day to day. The end result is a more client-focused, efficient, and profitable practice with everything pointed in the right direction. Included: "Foonberg's Favorite 51 Rules of Good Client Relations for the Busy Lawyer" "How Turning Down my First Case Led to 19 Cases" "How to Handle People Who Hate Lawyers or the Legal System" "Fee Allocation Formulas to Encourage Marketing" Numerous sample letters, homespun advice, and personal experiences And much, much more! Put Jay Foonberg's over forty years of successful personal experience in the practice of law and in the continuing education field to work for you. You'll find his advice practical and understandable as he presents even the most complex theories in a simple easy-to-learn and easy-to apply fashion. Jay believes any person can have a successful career, and have a life with high income and free of non meritorious complaints if that person is willing to learn and willing to make the simples changes he suggests."Learn what you are doing right and what you may have to change if you sincerely want to increase your income and your practice for the benefit of your clients, your staff and your family.?Included with the 8 hours of lecture materials is a Forms Supplement in Word. Format: 8 hour Audio CD Series?Price: $179.95 http://www.foonberglaw.com

The Nuts and Bolts of Elder Law 2002 Seminar NJ

The NUTS & BOLTS of Elder Law 2002 seminar on April 11 From ICLE featured the following speakers:

Martin A. Spigner, Esq. Kenneth A. Vercammen, Esq. Authors: "Answer to Questions About Probate" Thomas Begley, Jr. Katheleen Browning, Esq. The 382 page book and seminar audiotapes are available from: New Jersey Institute for Continuing Legal Eduacation 1 Constitution Square New Brunswick, NJ 08901-1520 Phone: (732) 214-8500 Fax: (732) 249-0383 email: customerservice@njicle.com website: http://www.njicle.com

The New Alcotest 7110 Alcohol Breath Testing Machine RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) NJ

The New Alcotest 7110 Alcohol Breath Testing Machine RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991

MARCH 29, 2005 Speakers: RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) PETER H. LEDERMAN, ESQ., Co-Counsel, State v. Foley Dennis Auciello, Past President, Middlesex County Bar Association Moderator: Kenneth Vercammen, Esq., Chair, MCBA Municipal Court Practice Committee The seminar focused on the following: How the Alcotest 7110 Evidential Breath Test Machine Works Issues Raised in State v. Foley Strategies for Litigating Breath Test Cases in Middlesex County

The Fifth Amendment - "To Take the Fifth" NJ

The Fifth Amendment - "To Take the Fifth" Self-incrimination The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence. Civil or criminal proceedings Fifth Amendment protections apply wherever and whenever an individual is compelled to testify. The U.S. Supreme Court has ruled that the privilege against self-incrimination applies whether the witness is in Federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924)). People have asserted the privilege in grand jury or in congressional hearings in the 1950s, where witnesses testifying before the House Committee on Un-American Activities and the Senate Internal Security Subcommittee claimed the privilege in response to questions concerning their alleged membership in the Communist Party. The amendment has also been used by defendants and witnesses in criminal cases involving the Mafia. The Supreme Court has also used the incorporation doctrine to apply the self-incrimination clause against the states under the Fourteenth Amendment. Source: http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution The New Jersey Supreme Court recognized the right of a witness to "take the 5th" if called as a witness at a trial. State of New Jersey v. P.Z. (A-21-96) - Decided November 26, 1997 The Supreme Court wrote: "The Fifth Amendment privilege against self-incrimination, made applicable to the states through the Fourteenth Amendment, provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” U.S. Const. amend. V. As explained in Malloy v. Hogan, 378 U.S. 1, 8, 84 S. Ct. 1489, 1493, 12 L. Ed.2d 653, 659 (1964), the Fifth Amendment protects “the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own free will, and to suffer no penalty . . . for such silence.” It reflects our understanding that government is “constitutionally compelled to establish guilt by evidence independently and freely secured, and may not by coercion prove a charge against an accused out of his own mouth.” Ibid. In New Jersey, the privilege is derived from the common law and is codified in our statutes and rules. State v. Reed, 133 N.J. 237, 250 (1993); see N.J.S.A. 2A:84-19; N.J.R.E. 503. Its importance is not diminished by the lack of specific constitutional articulation; rather, from colonial times, “New Jersey has recognized the right against self-incrimination and has consistently and vigorously protected that right.” Reed, supra, 133 N.J. at 250. A person invoking the privilege against self-incrimination may do so “'in any . . . proceeding, civil or criminal, formal or informal, where the answers might tend to incriminate him in future criminal proceedings.'” Minnesota v. Murphy, 465 U.S. 420, 426, 104 S. Ct. 1136, 1141, 79 L. Ed.2d 409, 418 (1984) (quoting Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S. Ct. 316, 322, 38 L. Ed.2d 274, 281 (1973)); Banca v. Town of Phillipsburg, 181 N.J. Super. 109, 114-15 (App. Div. 1981); see New Jersey Div. of Youth & Family Servs. v. S.S., 275 N.J. Super. 173, 179 (App. Div. 1994). However, the privilege is not self-executing under either federal or state law and must be invoked by anyone claiming its protection. Murphy, supra, 465 U.S. at 428-29, 104 S. Ct. at 1142-43, 79 L. Ed. 2d at 419-20; Reed, supra, 133 N.J. at 251. Generally, when the privilege is not asserted and the person questioned chooses to answer, the choice to respond is considered voluntary. Murphy, supra, 465 U.S. at 429, 104 S. Ct. at 1143, 79 L. Ed. 2d at 420; State v. Fary, 19 N.J. 431, 435 (1955)."

