Law Office Of Paul DePetris
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How to Answer New Jersey Motions

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The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, New Jersey court Rules often cross reference other rules – rules that apply to New Jersey court Cases as well as to other types of civil cases not being heard in New Jersey court.

ANSWERING A NEW JERSEY MOTION
This article does not focus or discuss in detail the requirements of New Jersey summary judgment motions, since that topic is discussed in other articles on this website.

WHAT IS A NEW JERSEY COURT MOTION?
A New Jersey court motion is a New Jersey plaintiff or New Jersey defendant’s formal request, made by an application called a New Jersey motion, to have the New Jersey court take some action in favor of the New Jersey plaintiff or New Jersey defendant making the New Jersey court motion. The New Jersey plaintiff or New Jersey defendant making the New Jersey motion is called the “moving New Jersey plaintiff or New Jersey defendant” or “movant” and the New Jersey plaintiff or New Jersey defendant answering the New Jersey motion is called the “respondent” or “responding New Jersey plaintiff or New Jersey defendant” or “nonmoving New Jersey plaintiff or New Jersey defendant” or “opposing New Jersey plaintiff or New Jersey defendant”. The New Jersey court papers submitted with the New Jersey moving New Jersey plaintiff or New Jersey defendant’s motion are called “moving papers” and the New Jersey court papers submitted in opposition to the New Jersey motion are called “opposition papers.” The date that the New Jersey motion is scheduled to be heard is called its “return date” or “hearing date”. If you face a New Jersey court motion, given the complex nature of such New Jersey motions and frequent changes in the law and court rules, you should seek professional advice from a New Jersey lawyer. No website is a substitute for competent New Jersey legal advice. This article is about New Jersey court motions other than those that are filed and heard in the New Jersey court, Small Claims Section or the Superior Court of New Jersey, Law Division, Civil Part or the Superior Court of New Jersey, Chancery Division, the Superior Court of New Jersey, Criminal Part.

WHAT ARE EXAMPLES OF THE TYPES OF NEW JERSEY COURT MOTIONS?
There are many kinds of New Jersey court Motions. Some of these include the following:
• New Jersey motion to dismiss New Jersey court complaint for failure to answer New Jersey interrogatories.
• New Jersey motion to suppress a New Jersey court answer for failure to answer New Jersey interrogatories.
• New Jersey motion for more specific answers to New Jersey court interrogatories.
• New Jersey motion to transfer a New Jersey court case from the New Jersey court to the New Jersey Law Division.
• New Jersey motion to dismiss New Jersey court complaint for failure to state a claim for relief.
• New Jersey motion for summary judgment.
• New Jersey motion for leave to file an amended complaint.
• New Jersey motion to transfer venue of the New Jersey court case from one county to another county.

CAN I JUST SHOW UP TO A NEW JERSEY COURT MOTION HEARING WITH DOCUMENTS AND EXPECT TO WIN THE NEW JERSEY COURT MOTION HEARING?
Many New Jersey plaintiffs and New Jersey defendants think they just show up at a New Jersey court motion hearing without first filing any papers answering the New Jersey motion and that the New Jersey court court shall let them tell their story. This is not usually how New Jersey court motions work! Never assume you can just show up to New Jersey court with documents and try to oppose a New Jersey motion! If you fail to file a written response to the New Jersey motion in the time required by the New Jersey Court Rules, the New Jersey court motion may be decided against you! Before being heard on a New Jersey motion, you must usually file New Jersey paperwork with the New Jersey court – normally, more than a simple letter. The New Jersey rules require motions to be answered a specific way. Many New Jersey plaintiffs and New Jersey defendants fail to properly answer New Jersey motions and lose the New Jersey case because they failed to properly answer the New Jersey motion filed against them. New Jersey motions are often complex and answering New Jersey motions often requires many hours of work and the careful preparation of New Jersey motion opposition papers or New Jersey motion answer and the timely filing and service of those New Jersey motion opposition papers or New Jersey motion answer. New Jersey plaintiffs and New Jersey defendants that use New Jersey forms are not guaranteed of success. New Jersey forms do not fill themselves out properly and New Jersey forms are no substitute for competent New Jersey legal advice by a New Jersey trial attorney.

