Articles Tagged with capacity to testify

In a recently published trial court decision, Marsico-v-Marsico, the Honorable Lawrence R. Jones, J.S.C., dealt with the novel question of law as to whether or not a designated power of attorney could appear and testify on behalf of or in lieu of a divorce litigant.  After addressing this issue, Judge Jones ultimately decided that a power of attorney could not in fact appear and testify on behalf of a divorce litigant.  Judge Jones was able to delineate and distinguish the factual circumstances of prior case law wherein similar situations were allowed to proceed. Continue reading ›