The 12 steps of AA NJ

THE TWELVE STEPS OF ALCOHOLICS ANONYMOUS We admitted we were powerless over alcoholthat our lives had become unmanageable. Came to believe that a Power greater than ourselves could restore us to sanity. Made a decision to turn our will and our lives over to the care of God as we understood Him. Made a searching and fearless moral inventory of ourselves. Admitted to God, to ourselves, and to another human being the exact nature of our wrongs. Were entirely ready to have God remove all these defects of character. Humbly asked Him to remove our shortcomings. Made a list of all persons we had harmed, and became willing to make amends to them all. Made direct amends to such people wherever possible, except when to do so would injure them or others. Continued to take personal inventory and when we were wrong promptly admitted it. Sought through prayer and meditation to improve our conscious contact with God, as we understood Him, praying only for knowledge of His will for us and the power to carry that out. Having had a spiritual awakening as the result of these Steps, we tried to carry this message to alcoholics, and to practice these principles in all our affairs. Copyright  1952, 1953, 1981 by Alcoholics Anonymous Publishing (now known as Alcoholics Anonymous World Services, Inc.) All rights reserved. Rev. 6/14 SM F-121

Testimonials from Handling Drug, DWI and Serious Cases NJ

 

Testimonials from Handling Drug, DWI and Serious Cases

Testimonials from Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar NJ State Bar NJICLE Excellent overview of the facs and legal issues surrounding DUIs and related offenses. Whatever your experience with DUI cases, youll leave the lecture hall more knowledgeable about the issues surrounding DUI cases -George H. Shozlay Jr.  The material is a how-to- this is excellent. The lectures complement the material- excellently done -Khaled Bashjawish Great practical advice delivered via real world experience colored with interesting war stories -Jake Bayak Perfect combination of law, with personal experience -Navarro Gray Great speakers! Time flew by! -Dafna Kendal Informative, interesting -Michele L. Waldman A very balanced, good mix of speakers -Patrick Whaler Excellent- good balance with prosecutor and defense attorney -no name Book: Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court 2015 Authors/Speakers: Kenneth Vercammen, Esq., Past Municipal Court Attorney of the Year John Menzel, Esq., Past Chair Municipal Court Section Speakers: Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth Assistant Prosecutor-Woodbridge Tara Auciello Edison Prosecutor William G. Brigiani, Esq., Past President Middlesex County Bar Purchase from NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar Association http://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1607&productid=7744111 $60 Member $75 Non-Member book # ISBN :CDP150715 email to customerservice@njicle.com or call Customer Service at 732.214.8500 Table of Contents 2015 Table of Contents Page Letters, Motions/Briefs, Articles/Research Kenneth A. Vercammen, Esq. 1 01 Municipal Court Questionnaire 1 02 Retainer Municipal Court 5 03 Request for Complete Discovery 9 04 Letter of Representation Only 10 05 Discovery Request Alcotest 7110 11 06 Discovery Request Driving While Suspended 19 07 Speeding Law and Discovery 23 08 Discovery Request to MVC 31 09 Discovery Complainant 35 10 OPRA Field Sobriety Chief of Police 39 11 OPRA Required Officer Training 42 12 CDS Motions 43 13 DWI Motions 45 14 Motion to Reduce Bail 49 15 Letter to Client re: Reading Discovery from Prosecution 57 16 Reciprocal Discovery to Prosecution 58 17 Notice of Specific Criminal Code Defenses 60 18 Letter to Client re: Reading and Signing Affidavit 61 19 Second Request for Discovery Missing Abstract 62 20 Letter to Client re: DWI Expert 63 21 Letter to Client re: Hearing 64 22 Letter to Client re: Deadline and Attorney Fee for Appeal 65 23 Letter to Client re: No Show in Court 67 24 Suppression Motion 68 25 Suppress Statements: Violation of Miranda Rights 69 26 Dismissal