Depos v. Depos
New Jersey Superior Court, Chancery Division
704 A.2d 1049 (1997)
- Written by Haley Gintis, JD
Facts
On August 28, 1997, Mrs. Depos (plaintiff) petitioned for a domestic-violence order of protection under New Jersey’s Prevention of Domestic Violence Act (PDVA) against her brother-in-law, Mr. Depos (defendant). The court issued a temporary order and scheduled a hearing to determine whether a more permanent order was warranted. Prior to the hearing, Mr. Depos served Mrs. Depos with a deposition notice. In response, counsel for Mrs. Depos informed counsel for Mr. Depos that Mrs. Depos would not participate in a deposition unless it was court ordered. Mr. Depos filed with the court a request for leave to take the deposition. The court allowed for oral arguments on the matter. Mr. Depos claimed that the deposition was necessary because it would show that the court lacked subject-matter jurisdiction because Mrs. Depos and Mr. Depos never lived together. Mr. Depos also claimed that the deposition was necessary because he had a right of notice to the allegations against him under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Dilts, J.)
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