Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Frivolous Litigation FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every Court rule, code or law 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY FRIVOLOUS LITIGATION FAQS


WHAT IS A NEW JEREY FRIVOLOUS LAWSUIT?
A New Jersey frivolous lawsuit is a New Jersey frivolous complaint, New Jersey answer, New Jersey counterclaim or New Jersey crossclaim that violates the New Jersey frivolous litigation law.  For example, a Lawsuit filed with a Court may violate the New Jersey frivolous litigation law if:   (1) the New Jersey frivolous complaint, New Jersey frivolous answer, New Jersey frivolous counterclaim or New Jersey frivolous crossclaim was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or  (1) the nonprevailing Plaintiff or Defendant filing the New Jersey frivolous complaint, New Jersey frivolous answer, New Jersey frivolous counterclaim or New Jersey frivolous crossclaim knew, or should have known, that the complaint, New Jersey frivolous counterclaim or New Jersey frivolous crossclaim was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. A Court may impose penalties for the filing of a New Jersey complaint, counterclaim, answer or crossclaim, including monetary penalties, legal fees and court costs. 


WHO IS RESPONSIBLE FOR FILING NEW JERSEY FRIVOLOUS LAWSUITS UNDER THE NEW JERSEY FRIVOLOUS LITIGATION LAW?
Under the New Jersey frivolous litigation law, a Plaintiff or Defendant may be responsible for having their Attorney file the New Jersey frivolous lawsuit.  Under the New Jersey frivolous litigation law, even a Pro se party may be held personally responsible for filing a New Jersey frivolous complaint, counterclaim, answer or crossclaim.


HOW DO I QUALIFY FOR A NEW JERSEY FRIVOLOUS LAWSUIT AWARD?
Under the New Jersey frivolous litigation law, before seeking a New Jersey frivolous lawsuit award, the Plaintiff or Defendant seeking a New Jersey frivolous lawsuit award must serve on the Plaintiff or Defendant with a very detailed written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous lawsuit objected to. The Certification to the New Jersey motion for a frivolous award shall have annexed a copy of that New Jersey frivolous notice and New Jersey frivolous lawsuit demand, which shall (i) state that the New Jersey frivolous lawsuit is believed to violate the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a demand that the New Jersey frivolous lawsuit be withdrawn, and (iv) give notice, except as otherwise provided in the New Jersey frivolous court rule, that a New Jersey motion for a frivolous award will be made within a reasonable time thereafter if the offending New Jersey frivolous complaint, New Jersey answer, New Jersey counterclaim or New Jersey crossclaim is not withdrawn within 28 days of service of the written New Jersey frivolous lawsuit demand. The Certification to the New Jersey motion for a frivolous award shall also certify that the New Jersey frivolous complaint, New Jersey answer, New Jersey counterclaim or New Jersey crossclaim objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written New Jersey frivolous notice and New Jersey frivolous lawsuit demand.  If the New Jersey frivolous lawsuit objected to has been withdrawn or corrected within 28 days of service of the New Jersey frivolous notice and New Jersey frivolous lawsuit demand or within such other time period as provided by the Court, the Plaintiff or Defendant seeking a New Jersey frivolous lawsuit award shall not be able to seek a New Jersey frivolous lawsuit award.


WHAT DO I GET IF I PROVE THAT MY OPPONENT VIOLATED THE NEW JERSEY FRIVOLOUS LITIGATION LAW
Under the New Jersey frivolous litigation law, a New Jersey frivolous lawsuit award imposed for violation of the New Jersey frivolous court rule shall be limited to a sum sufficient to deter repetition of such conduct. The New Jersey frivolous lawsuit award may consist of (1) a Court order to pay a penalty into the Court, or (2) a New Jersey order directing payment to Plaintiff or Defendant filing the New Jersey motion for a frivolous award of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation, or both. Among the factors to be considered by the Court in imposing a New Jersey frivolous lawsuit award under (2) is the timeliness of Plaintiff or Defendant filing the New Jersey frivolous lawsuit's filing. In the order imposing sanctions, the Court shall describe the conduct determined to be a violation of the New Jersey frivolous court rule and explain the basis for the sanction imposed.