WHAT ARE NEW JERSEY MOTION PAPERS?
The New Jersey documents that a New Jersey plaintiff or New Jersey defendant files with the New Jersey court in support of a New Jersey motion are called New Jersey motion papers. New Jersey motion papers may include the following:
• New Jersey Notice of New Jersey motion
• New Jersey Brief in support of the New Jersey motion
• New Jersey affidavit in support of the New Jersey motion
• New Jersey exhibits to the New Jersey affidavit in support of the New Jersey motion
• New Jersey certification in support of the New Jersey motion
• New Jersey exhibits to the New Jersey certification in support of the New Jersey motion
• New Jersey Proof of service of the New Jersey motion on other New Jersey plaintiffs and New Jersey defendants to the New Jersey case
• New Jersey order for the New Jersey court to sign if the New Jersey motion is granted.
• Statement of material facts.

WHAT ARE NEW JERSEY OPPOSTION PAPERS?
Normally, to defeat a New Jersey motion, you must respond to a New Jersey motion a specific way by preparing New Jersey opposition papers which answer the New Jersey motion or which respond to the New Jersey motion. The New Jersey rules include mandatory requirements for New Jersey opposition papers. New Jersey opposition papers may include the following:
• New Jersey Brief in support of the New Jersey opposition to the New Jersey motion
• New Jersey affidavit in support of the New Jersey opposition to the New Jersey motion
• New Jersey exhibits to the New Jersey affidavit in support of the New Jersey opposition to the New Jersey motion
• New Jersey certification in support of the New Jersey opposition to the New Jersey motion
• New Jersey exhibits to the New Jersey certification in support of the New Jersey opposition to the New Jersey motion
• New Jersey proof of service of the New Jersey opposition papers on other New Jersey plaintiffs and New Jersey defendants to the New Jersey case
• Response to statement of material facts

WHEN ARE NEW JERSEY COURT MOTIONS FILED AND HEARD?
Other than an ex parte motion and except as otherwise provided by the New Jersey Court Rules, such as the exceptions for New Jersey summary judgment motions, a notice of New Jersey motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by New Jersey court order, which may be applied for ex parte. Thus, for example, if the New Jersey motion return date, also known as the New Jersey motion hearing date of the New Jersey motion is a Friday, the New Jersey motion must be filed and served not later than the Wednesday, 16 days prior. If a New Jersey motion is supported by a New Jersey affidavit or a New Jersey certification, the New Jersey affidavit or a New Jersey certification shall be filed and served with the New Jersey motion. Except as provided by R. 4:49-1(b) (a New Jersey motion for new trial), any opposing New Jersey affidavits, New Jersey certifications or New Jersey motion objections or New Jersey motion answers shall be filed and served not later than 8 days before the New Jersey motion return date, also known as the New Jersey motion hearing date unless the court relaxes that time. Thus, for example, if the New Jersey motion return date, also known as the New Jersey motion hearing date is on a Friday, any response must be filed and served no later than Thursday of the prior week. New Jersey motion reply papers responding to New Jersey opposing affidavits or New Jersey certifications shall be filed and served not later than 4 days before the New Jersey motion return date, also known as the New Jersey motion hearing date unless the New Jersey court otherwise orders. Thus, for example, such New Jersey reply papers must be filed and served on Monday for a New Jersey motion return date or New Jersey motion hearing date of the following Friday. No other New Jersey motion papers or New Jersey motion opposition papers or New Jersey motion answer papers may be filed without leave of the New Jersey court. A New Jersey cross-motion may be filed and served by the responding New Jersey plaintiff or New Jersey defendant together with that New Jersey plaintiff or New Jersey defendant's opposition to the New Jersey motion and noticed for the same New Jersey motion return date or New Jersey motion hearing date only if it relates to the subject matter of the original New Jersey motion. A New Jersey cross-motion relating to the subject matter of the original New Jersey motion shall, if timely filed pursuant to the New Jersey court rules, relate back to the date of the filing of the original New Jersey motion. The original moving New Jersey plaintiff or New Jersey defendant 's response to the New Jersey cross-motion shall be filed and served as provided by the New Jersey court rules that apply to New Jersey motion reply papers. The New Jersey court may, however, on request of the original moving New Jersey plaintiff or New Jersey defendant, or on its own motion, enlarge the time for filing a New Jersey answer to the New Jersey cross-motion, or fix a new New Jersey motion return date or New Jersey motion hearing date for both. No New Jersey reply papers may be served or filed by the New Jersey cross-movant without leave of court. For purposes of this rule, service of New Jersey motion papers is complete only on receipt at the office of adverse counsel or the address of a New Jersey pro se plaintiff or New Jersey pro se defendant. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. When a civil action has been specially assigned to an individual judge for case management and disposition of all pretrial and trial proceedings and in all cases pending in the Superior Court, Chancery Division, the judge, on receipt of motion papers, shall determine the mode and scheduling of the disposition of the motion.

