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New Jersey Motion To Dismiss Complaint Facts

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NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF

WHAT IS A NEW JERSEY MOTION?
A New Jersey 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 New Jersey plaintiff or New Jersey defendant making the New Jersey Motion. The New Jersey plaintiff or New Jersey defendant making the New Jersey Motion is called the “moving party” or “movant” and the New Jersey plaintiff or New Jersey defendant answering the New Jersey Motion is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the New Jersey moving party’s Motion are called “moving papers” and the 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 Motion, given the complex nature of such Motions and frequent changes in the law and court rules, you should seek professional advice from a New Jersey attorney.

WHAT IS A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
A New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is a New Jersey plaintiff or New Jersey defendant’s formal request, made by an application called the New Jersey Motion, to have some or all portions of a New Jersey court complaint, New Jersey court counterclaim or New Jersey court crossclaim dismissed for a failure to state a valid legal claim. It may be made “with prejudice” – essentially a dismissal forever or “without prejudice” – essentially a temporary dismissal. The New Jersey plaintiff or New Jersey defendant making the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is called the “moving party” or “movant” and the New Jersey plaintiff or New Jersey defendant responding to the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the New Jersey moving party’s Motion are called “moving papers” and the papers submitted in opposition to the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief are called “opposition papers.” The date that the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, given the complex nature of such The New Jersey Motions and frequent changes in the law and court rules, you should seek professional advice from a New Jersey attorney.


WHEN ARE NEW JERSEY MOTIONS TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF FILED AND HEARD?
A New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief may have to be made before pleading if a further pleading is to be made. No defense or objection is waived by being joined with one or more other defenses in an answer or Motion. Special appearances are superseded. 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 New Jersey Notice of 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 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 a 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 a New Jersey affidavits, a New Jersey certifications or a 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 New Jersey 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 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 New Jersey judge, on receipt of New Jersey Motion papers, shall determine the mode and scheduling of the disposition of New Jersey motion.

HOW IS A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF DECIDED?
If, on a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, matters outside the New Jersey complaint (or other The New Jersey pleading) are presented to and not excluded by the New Jersey court, the New Jersey Motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable opportunity to present all material pertinent to such the New Jersey Motion. Unless the New Jersey Motion is considered by the New Jersey court as one for summary judgment and disposed of as provided by R. 4:46, when deciding a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief , the New Jersey court confines its inquiry to a consideration of the legal sufficiency of the alleged facts apparent on the face of the challenged claim. Under this analysis, all facts alleged in the complaint and legitimate inferences drawn therefrom are deemed admitted. When deciding whether the complaint states a valid claim, the New Jersey court should dismiss the complaint if its factual allegations are clearly insufficient to support a claim upon which relief can be granted.

IF I AM MAKING A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF IN THE NEW JERSEY COURT, WHAT MUST I FILE WITH THE NEW JERSEY COURT?
• New Jersey Notice of Motion
• Certifications or affidavits presenting any facts supporting your New Jersey claim for relief
• A brief that states the legal reasons for the New Jersey court to grant the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief and that refers to any cases, court rules, laws or regulations that support your right to relief. The brief may also discuss facts if those facts are already in the New Jersey court record or if you introduce the facts into the New Jersey court record in the manner required by the New Jersey Court Rules.
• Proof of mailing of the entire Motion package to all other New Jersey plaintiffs or New Jersey defendants
• Proposed form of New Jersey order
• A filing fee if required by the New Jersey court – contact the New Jersey court to confirm if a fee is necessary and if so, how much.
• 1 extra copy of the proposed form of New Jersey order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey court to use if it grants the proposed order)

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

• One extra copy of all the New Jersey 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 the appropriate 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.
• Additional New Jersey court certifications or New Jersey court affidavits stating the facts supporting your New Jersey claim for relief and introducing into evidence any exhibits that you seek to use to support your New Jersey 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief.