IF A COURT FINDS THAT A LAWSUIT WAS FRIVOLOUS, HOW DO I RECOVER PENALTIES AND/OR MY ATTORNEY’S FEES AND COSTS?
Under the New Jersey frivolous litigation law, a New Jersey motion for a frivolous award shall be by New Jersey motion made separately from other New Jersey motions and shall describe the specific frivolous conduct alleged to have violated the New Jersey frivolous court rule. A New Jersey frivolous lawsuit award motion shall be filed unless it includes a Certification that the Plaintiff or Defendant filing the New Jersey frivolous lawsuit served written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous lawsuit objected to. The Certification to the New Jersey motion for a frivolous award shall have annexed a copy of that New Jersey frivolous notice and New Jersey frivolous demand, which shall (i) state that the New Jersey frivolous lawsuit is believed to violate the provisions of the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a New Jersey frivolous demand that the New Jersey frivolous lawsuit be withdrawn, and (iv) give notice, except as otherwise provided herein, that a New Jersey motion for a frivolous award will be made within a reasonable time thereafter if the offending New Jersey frivolous lawsuit is not withdrawn within 28 days of service of the written New Jersey frivolous demand. If, however, the New Jersey frivolous lawsuit is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous lawsuit demand shall give Plaintiff or Defendant filing the New Jersey frivolous lawsuit the option of either consenting to an adjournment of the return date of the New Jersey frivolous lawsuit or waiving the balance of the 28-day period then remaining. A Plaintiff or Defendant filing a New Jersey frivolous lawsuit who does not request an adjournment of the return date as provided herein shall be deemed to have elected the waiver. The Certification to the New Jersey motion for a frivolous award shall also certify that the New Jersey frivolous lawsuit objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written notice and demand.  No motion shall be filed if the New Jersey frivolous lawsuit objected to has been withdrawn or corrected within 28 days of service of the notice and demand or within such other time period as provided in the New Jersey frivolous court rule.


A Plaintiff or Defendant seeking a New Jersey frivolous lawsuit award under the New Jersey frivolous court rule shall file a New Jersey motion for a frivolous award to the Court which heard the matter. The New Jersey motion for a frivolous award shall be supported by a New Jersey affidavit stating in detail: 
The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the Attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and 
How much has been paid to the Attorney and what provision, if any, has been made for the payment of these Attorney’s fees in the future. 


NEW JERSEY FRIVOLOUS ANSWER OR NEW JERSEY FRIVOLOUS DEFENSES


WHAT IS A NEW JEREY FRIVOLOUS ANSWER OR NEW JERSEY FRIVOLOUS DEFENSE?
A New Jersey frivolous answer or New Jersey frivolous defense is a New Jersey answer or Lawsuit defense that violates the New Jersey frivolous litigation law.  For example, a New Jersey answer or New Jersey frivolous defense filed with a Court may violate the New Jersey frivolous litigation law if:   (1) the New Jersey frivolous answer or New Jersey frivolous defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or  (1) the nonprevailing Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense knew, or should have known, that the New Jersey frivolous answer or New Jersey frivolous defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. A Court may impose penalties for the filing of New Jersey frivolous answer or New Jersey frivolous defenses, including monetary penalties, legal fees and court costs. 


WHO IS RESPONSIBLE FOR FILING NEW JERSEY FRIVOLOUS ANSWER OR NEW JERSEY FRIVOLOUS DEFENSES UNDER THE NEW JERSEY FRIVOLOUS LITIGATION LAW?
A Plaintiff or Defendant for having their Attorney file the New Jersey frivolous answer or New Jersey frivolous defense.  Even a Pro se party may be held personally responsible for filing a New Jersey frivolous answer or New Jersey frivolous defense.