Motion re: Failure to Provide Discovery 73 27 Motion for Conditional Discharge 78 28 Motion for Civil Reservation 79 29 Objection to Lab Certificate 80 30 Motion for SLAP 81 31 Order to Mark Case Try or Dismiss 82 32 Order to Compel Discovery 83 33 Order to Be Relieved as Counsel 84 34 Constructive Possession of Drugs in a Criminal Case 85 35 Court Cannot Handle Discovery 87 36 Motion for No Loss of Drivers License Suspension 91 37 Motion re: Failure to Give Defendant Copy of AIR 93 38 Motion to Provide Expert at Public Expense 103 39 DWI Fines and Penalties in NJ 109 41 Defending a Juvenile Delinquency Case 119 42 Pretrial Intervention Program (PTI) 125 Expungement/Erase Criminal Charges 128 Plea by Mail 129 Certification for Application for Appointment as Private Prosecutor (Storm) 131 Letter Thanking Witness 133 Clients Sentencing and Duties 135 Post Conviction Motion to Vacate Guilty Plea 137 Additional Discovery Brief 145 Brief to Suppress Blood Sample and Objection to Lab Report 149 Motion, Certification, Order in Support of Motion to Be Relieved 163 Notice of Appeal 167 Miranda Brief in Support of Motion to Suppress Statements 169 Miranda Law Person is Subject to 173 2nd Request for Hearing 177 Failure to Timely Prosecute 179 Minimum and Maximum Fines MV Offenses 183 Points in Motor Vehicle Violations 231 Pre-Trial Intervention to Dismiss Criminal Charges 233 Municipal Court Appeals 235 DWI Cross Examination Questions 241 Hearsay Not Admissible at Trial in Municipal Court Based on Crawford Decision 245 Pamphlet, Your Rights in Municipal Court 249 Be Not Guilty 251 Criminal Indictable and Disorderly Offense Penalties 255 Minimum Mandatory Fines and Penalties Relating to Selected  Motor Vehicle Offenses 257 Speeding and Radar 275 Suspended Licenses: Dont Be Caught Off Guard as a Defense  Attorney 277 Defense to Possession of Drugs and Controlled Substances 279 Driving Without Insurance Defenses 281 Preparation for the Municipal Court Case 283 Plead Guilty? Nah, Defend DWI Charges! 293 Memo re: Attorney General Guideline: Prosecution of DWI &  Refusal Violations 295 Court Code Listing MVC 321 No Point Violations 325 Crash Accident Report Abbreviations 327 Tae Kwon Do Martial Arts Training for Attorneys 335 New Law Finally Establishes a Conditional Dismissal Program  in Municipal Court 337 Brief in Support of Motion to Dismiss Refusal 343 Notice of Motion to Compel the Prosecutor to Fingerprint and DNA Test Evidence Seized 345 Certification to Compel the Prosecutor to Fingerprint and DNA Test Evidence Seized 347 Order 348 Letter re: No Representation 349 Certification of Victim 351 Letter re: Summons/Criminal Statutes 353 Letter re: Additional Fees & Appointment 355 Letter re: Letters of Reference/Pre-Sentence Report 357 Letter Requesting Hearing Notice 358 Request to Adjourn so Defendant Can Retain Attorney 359 Scientific and Medical TestsBlood and Urine Documents  Requested 361 Letter re: Arrest Stop Video to Client 365 Recommend DWI Expert to Client 367 Objection to Alcotest Results Where No Expert Testimony Provided 369 What Your Attorney Can Do For You 371 Criminal Flat Fee Agreement to Provide Legal Service 375 Field Sobriety Records Request and OPRA Request 379 Letter re: Recommend Substance Abuse Treatment & Inpatient 383 Letter re: Old Records 385 N.J. Municipal Court Law Review, Spring 2015 387 N.J. Municipal Court Law Review, Summer 2015 391 Additional Vercammen Information [See Vercammen on CD]  Articles/Forms/NJ Municipal Law Review Articles  Orders/Forms  John Menzel, Esq. 395 Discovery Order (Alcotest) 395 Discovery Order (Blood/DRE) 405 Client Fee Agreement 411 First Contact With Prospective Clients 413 Client Interview Form 415 Client Questionnaire 435 Letter to Insurance Company 459 Additional Menzel Material on CD: Chun material [see Menzel/Chun on CD] 02-13-07 Special Masters Report 11-08-07 Special Masters Report 03-17-08 State v. Chun 09-13-13 M-1538, 1539, 1540 Driving While Refused, Suspended, Revoked  or Prohibited: N.J.S.A. 39:3-40 PowerPoint Presentation Damian A. Scialabba, Esq. 461 About the Panelists 471