WHAT HAPPENS IF I IGNORE A NEW JERSEY MOTION?
If a New Jersey plaintiff or New Jersey defendant files a New Jersey motion, the New Jersey court hearing the New Jersey motion may mark the New Jersey motion as uncontested and thereafter the New Jersey order sought may be entered in the discretion of the New Jersey judge hearing the New Jersey motion unless the New Jersey plaintiff or New Jersey defendant against whom the New Jersey motion is filed files with the New Jersey court and serves on the other New Jersey plaintiffs and New Jersey defendants the proper New Jersey motion opposition papers or New Jersey motion answer. Ignoring a New Jersey motion could result in a New Jersey money judgment being entered against you or the dismissal of your New Jersey case and possibly exposes you to the risk of having your wages attached, your bank accounts frozen and the money given to the winning New Jersey plaintiffs and New Jersey defendants in the New Jersey case, your personal property sold and a lien put against any homes or other real property you may own. If a New Jersey motion is filed against you, to try to avoid the entry of a New Jersey court order against you, you must respond to the New Jersey court motion in writing and in the proper way and before the deadline for a response expires.

WHAT IS A NEW JERSEY NOTICE OF MOTION?
A New Jersey notice of motion is a document containing certain language which tells all other New Jersey plaintiffs and New Jersey defendants and the New Jersey court certain information about the New Jersey moving New Jersey plaintiff or New Jersey defendant’s motion. The New Jersey notice of motion instructs the New Jersey court hearing the New Jersey court motion and all New Jersey plaintiffs and New Jersey defendants involved in the case who filed New Jersey case papers with the New Jersey court of crucial information regarding the New Jersey court motion. Certain types of New Jersey notices of New Jersey motion must have specific disclosures as required by the New Jersey Court Rules.