HOW DO I QUALIFY FOR A NEW JERSEY FRIVOLOUS ANSWER OR NEW JERSEY FRIVOLOUS DEFENSE AWARD?
Before seeking a New Jersey frivolous answer or New Jersey frivolous defense award, the Plaintiff or Defendant seeking a New Jersey frivolous answer or New Jersey frivolous defense award must serve on the Plaintiff or Defendant with a very detailed written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous answer or New Jersey frivolous defense objected to. The Certification to the New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall have annexed a copy of that New Jersey frivolous answer or New Jersey frivolous defense notice and New Jersey frivolous answer or New Jersey frivolous defense demand, which shall (i) state that the New Jersey frivolous answer or New Jersey frivolous defense is believed to violate the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a demand that the New Jersey frivolous answer or New Jersey frivolous defense be withdrawn, and (iv) give notice, except as otherwise provided in the New Jersey frivolous court rule, that a New Jersey motion for a frivolous answer or New Jersey frivolous defense award will be made within a reasonable time thereafter if the offending New Jersey frivolous answer or New Jersey frivolous defense is not withdrawn within 28 days of service of the written New Jersey frivolous answer or New Jersey frivolous defense demand. If, however, the subject of the New Jersey motion for a frivolous answer or New Jersey frivolous defense award is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous answer or New Jersey frivolous defense demand shall give Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense the option of either consenting to an adjournment of the return date of the New Jersey frivolous answer or New Jersey frivolous defense or waiving the balance of the 28-day period then remaining. A Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense who does not request an adjournment of the return date of the New Jersey frivolous answer or New Jersey frivolous defense as provided in the New Jersey frivolous court rule shall be deemed to have elected the waiver. The Certification to the New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall also certify that the New Jersey frivolous answer or New Jersey frivolous defense objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written New Jersey frivolous answer or New Jersey frivolous defense notice and New Jersey frivolous answer or New Jersey frivolous defense demand.  If the New Jersey frivolous answer or New Jersey frivolous defense objected to has been withdrawn or corrected within 28 days of service of the New Jersey frivolous answer or New Jersey frivolous defense notice and New Jersey frivolous answer or New Jersey frivolous defense demand or within such other time period as provided by the Court, the Plaintiff or Defendant seeking a New Jersey frivolous answer or New Jersey frivolous defense award shall not be able to seek a New Jersey frivolous answer or New Jersey frivolous defense award.


WHAT DO I GET IF I PROVE THAT MY OPPONENT VIOLATED THE NEW JERSEY FRIVOLOUS LITIGATION LAW
A New Jersey frivolous answer or New Jersey frivolous defense award imposed for violation of the New Jersey frivolous court rule shall be limited to a sum sufficient to deter repetition of such conduct. The New Jersey frivolous answer or New Jersey frivolous defense award may consist of (1) a Court order to pay a penalty into the Court, or (2) a New Jersey order directing payment to Plaintiff or Defendant filing the New Jersey motion for a frivolous answer or New Jersey frivolous defense award of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation, or both. Among the factors to be considered by the Court in imposing a New Jersey frivolous answer or New Jersey frivolous defense award under (2) is the timeliness of Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense's filing. In the order imposing sanctions, the Court shall describe the conduct determined to be a violation of the New Jersey frivolous court rule and explain the basis for the sanction imposed.


IF A COURT FINDS THAT A NEW JERSEY ANSWER OR NEW JERSEY FRIVOLOUS DEFENSE WAS FRIVOLOUS, HOW DO I RECOVER PENALTIES AND/OR MY ATTORNEY’S FEES AND COSTS?
A New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall be by New Jersey motion made separately from other New Jersey motions and shall describe the specific frivolous conduct alleged to have violated the New Jersey frivolous court rule. A New Jersey frivolous answer or New Jersey frivolous defense award motion shall be filed unless it includes a Certification that the Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense served written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous answer or New Jersey frivolous defense objected to. The Certification to the New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall have annexed a copy of that New Jersey frivolous notice and New Jersey frivolous demand, which shall (i) state that the New Jersey frivolous answer or New Jersey frivolous defense is believed to violate the provisions of the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a New Jersey frivolous demand that the New Jersey frivolous answer or New Jersey frivolous defense be withdrawn, and (iv) give notice, except as otherwise provided herein, that a New Jersey motion for a frivolous answer or New Jersey frivolous defense award will be made within a reasonable time thereafter if the offending New Jersey frivolous answer or New Jersey frivolous defense is not withdrawn within 28 days of service of the written New Jersey frivolous demand. If, however, the New Jersey frivolous answer or New Jersey frivolous defense is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous answer or New Jersey frivolous defense demand shall give Plaintiff or Defendant filing the New Jersey frivolous answer or New Jersey frivolous defense the option of either consenting to an adjournment of the return date of the New Jersey frivolous answer or New Jersey frivolous defense or waiving the balance of the 28-day period then remaining. A Plaintiff or Defendant filing a New Jersey frivolous answer or New Jersey frivolous defense who does not request an adjournment of the return date as provided herein shall be deemed to have elected the waiver. The Certification to the New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall also certify that the New Jersey frivolous answer or New Jersey frivolous defense objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written notice and demand.  No motion shall be filed if the New Jersey frivolous answer or New Jersey frivolous defense objected to has been withdrawn or corrected within 28 days of service of the notice and demand or within such other time period as provided in the New Jersey frivolous court rule.


