If we ignore back channels and golf greens that we all know exist, does Nifong have any standing at all in a Civil case?
I don't think so, especially if it's outside NC.
He will probably try to intervene to seek abatement, or he'll get a surrogate, or he'll get her lawyers to so move, with his affidavit in support. I say any way he addresses it, you make him show up in a court in Jersey, swear to tell the truth, and then sit for cross examination.
If the judge was game, you could prove his unethical conduct from his own testimony.