WHAT IS A NEW JERSEY NOTICE OF MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
A New Jersey Notice of Motion to Dismiss a Complaint for Failure To State A Claim For Relief is a document containing certain language which tells all other New Jersey plaintiffs or New Jersey defendants and the New Jersey court certain information about the New Jersey moving party’s Motion. The New Jersey Notice of Motion to Dismiss a Complaint for Failure To State A Claim For Relief instructs the New Jersey court hearing the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief and all parties involved in the New Jersey court case who filed papers with the New Jersey court of crucial information regarding the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief.

WHAT INFORMATION GOES INTO A NEW JERSEY NOTICE OF MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
The New Jersey Notice of Motion should include the following information:
• the grounds on which it is made
• the type of relief sought
• if the New Jersey court scheduled a New Jersey trial or arbitration date, the scheduled date
• if the New Jersey moving party seeks oral argument on the New Jersey Motion
• the New Jersey court's address
Every New Jersey motion shall state the time and place when it is to be presented to the New Jersey court, the grounds upon which it is made and the nature of the relief sought, and, as to New Jersey motions filed in the Law Division-Civil Part only, the New Jersey discovery end date or a statement that no such date has been assigned. The New Jersey motion shall be accompanied by a proposed form of New Jersey order in accordance with R. 3:1-4(a) or R. 4:42-1(e), as applicable. The form of New Jersey order shall note whether the New Jersey motion was opposed or unopposed. If the New Jersey motion or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by affidavit made in compliance with R. 1:6-6. The New Jersey 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. Every motion in a civil case or a case in the Chancery Division, Family Part, not governed by paragraph (b), involving any aspect of pretrial discovery or the calendar, shall be listed for disposition only if accompanied by a certification stating that the New Jersey attorney for the moving party has either (1) personally conferred orally or has made a specifically described good faith attempt to confer orally with the New Jersey attorney for the opposing New Jersey plaintiffs or New Jersey defendants in order to resolve the issues raised by the New Jersey motion by agreement or consent order and that such effort at resolution has been unsuccessful, or (2) advised the New Jersey attorney for the opposing New Jersey plaintiffs or New Jersey defendants by letter, after the default has occurred, that continued non-compliance with a discovery obligation will result in an appropriate motion being made without further attempt to resolve the matter. A motion to extend the time for discovery shall have annexed thereto either a copy of all prior orders granting or denying an extension of New Jersey discovery period or a certification that there have been no such prior orders. The moving papers shall also set forth the date of any scheduled New Jersey court pretrial conference, arbitration proceeding scheduled pursuant to R. 4:21A, calendar call or trial, or state that no such dates have been fixed. Discovery and calendar motions shall be disposed of on the papers unless, on at least two days notice, the New Jersey court specifically directs oral argument on its own motion or, in its discretion, on a New Jersey plaintiff or New Jersey defendant's request. A movant's request for oral argument shall be made either in the New Jersey court moving papers or New Jersey court reply; a respondent's request for oral argument shall be made in the answering papers. no motion shall be listed for oral argument unless a New Jersey plaintiff or New Jersey defendant requests oral argument in the moving papers or in timely-filed answering or reply papers, or unless the New Jersey court directs. A New Jersey plaintiff or New Jersey defendant requesting oral argument may, however, condition the request on the New Jersey motion being contested. If the New Jersey motion involves pretrial discovery or is directly addressed to the calendar, the request shall be considered only if accompanied by a statement of reasons and shall be deemed denied unless the New Jersey court otherwise advises counsel prior to the return day. As to all other New Jersey motions, the request shall be granted as of right.

