856-428-8334
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054     $ Make a Payment
Adinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PA
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
    • Referrals
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
    • Winnie Chen
  • Practice Areas
    • Marriage Law
      • Same-Sex Marriage
      • Domestic Partnerships
      • Prenuptial Agreements
      • Palimony
      • Name Changes
    • Divorce & Separation
      • Equitable Distribution
      • Alimony | Spousal Support
      • Child Custody
      • Child Support
      • Remarriage, Alimony & Child Support in New Jersey
      • Family Law Appeals
    • Additional Areas
      • Domestic Violence & Restraining Orders
      • Child Protection and Permanency
      • Stepparent Adoption
      • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us

Discovery in New Jersey

Discovery in New Jersey

By Julie R. Burick, Esq. | Blog | 0 comment | 8 December, 2020 | 0

I’m Not Telling and You Can’t Make Me

We have all seen shows on television where the case is mid-trial, someone is sitting in the witness box being examined by an attorney pacing in front of the witness box or leaning on the jury box only for the courtroom door at the back of the room to open, someone make a dramatic entrance and either be the “surprise” witness or hurry to the front of the courtroom to have a whispered discussion with one of the attorneys for the attorney to then say “Your Honor, if I may have a brief recess…” Dun dun dun…

Well, that is on television and in the movies. In the real world, there is something called discovery and a duty of fairness. There is no dramatic entrance by a surprise witness. There is no groundbreaking revelation whispered to the attorney that rocks the litigation to its core. Why? Because unlike on television and in the movies, no one is permitted to call a witness or use evidence that was not first disclosed to the other side with enough advance notice to allow them to perform their own due diligence. That is called “discovery”. Makes sense, right? Each party has a right to “discover” what they need to know to present, prosecute and defend their case. Perfectly logical. R. 4:10-2 provides, in pertinent part,

[p]arties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action…It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence; nor is it ground for objection that the examining party has knowledge of matters at to which discovery is sought. (Emphasis added).

Discovery rules are designed to do the exact opposite of that which we watch on television. They are designed to ensure that everyone is on the same page, has all the same access and information and any skeletons in the closet are dusted off and brought out into the open. Full disclosure. No surprises. Our justice system does not value hiding the ball or the tax returns, or the bank records, or the family jewels or whatever else it is that has suddenly gone missing.

In family law cases, economics are often an issue, whether it is alimony, equitable distribution, child support, college contribution and/or counsel fees. That is why we have our own special Case Information Statement (CIS) and rules that apply to the CIS. We hear over and over again someone is hiding things – cash, bank accounts, credit cards, important documents, assets, debts, etc. And that may be true at times. Are there people who surreptitiously hide things hoping the other party never finds it? Probably. Is that always the case? No. Is there a way to get the information? Usually. There are several Rules specific to different forms of discovery all designed to eliminate surprise and ferret out the information needed.

So the next time someone says that they won’t tell you where the missing  (fill in the blank) went, keep in mind that there very well may be a way to get it in discovery even if your adversary won’t tell. 

Julie Burick, Esq. is a partner and shareholder with Adinolfi, Lieberman, Burick, Falkenstein, Roberto & Molotsky, PA. She has focused her practice on all aspects of divorce and family law to include complicated appellate cases. No matter what the facts of your particular situation having an attorney who has significant experience and knowledge of the law is important to resolving your matter quickly and fairly.

court rules, discovery, divorce, family court, family law, new jersey divorce

Related Posts

  • Robert J. Adinolfi, Esq.

    Early Retirement and Alimony

    By Robert J. Adinolfi, Esq. | 0 comment

    Firefighters, police officers, correctional officers, surgeons and others in physically demanding careers often retire well before the traditional retirement age. If you pay alimony, that raises an important question: can you retire early, and whatRead more

  • High Net Worth Divorce New Jersey

    High-Net-Worth Divorce in New Jersey: Privacy, Preparation and Strategic Decision-Making

    By Thomas A. Roberto | 0 comment

    For a physician, chief executive, financial professional, public figure or business owner, divorce can create concerns that go well beyond the end of the marriage. How will sensitive financial information be handled? Will the disputeRead more

  • business valuation divorce new jersey

    What Happens to a Medical Practice or Closely Held Business in a New Jersey Divorce?

    By Thomas A. Roberto | 0 comment

    For a physician, entrepreneur, partner or closely held business owner, divorce can affect much more than personal finances. It can raise questions about the value of the practice, ownership rights, cash flow, professional goodwill, businessRead more

  • Executive Compensation Divorce New Jersey

    Divorce and Executive Compensation in New Jersey: Protecting Stock Options, Bonuses and Deferred Income

    By Thomas A. Roberto | 0 comment

    For corporate executives and other highly compensated professionals, income is rarely limited to a regular paycheck. Annual bonuses, restricted stock units, stock options, deferred compensation, carried interests, partnership distributions and long-term incentive plans may representRead more

  • Are you really going to take half of my jewelry?

    Are you really going to take half of my jewelry? – NJ Equitable Distribution

    By Julie R. Burick, Esq. | 0 comment

    When a marriage ends, one of the more surprising questions clients ask is about gifts: Can my spouse really claim half of the jewelry they gave me? In New Jersey, the answer is often yes,Read more

Leave a Comment

Cancel reply

You must be logged in to post a comment.

Adinolfi, Roberto & Burick, P.A.

Located in Mount Laurel, New Jersey, Adinolfi, Roberto & Burick, P.A. is one of the largest family law firms focused on Divorce and Separation • Military Divorce • Same-Sex Marriage and Domestic Partnerships • Domestic Violence & Restraining Orders • Mediation & Alternative Dispute Resolution (ADR) • Palimony• Prenuptial Agreements • Matrimonial Appeals

Attorney Advertising

Adinolfi, Roberto & Burick, P.A. is responsible for the content of this website. The information presented on this site is for general information only and should not be construed as formal legal advice nor the formation of a lawyer/client relationship. No aspect of this website has been approved by the Supreme Court of New Jersey.

Contact Information

P: 856-428-8334
F: 856-428-8779
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054
  • Make a Payment
  • FAQ
  • Privacy Policy
  • Terms of Use
© 2026 Adinolfi, Roberto & Burick, P.A. All rights reserved.
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
  • Practice Areas
    • Divorce & Separation
    • Marriage Law
    • Domestic Violence & Restraining Orders
    • Stepparent Adoption
    • Child Protection and Permanency Matters
    • Children with Special Needs or Autism
    • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us
    • Referrals
Adinolfi, Roberto & Burick, PA