A Plaintiff or Defendant seeking a New Jersey frivolous answer or New Jersey frivolous defense award under the New Jersey frivolous court rule shall file a New Jersey motion for a frivolous answer or New Jersey frivolous defense award to the Court which heard the matter. The New Jersey motion for a frivolous answer or New Jersey frivolous defense award shall be supported by a New Jersey affidavit stating in detail: 
The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the Attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and 
How much has been paid to the Attorney and what provision, if any, has been made for the payment of these Attorney’s fees in the future. 


NEW JERSEY FRIVOLOUS MOTIONS


WHAT IS A NEW JEREY FRIVOLOUS MOTION?
 A New Jersey frivolous motion is a New Jersey motion that violates the New Jersey frivolous court rule.  For example,  a New Jersey motion filed with  a Court may violate the New Jersey frivolous court rule if:  (1) it is being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) it presents claims, defenses, and other legal contentions therein are not warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;  (3) its factual allegations have no evidentiary support or are unlikely to have evidentiary support; and/or (4) its allegations are unwarranted on the evidence or are not reasonably based on a lack of information or belief.   A Court may impose penalties for the filing of New Jersey frivolous motions, including monetary penalties, legal fees and court costs. The New Jersey frivolous court rule does not apply to New Jersey discovery motions that are subject to the provisions of R. 4:23.


WHO IS RESPONSIBLE FOR FILING NEW JERSEY FRIVOLOUS MOTIONS UNDER THE NEW JERSEY FRIVOLOUS COURT RULE?
A Attorney or Pro se party may be held personally responsible for signing, filing or advocating a New Jersey frivolous motion that a Court finds to be frivolous under the New Jersey frivolous court rule.  Except in extraordinary circumstances, a law firm shall be jointly responsible for violations committed by its partners, shareholders, associates and employees.


HOW DO I QUALIFY FOR A NEW JERSEY FRIVOLOUS MOTION AWARD?
Before seeking a New Jersey frivolous motion award, the Plaintiff or Defendant seeking a New Jersey frivolous motion award must serve on the Plaintiff or Defendant with a very detailed written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous motion objected to. The Certification to the New Jersey motion for a frivolous award shall have annexed a copy of that New Jersey frivolous motion notice and New Jersey frivolous motion demand, which shall (i) state that the New Jersey frivolous motion is believed to violate the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a demand that the New Jersey frivolous motion be withdrawn, and (iv) give notice, except as otherwise provided in the New Jersey frivolous court rule, that a New Jersey motion for a frivolous award will be made within a reasonable time thereafter if the offending New Jersey frivolous motion is not withdrawn within 28 days of service of the written New Jersey frivolous motion demand. If, however, the subject of the New Jersey motion for a frivolous award is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous motion demand shall give Plaintiff or Defendant filing the New Jersey frivolous motion the option of either consenting to an adjournment of the return date of the New Jersey frivolous motion or waiving the balance of the 28-day period then remaining. A Plaintiff or Defendant filing the New Jersey frivolous motion who does not request an adjournment of the return date of the New Jersey frivolous motion as provided in the New Jersey frivolous court rule shall be deemed to have elected the waiver. The Certification to the New Jersey motion for a frivolous award shall also certify that the New Jersey frivolous motion objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written New Jersey frivolous motion notice and New Jersey frivolous motion demand.  If the New Jersey frivolous motion objected to has been withdrawn or corrected within 28 days of service of the New Jersey frivolous motion notice and New Jersey frivolous motion demand or within such other time period as provided by the Court, the Plaintiff or Defendant seeking a New Jersey frivolous motion award shall not be able to seek a New Jersey frivolous motion award.


WHAT DO I GET IF I PROVE THAT MY OPPONENT VIOLATED THE NEW JERSEY FRIVOLOUS COURT RULE
A New Jersey frivolous motion award imposed for violation of the New Jersey frivolous court rule shall be limited to a sum sufficient to deter repetition of such conduct. The New Jersey frivolous motion award may consist of (1) a Court order to pay a penalty into the Court, or (2) a New Jersey order directing payment to Plaintiff or Defendant filing the New Jersey motion for a frivolous award of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation, or both. Among the factors to be considered by the Court in imposing a New Jersey frivolous motion award under (2) is the timeliness of Plaintiff or Defendant filing the New Jersey frivolous motion's filing. In the order imposing sanctions, the Court shall describe the conduct determined to be a violation of the New Jersey frivolous court rule and explain the basis for the sanction imposed.