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, Motion to Dismiss a Complaint for Failure To State A Claim For Relief (other than those made without notice to other New Jersey plaintiffs or New Jersey defendants) and briefs, appendices, petitions and other papers offered in support of or in opposition to Motion to Dismiss a Complaint for Failure To State A Claim For Relief must be served upon all attorneys of record in the New Jersey case and upon New Jersey plaintiffs or New Jersey defendants appearing Pro se; but no service need be made on New Jersey plaintiffs or New Jersey defendants who have failed to appear (that is, parties who were named to a case but failed to ever file any papers whatsoever with the New Jersey court). Proof of service of a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief may be made (1) by an acknowledgment of service, signed by the New Jersey attorney 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 paper to be filed and signed by the New Jersey attorney 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 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 proof to be amended or supplied unless an injustice would result.

In New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, 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 parties involved in the New Jersey court case that ever filed papers with the New Jersey court (parties that entered their “appearance” such as by filing a complaint or answer or Motion in the New Jersey court case). The New Jersey proof of service should include the names and addresses of all those parties – their attorneys names and addresses only, if they are represented and for the self represented parties, their names and addresses.

HOW DO I SERVE A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF ON OTHER NEW JERSEY PLAINTIFFS OR NEW JERSEY DEFENDANTS IN THE NEW JERSEY COURT?
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. Service upon a New Jersey attorney of New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief or opposition papers is made by mailing a copy to the New Jersey attorney at his or her office by ordinary mail, by handing it to the New Jersey attorney or by leaving it at the office with a person in the New Jersey attorney's employ or if the office is closed or the New Jersey attorney 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 to Dismiss a Complaint for Failure To State A Claim For Relief or opposition papers upon that party 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 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 the addressee's street address or if the post office does not make street address delivery to the addressee. 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 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 “the affiant”.

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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 the affiant is competent to testify. If the New Jersey court affidavit or New Jersey court certification refers to documents, true and correct copies of the documents, the authenticity 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 the affiant to submit to cross-examination or may hear the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief wholly or partly on oral testimony or 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief should not include facts based merely on "information and belief" or legal arguments.

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY COURT CERTIFICATION OR NEW JERSEY COURT AFFIDAVIT?
If the affiant 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 attorney or self represented party offering the document certifies that the affiant 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 for summary judgment must include a proposed form of New Jersey order for the New Jersey judge’s signature and that orders that the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief be granted. A New Jersey judgment or New Jersey order shall not contain a recital of New Jersey complaint (or other The New Jersey pleading)s in the New Jersey court case or the record of prior proceedings. It must include the following:

• the caption of New Jersey court case
• signature line for the New Jersey judge hearing the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief
• Spaces for the New Jersey court to indicate whether the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief was opposed or unopposed.
• If the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 New Jersey judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• the appearances of counsel and parties appearing Pro se
• a separate numbered paragraph for each separate substantive provision of New Jersey judgment or order
• the effective date of 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 New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief was argued and the New Jersey court intends to place its findings on the record at a later date, it shall give all parties 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.

WHAT HAPPENS AFTER I FILE A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
• If your New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief papers were marked oral argument waived, unless the New Jersey court otherwise orders the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief might not require you to appear for a hearing.
• If your papers are marked to specifically request oral argument, the New Jersey court might permit you to orally argue the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief.
• 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 hearing call the New Jersey court and find out the name of New Jersey judge hearing the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief and the phone number of 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief. 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 New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief papers back from the New Jersey court. If you mailed the documents to the New Jersey court for filing do not receive a filed copy of New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief and such a card within 7 days of filing the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, 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 case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief to the New Jersey court be sure to get a time stamped copy of New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Dismiss a Complaint for Failure To State A Claim For Relief 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 you are not sure if you have to appear at the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief hearing, you should call the New Jersey court the day before the 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief hearing, to avoid having the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief denied, go to New Jersey court on the date the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief to argue the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief. Failure to appear at Court if the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled for argument may result in the denial of your New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief. If and when you go to New Jersey court, be sure to bring a complete file of all documents about your 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 New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, the New Jersey judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled to be decided, the New Jersey court forwards you a copy of New Jersey order granting or denying the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief.
• If the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is granted, you should be forwarded a copy of the granted order by the New Jersey court. If this happens, make 1 copy of New Jersey order, prepare a letter serving the New Jersey order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of New Jersey order (keep the original New Jersey order for your records).
• 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 parties 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 hearing! Consult the New Jersey Court Rules for further details.