Testifying in a Municipal Court Case NJ

 

Testifying in a Municipal Court Case

Testifying in a Municipal Court Case Compiled by KENNETH A. VERCAMMEN, Esq. of Edison from various sources Courts, Police and Prosecutors have an increased commitment to addressing the needs of litigants. You may be unfamiliar with court procedures and have fears and uncertainties about what is expected or required of being a litigant. This article, compiled from suggestions of prosecutors offices, provides a brief explanation of what to expect in court. Under the New Jersey Court Rules, a New JerseyAttorney can negotiate with the Prosecutor to attempt to reduce penalties. However, the Prosecutor is not required to offer a plea bargain. The person charged is not required to accept a plea bargain. Therefore, the case will be scheduled for a trial. The decision on whether of not to testify at trial is solely the defendants. That decision cannot be made by the attorney. Preparing for Court. You are reminded that every time you go to Court or come to your attorneys office, you should bring your entire file with all documents and letters you have, plus everything received from our office, the Court, police, or DMV/MVC applicable to your case. In addition to bringing your file, on the day of court we recommend that you bring a magazine or some light reading because the courts often take recesses and delays often occur. Many courts will not let you operate a cell phone in the courtroom. You must be promptly present in court and prepared to proceed at that time. Please call the court or your attorney approximately 24 hours before this hearing to confirm that the court has not adjourned your hearing. When you arrive, please check in. Hearing times are often delayed. If by chance, I or the attorney in my office handling the hearing is not at the hearing room when you arrive, please do not panic. We will soon arrive to handle the case. We often travel from another court. Do not call the law office if you do not see the attorney right away unless there is an emergency. Usually we will go to speak directly with the Prosecutor or Court Clerk prior to going into the courtroom. Please sit in the courtroom/hearing room close to the front row until we arrive. Do not wait in the lobby or outside. In municipal court/traffic cases/criminal , do not speak with the Prosecutor, wait for your attorney to arrive. Do not leave the court and go home until instructed by our office. Fines are expected to be paid the day of court. If you will have to pay court costs or a fine, bring a checkbook or cash. Most towns and state agencies still do not accept credit cards. COURTROOM PROCEEDINGS AT TRIAL: One of the fundamental rules in a criminal case is that both the prosecution and defense have an opportunity to question the litigant. There are specific rules of evidence, which must be followed by the court. At times, these rules may seem unnecessary or frustrating but they are directed toward one goal- to determine the truth in the case. Some guidelines for you to remember: GUIDELINES FOR MUNICIPAL COURT: 1. Prior to testifying, try to prepare yourself by recalling the incident in your mind, but do not memorize your testimony. 2. You are sworn to tell the truth. Tell it by answering accurately about what you know. 3. Listen carefully to the questions asked and think before speaking. If you do not understand the question, ask that it be repeated or explained. Do not look for assistance from the attorney when you are on the stand. If you need help, ask the Judge. 4. Speak clearly and loudly. 5. Answer only the question asked, directly and simply. Do not volunteer information. 6. Do not guess or speculate. If you do not know the answer, be sure to say so. If you give an estimate, make sure everyone understands you are estimating. 7. Do not answer if there is an objection. 8. Do not lose your temper. Upon cross-examination, remain calm and composed. 9. Always be courteous, even if the attorney questioning you appears to be discourteous. Being polite makes a good impression on the court and jury. Do not try to be smart or evasive. 10. Be serious in and around the courtroom. Avoid joking. 11. Neat appearance and proper dress are important. 12. If the question is about distance or time and your answer is only an estimate, be sure to say that it is only an estimate. 13. Leave the stand with confidence, knowing that you have presented the truth to the best of your ability.  Fears/Threats If you have any fears about your involvement in your case, contact your own towns local police department. On extremely rare occasions, you may receive a threat. If you are threatened, immediately contact your law enforcement agency to get immediate assistance. SUBPOENA A Subpoena is a Court Order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. When you receive a subpoena to appear in court, you are required by law to attend. Be sure to bring the subpoena to court. WHERE DO I GO?  