WHAT IS A NEW JERSEY COURT PROOF OF SERVICE?
In all New Jersey lawsuits, unless otherwise provided by New Jersey rule or New Jersey court order, New Jersey motions (other than those made without notice to other New Jersey plaintiffs and New Jersey defendants) and New Jersey briefs, New Jersey appendices, New Jersey petitions and other New Jersey court papers offered in support of or in opposition to motions must be served upon all attorneys of record in the New Jersey case and upon New Jersey plaintiffs and New Jersey defendants appearing pro se; but no service need be made on New Jersey plaintiffs and New Jersey defendants who have failed to appear (that is, New Jersey plaintiffs and New Jersey defendants who were named to a New Jersey case but failed to ever file any papers whatsoever with the New Jersey court). New Jersey proof of service of a New Jersey court motion may be made (1) by an acknowledgment of service, signed by the New Jersey lawyer for a New Jersey plaintiff or New Jersey defendant or signed and acknowledged by the New Jersey plaintiff or New Jersey defendant, or (2) by an New Jersey court affidavit of the person making service, or (3) by a New Jersey court certification of service appended to the New Jersey court paper to be filed and signed by the New Jersey lawyer for the New Jersey plaintiff or New Jersey defendant making service. If service has been made by mail the New Jersey court affidavit or New Jersey court certification shall state that the mailing was to the last known address of the person served. A proof of service made by New Jersey court affidavit or New Jersey court certification shall state the name and address of each attorney served, identifying the New Jersey plaintiff or New Jersey defendant that attorney represents, and the name and address of any New Jersey pro se plaintiff or New Jersey pro se defendant. The New Jersey proof shall be filed with the New Jersey court promptly and in any event before action is to be taken on the matter by the New Jersey court. Where service has been made by registered or certified mail, filing of the return receipt card with the New Jersey court shall not be required. Failure to make proof of service does not affect the validity of the service, and the New Jersey court at any time may allow the New Jersey proof to be amended or supplied unless an injustice would result.

In New Jersey court motions, the New Jersey proof of service most often takes the form of an New Jersey court affidavit or New Jersey court certification that states that the New Jersey plaintiff or New Jersey defendant submitting papers to the New Jersey court for filing served those papers on all New Jersey plaintiffs and New Jersey defendants involved in the case that ever filed New Jersey case papers with the New Jersey court (New Jersey plaintiffs and New Jersey defendants that entered their “appearance” such as by filing a complaint or answer or motion in the case). The New Jersey proof of service should include the names and addresses of all those New Jersey plaintiffs and New Jersey defendants – their attorneys’ names and addresses only, if they are represented (and the name of the New Jersey plaintiffs and New Jersey defendants that each attorney represents) and for the self represented New Jersey plaintiffs and New Jersey defendants, their names and addresses.

HOW DO I SERVE A NEW JERSEY COURT OPPOSITION PAPERS ON OTHER NEW JERSEY PLAINTIFFS AND NEW JERSEY DEFENDANTS IN THE NEW JERSEY COURT?
Service of New Jersey court opposition papers is complete only on receipt at the office of adverse counsel or theddress of a New Jersey pro se New Jersey plaintiff or New Jersey defendant. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon a New Jersey attorney of New Jersey motion or New Jersey opposition papers is made by mailing a copy to the New Jersey lawyer at his or her office by ordinary mail, by handing it to the New Jersey lawyer or by leaving it at the office with a person in the New Jersey lawyer's employ or if the office is closed or the New Jersey lawyer has no office, in the same manner as service is made upon a New Jersey plaintiff or New Jersey defendant pursuant to the New Jersey Court Rules. If the New Jersey plaintiff or New Jersey defendant to be served is not represented by a New Jersey attorney, service of New Jersey motion or New Jersey opposition papers upon that New Jersey plaintiff or New Jersey defendant is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the New Jersey plaintiff or New Jersey defendant’s last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey court. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine theddressee's street address or if the post office does not make street address delivery to theddressee. The specific facts underlying the diligent effort required by this rule shall be recited in the New Jersey proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a New Jersey plaintiff or New Jersey defendant’s whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the New Jersey proof of service required by New Jersey Court Rule 1:5-3 asserts that the New Jersey plaintiff or New Jersey defendant making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

WHAT ARE NEW JERSEY COURT AFFIDAVITS AND NEW JERSEY COURT CERTIFICATIONS?
New Jersey court affidavits are written statements:
• made in the first person.
• divided into numbered paragraphs.
• that have a caption which includes a designation of the particular proceeding the New Jersey court affidavit supports or opposes and the original date, if any, fixed for the New Jersey motion hearing for which the New Jersey court affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey court affidavits.