ARE ANSWERS TO THE NEW JERSEY MOTION OR RESPONSES TO THE NEW JERSEY MOTION FILED WITH THE NEW JERSEY COURT?
If they act in time, the New Jersey plaintiffs or New Jersey defendants opposing a New Jersey motion may file a response to the New Jersey motion. The New Jersey order sought will be entered in the discretion of New Jersey court unless the New Jersey attorney or New Jersey pro se plaintiff or New Jersey pro se defendant upon whom it has been served notifies the clerk of New Jersey court and the New Jersey attorney for the New Jersey moving party or New Jersey pro se plaintiff or New Jersey pro se defendant in writing within ten days after the date of service of New Jersey Motion that the responding party objects to the entry of New Jersey order. Normally, to defeat a New Jersey motion, the New Jersey plaintiff or New Jersey defendant opposing the motion 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
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 MAKE A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF OR BEFORE ITS HEARING DATE THE NEW JERSEY PLAINTIFFS OR NEW JERSEY DEFENDANTS SETTLE THE NEW JERSEY COURT CASE?
New Jersey moving parties are permitted to withdraw a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief from the New Jersey court before the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief is heard. If the New Jersey moving party decides to withdraw its New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief or they settle their case, the New Jersey moving party must immediately inform the New Jersey court. This is best done by calling the New Jersey judge’s chambers for the New Jersey judge hearing the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the New Jersey court to fax it to the New Jersey court and to also forward it by certified mail, RRR, keeping a copy for your records).

WHAT HAPPENS IF THE NEW JERSEY COURT GRANTS MY NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
Unless the New Jersey court otherwise orders, within 7 days after the date it was signed, the New Jersey plaintiff or New Jersey defendant obtaining an order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey Court Rules. In most cases, you shall thereafter have to file the proposed New Jersey court answer to the New Jersey court complaint filed in the New Jersey court case.

WHAT HAPPENS IF I OPPOSE AND LOSE A NEW JERSEY MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
If you opposed and lost a New Jersey Motion to Dismiss a Complaint for Failure To State A Claim For Relief, unless otherwise ordered by the New Jersey court, some or all of the relief sought in the New Jersey Motion to Dismiss a Complaint for Failure To State A Claim shall be granted by the New Jersey court. You should normally receive a New Jersey court order from the New Jersey plaintiff or New Jersey defendant making the motion.

NEW JERSEY MOTIONS FOR RECONSIDERATION & TAKING NEW JERSEY COURT APPEALS
If you disagree with your New Jersey court’s decision about the New Jersey Motion, you may file papers for your New Jersey court for various forms of post the New Jersey trial relief, such as the New Jersey Motion for your New Jersey court to reconsider its decision (called the New Jersey Motion for reconsideration) or the New Jersey Motion to overturn the verdict or the New Jersey Motion for a new the New Jersey trial. In most cases, such post the New Jersey trial Motions if made from a final judgment or order, must be made in a specific time frame, such as 20 days from the date of your New Jersey court’s final judgment or order deciding the New Jersey Motion. If your New Jersey court’s decision in your New Jersey court case is final, you may also appeal your New Jersey court case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey court appeals. To appeal a New Jersey court final judgment that resolves all issues in your New Jersey court case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey court appeals are not heard by your New Jersey court and you should not try to file appellate papers with your New Jersey court! As part of your New Jersey court 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 your New Jersey court system. Your 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 attorney perform the steps necessary to take a New Jersey court appeal. Appeals from New Jersey court orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for New Jersey court appeals from final judgments or orders. There may be exceptions to the information explained above; therefore, consult a New Jersey attorney immediately!!!

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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