You will find that most court notices and subpoenas will request that you report to the Court on the date set for your appearance. GET COMFORTABLE Get a good nights rest. Dress conservatively. Your normal business attire is probably about right. Be early. Give yourself a few minutes to experience the room in which you are about to testify. It is going to be a strange environment for you, so walk around. Get used to the lighting, the acoustics, and the distance your voice might have to travel. JUST THE FACTS Leave your impressions from film, television and other folklore at home. In the real world, the attorney seeking your testimony wants from you but one thing; the facts. What you saw. What you said. What you did. In limited circumstances, what you heard. Unless you are asked to do so, do not draw conclusions. Unless you were called as an expert witness, keep your opinions for another day. RULES TO REMEMBER Rule 1. If you are asked what time it is, give the time. Dont offer instructions on how to build a watch. Listen to the question, answer that question, then wait for the next one. When they run out of questions, your testimony is over. Dont answer a question you think was asked, should be asked, or want to be asked. And take your time. As with baseball and other matters of importance, there is no clock. Your testimony is very important, thats why you were called in the first place. There is no hurry. As in golf, there are no prizes for speed, just accuracy.  Rule 2. If you do not understand a question, respond by saying I do not understand the question. Have counsel rephrase the question, explain or define any word that you dont understand. Thats what you mean by I do not understand the question. Its not impolite. You are not comparing education. You just dont understand the question. If counsel cannot rephrase the question so you can understand and adequately respond, thats not your problem. Being a witness is hard enough. Rule 3. If you knew the answer some time ago, but do not recall at the moment, say I do not recall Not everyone can remember which shoes they wore the second Tuesday of last month. There is no disgrace in failing to recall certain details, especially when they are remote in time. Your testimony is very important, thats why you were called in the first place. Rule 4. If you are asked a question, and you do not know the answer, say I Do not know. Too many witnesses think they have to know, or are expected to know the answer to practically everything asked of them while on the stand. No one can be expected to know everything. If you seem to, your entire testimony may appear rehearsed and unconvincing. When you dont know, you dont know. SAY SO.. Such a reply is entirely appropriate. Rule 5. Tell the truth. You saw what you saw. You did what you did. If someone else has a different version of these events, well, someone else has a different version of these events. In the end, the judge or jury will sort it all out.  Rule 6. Be yourself. As you would converse with a friend or neighbor, speak in your own words and use your own vocabulary. Answer the questions as naturally as you can. You dont want to sound like an actor delivering memorized lines. There is no getting around it; while giving testimony, you are on stage. Everyone in the room, especially trial counsel, is watching you testify. They not only listen to your word, but also watch how you present them. You must be as relaxed and natural as possible. Body language is a powerful communication tool. Use it properly. Speak up. What you say will be taken down by a tape recorder, sometimes later transcribed onto a printed page. This is called making a record. Consider two limitations in this process; 1. Your testimony has to be verbal. It is difficult to transcribe a nod of the head or shrug of the shoulders. Dont spread your hands apart and claim About this much. If the answer is two and one half feet, say so. 2. Only one person can speak at a time. Pace your responses so as to avoid talking over the attorney asking the questions. HELP YOURSELF Give straight, direct and specific answers whenever possible. Depending upon the question being asked, try and avoid needless qualifiers like In my opinion, I guess, I think, and I believe JUST THE FACTS. Any reservations displayed on direct examination will come back to you on cross. If the answer is yes, blue or I dont know, SAY SO. Dont guess, exaggerate, or speak in broad, sweeping terms. Try not to generalize, and do not explain anything unless specifically instructed to do so. If you make a mistake, or give the wrong answer, STOP.. As soon as you realize you have given the wrong information, or left something out, STOP. Tell the attorney you made a mistake, say I made a mistake. May I correct myself. Clear the record then and there. It is much better than to have the opposing attorney question you about it later on cross examination. If there is an objection, or if the judge or another attorney interrupts your testimony; FREEZE. Do not say another word until instructed to do so. The lawyers will argue out the problem on the spot. Wait until told to proceed. There is no need to squeeze in an answer during this process. Let the lawyers work it out, thats what they do. HELP THE COURT Some attorneys or prosecutors lose their manners right after the bar exam. Some have the personality of a briefcase. For others, this would be an improvement. Do your best anyway, and try to be polite. If you have a bad temper, leave it in the elevator. Do not engage in a battle of wits. You cant win. Its not because you dont get to ask questions. You are gathered for the purpose of finding the truth, not to judge who can best exchange sarcastic remarks.

