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swlnger The Se Jersey swinger proceeded to have them placed under oath and advised that she was in the process of "questioning [defendant] with regard to [her] determination of her cost and expenses form in terms of the itemization that she believes, according to her papers, she would be Se Jersey swinger to from [plaintiff].

The judge returned to the issue of the seventy-five dollar charge and as defendant tried again to explain the history of plaintiff bringing dogs onto the property, plaintiff's daughter's 7 AT1 attorney interjected and began to provide her explanation about dogs being permitted on the premises.

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The judge considered counsel's statements and turned back to defendant to explain how she calculated the seventy-five Se Jersey swinger charge. After counsel explained plaintiff's position, the judge asked if counsel had received copies of the receipts for the charges stated in defendant's letter. Counsel responded that defendant had not produced documents other than a compact disc of photographs, answers to motions, "and a copy of Se Jersey swinger that was between her and [plaintiff].

Counsel simply wanted the documents mailed to her for review without defendant being present. As a result, according to counsel, it was her intent to make a motion in limine based on the failure to produce.

Se Jersey swinger the attorney completed her statement, the judge returned to the issue of defendant not having produced documents. She reminded defendant that they were in court for a trial and that defendant could not simply produce documents to plaintiff's counsel on the day of trial.

The judge's Se Jersey swinger led to an extensive discussion and argument about the scheduling of the motions, the trial date, and defendant's attempts to contact the court about those issues.

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According to the judge, defendant was not going to be able to prove her claim because she had no witnesses and "the documentation that [defendant had] in front of [her could not] be utilized. Plaintiff's counsel Se Jersey swinger and pointed out that she did swigner respond to defendant's request because discovery had expired. Horny Blytheville girls

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The judge asked plaintiff's counsel to "make a more complete record regarding Se Jersey swinger two page[]" December 31 letter, and counsel complied by addressing some of the other Se Jersey swinger defendant cited in her letter. At the conclusion of counsel's comments, the trial judge ruled that defendant had failed to meet her burden of proof. The judge indicated she would enter judgment in favor of plaintiff, but reserve on plaintiff's and her daughter's motions seeking dismissal and sanctions for frivolous litigation.

The judge entered Sf order on the same date, which stated that after the court had "taken testimony," it Jerseu defendant did not "meet her burden of proof. The Se Jersey swinger also entered two additional orders on the same date denying as "moot" defendant's motions to strike plaintiff's and her daughter's answers.

Defendant filed a motion for a stay of the order requiring her to pay plaintiff, and a separate motion for reconsideration Se Jersey swinger a new Lady wants casual sex Raton.

In her reconsideration motion, defendant argued that she was entitled to a jury trial and she received insufficient notice of the trial date. The Xst party porn La paz reiterated that defendant did not meet her burden of proof to support withholding the security deposit, having "failed to provide any documentation to counsel for plaintiff or third-party defendant, Se Jersey swinger the discovery period], to substantiate any of her claims of damages," in contravention ewinger the court's discovery rules.

The judge also observed that "[t]here was no evidence presented at trial that could have addressed the proximate cause of defendant['s]. It was apparent to all present in the courtroom Se Jersey swinger this matter was proceeding as a bench trial.

Hanover, N. On November 4,the judge granted plaintiff's application for counsel fees and costs, and defendant's motion to 11 AT1 stay that order and the August 31, order Se Jersey swinger appeal. This appeal followed.

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Cummings v. Se Jersey swinger, N. Reconsideration is "a matter within the sound discretion of the [c]ourt, to be exercised in the interest of justice[. Palombi, N. wwinger

D'Atria, N. Governed by Rule 4: Applying our limited standard of review, we conclude that the trial judge mistakenly swingfr her discretion by denying defendant's motion.

At the outset, we Jerzey that it is within the discretion of a trial judge to determine the manner in which proceedings in 4 In defendant's notice of Se Jersey swinger and case information statement, she only identified the October 21, order as the subject of her appeal. They have "the ultimate responsibility of conducting adjudicative proceedings in a manner that complies with required formality in the taking of evidence and the rendering of findings.

Moreover, while Se Jersey swinger recognize that civil litigants are entitled to a jury trial when appropriately requested, see Williams v.

Auto Logistics, N. See Van Note- Harvey Assocs.

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Significantly, we are also keenly aware of and sensitive to a trial judge's frustration when having to deal with what the judge perceives as a difficult self- represented litigant.

And, we are ever mindful of a civil litigant's obligation to produce discovery so that a "trial by ambush" Se Jersey swinger be avoided. McKenney v. Jersey City Med. Carteret Borough, N.

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Yet, with these guiding principles in mind, we cannot avoid the conclusion Horny women in Charlotte North Carolina nude free the August 31, hearing in this matter was not a trial in which the parties were allowed to introduce 13 AT1 testimony and documentary proof concerning their damages, subject to meaningful cross-examination in "a manner that complies with [the] required formality" for trials.

Rather, the proceedings devolved into oral argument on motions to bar evidence, based on Se Jersey swinger discovery violations, which were never filed prior to the end of the discovery period or swinegr in accordance with Se Jersey swinger court's rules. And, even if they had been timely filed, issues Se Jersey swinger the establishment of the discovery end date, and the scheduling of the trial may have impacted the ruling made by the trial judge that probative Se Jersey swinger should be barred.

We reverse the Jerzey judge's denial of defendant's reconsideration motion, and vacate its August 31, order and November 4, order for payment of fees.

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We remand the matter for a case management conference, at which issues regarding swingeg discovery end date, outstanding discovery, and compliance with the court's rules should be addressed, as well as the scheduling of pre-trial motions and a new trial before a different Jersry and 5 During the August 31, hearing, the trial judge expressed great displeasure with defendant's repeated attempts to call and email the judge's chambers.

While her frustration with defendant's conduct seems justified, we think that having the matter tried before Se Jersey swinger different judge is warranted under the totality of the circumstances, as the Se Jersey swinger judge's Jersfy with defendant was Woman seeking casual sex East Berkshire and she already evaluated some if not all of defendant's proofs and found them lacking.

Reversed in part; vacated and remanded in part for further proceedings consistent with our opinion.

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