The person making the New Jersey court affidavit is called “theffiant”.

New Jersey court certifications are written statements made instead of New Jersey court affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey court affidavits plus the following language before the signature of the individuals making the New Jersey court certification: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment."

If a New Jersey court motion is based on facts not appearing in the New Jersey court’s records or not judicially noticeable, the New Jersey court may hear the New Jersey court motion if it is supported by New Jersey court affidavits or New Jersey court certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which theffiant is competent to testify. If the New Jersey court affidavit or New Jersey court certification refers to documents, true and correct copies of the New Jersey documents, theuthenticity of which must be affirmed or certified to, should be attached to the New Jersey court affidavit or New Jersey court certification. Once a New Jersey plaintiff or New Jersey defendant submits New Jersey court affidavits or New Jersey court certifications, the New Jersey court may direct theffiant to submit to cross-examination or may hear the New Jersey court motion wholly or partly on oral testimony or New Jersey depositions. Since the rules require that New Jersey court affidavits and New Jersey court certifications be made from personal knowledge, New Jersey court affidavits and New Jersey court certifications submitted in support of New Jersey motions should not include facts based merely on "information and belief" or legal arguments.

New Jersey plaintiffs and New Jersey defendants submitting New Jersey court certifications or New Jersey court affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey court certifications or New Jersey court affidavits in bad faith. If the New Jersey court is satisfied, at any time, that any of the New Jersey court affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey court shall immediately order the New Jersey plaintiff or New Jersey defendant employing them to pay to the other New Jersey plaintiff or New Jersey defendant themount of the reasonable expenses resulting from the filing of the New Jersey court affidavits, including reasonable attorney's fees and the New Jersey court may also hold any offending New Jersey plaintiff or New Jersey defendant or attorney as having committed a contempt of court.

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY COURT CERTIFICATION OR NEW JERSEY COURT AFFIDAVIT?
If theffiant is not available to sign an New Jersey court affidavit or New Jersey court certification, it may be filed with a facsimile of the original signature provided the New Jersey lawyer or self represented New Jersey plaintiff or New Jersey defendant offering the document certifies that theffiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the New Jersey court or a New Jersey plaintiff or New Jersey defendant.

WHAT IS A PROPOSED FORM OF NEW JERSEY ORDER?
Motions must include a proposed form of New Jersey order for the New Jersey judge’s signature and that orders that the New Jersey court motion be granted. A judgment or order shall not contain a recital of the pleadings in the case or the record of prior proceedings. It must include the following:

• the caption of the case
• signature line for the New Jersey judge hearing the New Jersey court motion
• Spaces for the New Jersey court to indicate whether the New Jersey court motion was opposed or unopposed.
• If the New Jersey court motion or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by New Jersey court affidavit or New Jersey court certification made in compliance with the New Jersey Court Rules
• a designation of the subject of the New Jersey judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• theppearances of counsel and New Jersey plaintiffs and New Jersey defendants appearing pro se
• a separate numbered paragraph for each separate substantive provision of the New Jersey judgment or order
• the effective date of the New Jersey judgment or order or of each provision if the effective date of any provision is different from the date of entry
• If the New Jersey court has made findings of fact and conclusions of law explaining its disposition of the New Jersey court motion, the New Jersey order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered. However, if the New Jersey court motion was argued and the New Jersey court intends to place its findings on the record at a later date, it shall give all New Jersey plaintiffs and New Jersey defendants one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the New Jersey court shall append to the New Jersey order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the New Jersey order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the New Jersey court memorializing the disposition made on a telephone motion.