Termination of Domestic Partnership NJ

 

Termination of Domestic Partnership

1. It is hereby agreed that _________________ and _________________, who have been domestic partners living together at [specify address and type of premises, apartment or house], shall separate and go their own ways. At this time neither party has the intention of resuming their former domestic partnership arrangement. 2. It is also agreed that each party shall retain complete and total control over his/her separate property, including any furnishings or furniture, that each brought into the relationship. A list of each party’s separate property is attached hereto as Exhibit A. 3. It is further agreed that the items listed in Exhibit B were purchased and are owned jointly by the parties. The parties divided these items in a fair and equitable manner. Each party is entitled to complete and total control over the items listed under their respective names in Exhibit B. 4. The parties agree to dispose of any and all joint debts and other joint obligations in the following manner: [specify each creditor, amount owed, who will pay obligation, indemnification clause]. 5. The parties also agree [that both of them are leaving the shared premises] or [that __________________________________ is leaving the shared premises and _____________________________ will remain in the shared premises]. The one staying shall assume all responsibility for said premises from this date forward, except for any common debts incurred by the parties during their relationship. ____________ will take whatever action is required to [remove ______________’s name from the lease] or [refinance the mortgage]. 6. The party who is leaving agrees not to reenter the premises without the remaining party’s permission, nor will he/she remove any items from the premises without the other party’s knowledge. 7. [Specify how jointly owned real estate is to be valued, listed, and sold]. 8. Neither party shall have any claim against the other party’s business interests, pension or retirement funds, insurance proceeds, rights of inheritance, or any other property not specifically described in this Agreement. 9. Neither party shall have a claim to compensation from the other for services rendered during the time they lived together, for financial support of any kind, or for any other property, assets, or money not described in this Agreement. 10. The parties agree to resolve any dispute arising from this agreement through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help the parties dissolve their relationship and resolve any differences concerning a division of jointly held property or other issues in a mature and unemotional manner. The parties agree to enter into mediation in good faith. [Parties agree to engage attorneys practicing collaborative law in order to resolve the issues involved in the termination of their relationship. Both parties understand that the collaborative process is engaged in with the specific intent to avoid litigation.] 11. In the event that the parties’ attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol: a. Deliver a written demand for arbitration to the other person and name one arbitrator; b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice; c. The two named arbitrators shall select and name a third arbitrator; d. The arbitration meeting will take place within seven days following the selection of the third arbitrator; e. Each party is entitled to retain legal counsel at his/her own expense; f. Each party may present witnesses and evidence at the arbitration hearing; g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each party. The parties agree that neither one shall seek relief from the arbitration decision in court. h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it. 12. Each party states that he/she entered into this Agreement freely and voluntarily, without fraud, duress, threats, or coercion. The parties, by signing below, indicate their intention to participate in this Agreement and the provisions set forth herein. Signed this ___ day of ______, 20__. __________________________________ ______________________________ Signature Signature State of ___________________ County of _________________ _______________________ and ________________________, the Principals, personally appeared before me and executed and acknowledged this Termination of Domestic Partnership/Living Together Arrangement before me this ____ day of _________, 20__. _____________________________________ Notary Public