njcourts.gov
… and complaint-warrant. In a letter brief in support of defendant's motion, his counsel explained: … Defendant's arguments are based on mere speculation unsupported by competent proofs. Indeed, it is … of the first pages is identical. Nothing in the record supports defendant's speculation that the State is in …
njcourts.gov
… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … Adar every reasonable inference from the facts alleged in support of its quasi-contract claim for unjust enrichment, …
njcourts.gov
… and 4:50-1(b)-(f). Plaintiff submitted a certification in support of the motion in which he contended, among other … [an order] on one of the six specified grounds is a determination left to the sound discretion of the trial court, … Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional circumstances entitling …
njcourts.gov
… should accept a trial court's findings of fact that are supported by substantial credible evidence." In re Return of … the girlfriend was harassing and concerning, the judge's determination also rested on Esposito's threats to the … findings of fact. The judge's factual findings were supported by substantial credible evidence in the record. …
njcourts.gov
… Office reopened the investigation in August 2001 at the children's request. Law enforcement interviewed additional … that occurred after the murder, and the sentence was supported by two court decisions that were decided after … imposed because the 8 A-2664-22 sentencing court's determination he was a persistent offender was improperly …
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017). We … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
njcourts.gov
… The court provided the following explanation for its determination: In the present case, [defendant] was known to … the trial court's decision so long as those findings are supported by 8 A-0003-22 sufficient credible evidence in the … the absence of any explanation for the basis of a court's determination, which hinders appellate review, we must vacate …
njcourts.gov
… the law." 7 A-1760-22 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" …
njcourts.gov
… N.J. Super. 149, 159 (App. Div. 2009). The circumstances supporting a finding of excusable neglect must be … the PCR "petition itself must allege the facts relied on to support the [excusable neglect] claim," State v. Mitchell, …
njcourts.gov
… DEFENDANT THE OPPORTUNITY TO SUBMIT A MERITS BRIEF IN SUPPORT OF HIS SECOND PCR CLAIMS. POINT II AS DEFENDANT … the outcome of the trial might well have been different. In support, the Court favorably cited our 2012 opinion’s …
njcourts.gov
… to evidentiary hearings if they present a prima facie case supporting PCR, the court determines there are material … defer to the PCR court's factual findings when those are "'supported by adequate, substantial[,] and credible …
njcourts.gov
… (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … in that regard" without further explanation.3 There is no support for that statement in the record. Therefore, we …
njcourts.gov
… two issues together and relies on the same arguments in support and in the alternative: her March 9, 2022 … purported extraordinary circumstances were insufficient to support leave to file a late notice of tort claim. Separate …
njcourts.gov
… Department of Labor, affirming the Appeal Tribunal's determination he was liable to repay $12,240 in unemployment … Act), 15 U.S.C. §§ 9001-9141. The record and applicable law support the Board's determination that Jimenez was disqualified for regular …
njcourts.gov
… addresses (radius depending on 7 A-2842-21 location)." In support of that application, the State presented the court … criteri[a]" involved in a Megan's Law classification determination. Id. at 569. We have also stated that a motion … it must file an appropriate motion under Rule 4:50-1 and support that motion with a complete record, including a copy …
njcourts.gov
… the presentation of plaintiff's testimony based on its determination that her testimony was not credible. Because the … woman who steals his money, a bad mother[,] and that her children are bad as well" and as a result "many of her … in the [TRO]," amounted to 7 A-0521-23 "bare allegations unsupported by any documentary evidence," and her responses to …
njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, our review of the Law Division judge's legal determinations is plenary. State v. Kuropchak, 221 N.J. 368, … concept of passively allowing something to happen. Case law supports these common notions of "permit" and "suffer" that …
njcourts.gov
… to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (2018). One purpose of the juvenile code is "to remove from children committing delinquent acts certain statutory …
njcourts.gov
… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
njcourts.gov
… for filing their complaint and to supplement the record. In support of their motion, plaintiffs submitted several … N.J.S.A. 40:55D-10(f) and addressing issues not ripe for determination. Because we agree plaintiffs' complaint was … of prerogative writs shall be commenced . . . to review a determination of a planning board or board of adjustment . . . …