IF I FACE A NEW JERSEY COURT MOTION, HOW SHOULD I OPPOSE IT?
A New Jersey court motion shall be deemed uncontested and there shall be no right to argue orally in opposition unless responsive papers are timely filed and served stating with particularity the basis of the opposition to the relief sought. If you wish to oppose a New Jersey court motion, do not sit and wait for the New Jersey court New Jersey motion to be decided! Instead, before the deadline expires for filing opposition papers file theppropriate papers with theppropriate court, find out who the New Jersey judge is that shall be hearing the New Jersey court motion and forward that judge a complete copy of those papers. If you want to argue the New Jersey court motion orally, your opposition papers must include a request for oral argument. At the same time, you should serve a complete copy of your opposition papers on all New Jersey plaintiffs and New Jersey defendants who ever entered an appearance in the case, such as by filing a complaint or answer or motion in the case. Unless the New Jersey court otherwise orders, opposing New Jersey court affidavits, New Jersey court certifications, briefs and cross-motions, if any, must be served and filed not later than 10 days before the New Jersey court motion hearing date. The following are the New Jersey documents you should timely file with the New Jersey court, forward to the New Jersey judge hearing the New Jersey court motion and serve on theppropriate New Jersey plaintiffs and New Jersey defendants:

• Certifications or affidavits presenting any facts disputing the New Jersey court motion or providing facts supporting the denial of the the New Jersey court motion
• Proof of mailing of the entire motion package to all other New Jersey plaintiffs and New Jersey defendants

New Jersey court summary judgment opposition papers may require additional information to be submitted (such as a New Jersey response to a New Jersey statement of material facts – see therticle on New Jersey summary judgment motions for more information)!

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey court with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.
• A letter to theppropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the New Jersey court and asking the New Jersey court to return a filed copy of your papers to you for your records.
• A brief that states the legal reasons for the New Jersey court to grant the New Jersey court motion and that refers to any cases, court rules, laws or regulations that support your right to summary judgment.
• New Jersey court certifications or New Jersey court affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey court certifications or New Jersey court affidavits you submit that support your factual claims about why the New Jersey court should grant the New Jersey court motion.

WHAT HAPPENS AFTER I FILE OPPOSITION TO A NEW JERSEY COURT MOTION?
• If your New Jersey court opposition papers were marked oral argument waived, unless the New Jersey court otherwise orders the New Jersey court motion might not require you to appear for a New Jersey motion hearing.
• If your papers are marked to specifically request oral argument, the New Jersey court might permit you to orally argue the New Jersey court motion.
• Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey court’s decision alone on whether to grant such argument.
• Regardless of how your papers are marked, before ever showing up for a New Jersey motion hearing call the New Jersey court and find out the name of the New Jersey judge hearing the New Jersey court motion and the phone number of the New Jersey judge’s chambers. Call the New Jersey judge’s chambers to find out if the New Jersey court is going to hold oral argument on the New Jersey court motion. Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey court!!!!
• You should also receive a filed copy of the New Jersey court opposition papers back from the New Jersey court. If you mailed the New Jersey documents to the New Jersey court for filing do not receive a filed copy of the New Jersey court motion and such a card within 7 days of filing the New Jersey court motion, call the New Jersey court to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys). When you call, refer to your New Jersey case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey court New Jersey motion to the New Jersey court be sure to get a time stamped copy of the New Jersey court motion back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
• You may state in your opposition papers that you want your New Jersey motion to be decided without you having to appear but the New Jersey court can demand your appearance even if you give up your right to appear.
• If the New Jersey court requires you to appear for argument on the New Jersey court motion (the New Jersey court may do so regardless of whether you requested argument), the New Jersey court should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey court motion hearing, you should call the New Jersey court the day before the New Jersey motion hearing and if necessary, call the New Jersey judge’s chambers and ask to speak with the New Jersey judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey court requires your appearance at the New Jersey court motion hearing, to avoid having the New Jersey court motion denied, go to New Jersey court on the date the New Jersey court New Jersey motion to argue the New Jersey court motion. Failure to appear at Court if the New Jersey court motion is scheduled for argument may result in the denial of your motion. If and when you go to New Jersey court, be sure to bring a complete file of all documents about your New Jersey case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.). For, if the New Jersey court hears your motion, the New Jersey judge may question you to confirm that you properly served it.
• Normally, after the New Jersey court motion is scheduled to be decided, the New Jersey court forwards you a copy of the New Jersey order granting or denying the New Jersey court motion.
• If the New Jersey court motion is granted or denied, you should be forwarded a copy of the granted New Jersey order or denied New Jersey order by the New Jersey plaintiff or New Jersey defendant making the New Jersey motion.
• Note that the New Jersey court may use telephone conferences to hear motions and with advance approval by the New Jersey court, sometimes the New Jersey court allows New Jersey plaintiffs and New Jersey defendants to appear by telephone instead of appearing at court in person. If you intend to try to appear by phone, you must get the New Jersey court’s consent in advance of the New Jersey motion hearing! Consult the New Jersey Court Rules for further details.

WHAT IF I AM OPPOSING A NEW JERSEY COURT MOTION AND I WANT TO SEEK SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY COURT MOTION?
A New Jersey court New Jersey plaintiff or New Jersey defendant opposing a New Jersey court motion who wants to seek some other type of relief related to their opponent’s New Jersey court motion must file a cross motion seeking the relief they want from the New Jersey court. To file a cross motion, you must generally follow the steps discussed above for filing motions. However, the cross motion should be scheduled to be heard on the same date as the original New Jersey court motion that you are opposing. A New Jersey cross-motion may be filed and served by the responding New Jersey plaintiff or New Jersey defendant together with that New Jersey plaintiff or New Jersey defendant's opposition to the New Jersey motion and noticed for the same New Jersey motion return date or New Jersey motion hearing date only if it relates to the subject matter of the original New Jersey motion. A New Jersey cross-motion relating to the subject matter of the original New Jersey motion shall, if timely filed pursuant to the New Jersey court rules, relate back to the date of the filing of the original New Jersey motion. The original moving New Jersey plaintiff or New Jersey defendant 's response to the New Jersey cross-motion shall be filed and served as provided by the New Jersey court rules that apply to New Jersey motion reply papers. The New Jersey court may, however, on request of the original moving New Jersey plaintiff or New Jersey defendant, or on its own motion, enlarge the time for filing a New Jersey answer to the New Jersey cross-motion, or fix a new New Jersey motion return date or New Jersey motion hearing date for both. No New Jersey reply papers may be served or filed by the New Jersey cross-movant without leave of court.

WHAT HAPPENS IF I LOSE A NEW JERSEY COURT MOTION?
If the New Jersey court motion is granted or denied, you should be forwarded a copy of the granted New Jersey order or denied New Jersey order by the New Jersey plaintiff or New Jersey defendant making the New Jersey motion. If you are a New Jersey court plaintiff or a New Jersey court counterclaimant and you lose a New Jersey court motion made by your opponent, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a New Jersey court defendant who you believe owes you money. If you are a New Jersey court defendant – either against a New Jersey court complaint or a New Jersey court counterclaim and you lose a New Jersey court motion filed by an opponent, it could mean the entry of a New Jersey money judgment against you and the beginning of a New Jersey plaintiff or New Jersey defendant’s efforts to collect the New Jersey judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey court’s decision about a New Jersey court motion, you may file papers for the New Jersey court to reconsider its decision – called a New Jersey motion for reconsideration. In some cases, the New Jersey court New Jersey motion for reconsideration must be made in 20 days from the date of the New Jersey court’s order deciding the New Jersey court motion. You may appeal the case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing appeals. To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey court Law Division, Civil Part and New Jersey court appeals are not heard by the Civil Part or the New Jersey court and you should not try to file appellate papers with those courts! As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey court system. The New Jersey court normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey attorney, it is best to have the New Jersey lawyer perform the steps necessary to take an appeal. Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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