IF  A COURT FINDS THAT A LAWSUIT OR OTHER COURT PAPER WAS FRIVOLOUS, HOW DO I RECOVER PENALTIES AND/OR MY ATTORNEY’S FEES AND COSTS?
A New Jersey motion for a frivolous award shall be by motion made separately from other New Jersey motions and shall describe the specific frivolous conduct alleged to have violated the New Jersey frivolous court rule. A New Jersey frivolous motion award motion shall be filed unless it includes a Certification that the Plaintiff or Defendant filing the New Jersey frivolous motion served written notice and demand pursuant to R. 1:5-2 to the Attorney or Pro se party who signed or filed the New Jersey frivolous motion objected to. The Certification to the New Jersey motion for a frivolous award shall have annexed a copy of that New Jersey frivolous notice and New Jersey frivolous demand, which shall (i) state that the New Jersey frivolous motion is believed to violate the provisions of the New Jersey frivolous court rule, (ii) set forth the basis for that belief with specificity, (iii) include a New Jersey frivolous demand that the New Jersey frivolous motion be withdrawn, and (iv) give notice, except as otherwise provided herein, that a New Jersey motion for a frivolous award will be made within a reasonable time thereafter if the offending New Jersey frivolous motion is not withdrawn within 28 days of service of the written New Jersey frivolous demand. If, however, the New Jersey frivolous motion is a New Jersey motion whose return date precedes the expiration of the 28-day period, the New Jersey frivolous motion demand shall give Plaintiff or Defendant filing the New Jersey frivolous motion the option of either consenting to an adjournment of the return date of the New Jersey frivolous motion or waiving the balance of the 28-day period then remaining. A Plaintiff or Defendant filing a New Jersey frivolous motion who does not request an adjournment of the return date as provided herein shall be deemed to have elected the waiver. The Certification to the New Jersey motion for a frivolous award shall also certify that the New Jersey frivolous motion objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written notice and demand.  No motion shall be filed if the New Jersey frivolous motion objected to has been withdrawn or corrected within 28 days of service of the notice and demand or within such other time period as provided in the New Jersey frivolous court rule.


A Plaintiff or Defendant seeking a New Jersey frivolous motion award under the New Jersey frivolous court rule shall file a New Jersey motion for a frivolous award to the Court which heard the matter. The New Jersey motion for a frivolous award shall be supported by a New Jersey affidavit stating in detail: 
The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the Attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and 
How much has been paid to the Attorney and what provision, if any, has been made for the payment of these Attorney’s fees in the future. 


IF YOU FACE A FRIVOLOUS CLAIM, HIRE AN EXPERIENCED NEW JERSEY FRIVOLOUS LITIGATION ATTORNEY TO HELP YOU TRY TO RECOVER A NEW JERSEY FRIVOLOUS LAWSUIT AWARD
Are you a frivolous suit or frivolous motion victim?  Hire an experienced New Jersey frivolous litigation attorney to help you prepare the proper New Jersey frivolous notice.  Many New Jersey frivolous notices are improperly prepared, which could result in the denial of a frivolous award motion.   Need to make a New Jersey motion for a frivolous award?  Let an experienced New Jersey frivolous litigation attorney prepare your motion.   Many New Jersey motions for a frivolous award are incorrectly prepared which leads to denial of the motion.  Don’t take a chance with your frivolous notice or motion for a frivolous award!   Hire an experienced New Jersey frivolous litigation attorney to help you prepare the necessary paperwork to give you a solid chance of recovering a frivolous award!


IF YOU ARE DEFENDING AGAINST A NEW JERSEY MOTION FOR A FRIVOLOUS SUIT AWARD, HIRE AN EXPERIENCED NEW JERSEY FRIVOLOUS LITIGATION ATTORNEY TO HELP YOU DEFEND AGANST THE MOTION
Hire an experienced New Jersey frivolous litigation attorney to help you defend against a New Jersey motion for a frivolous suit award.   As an experienced New Jersey frivolous litigation attorney, Mr. DePetris has successfully defended attorneys and nonattorneys from New Jersey motions for a frivolous suit award.  Make your first effort your best effort.  Appeals are expensive and complex.  The filing fees and deposit for costs alone for a civil appeal are $500 and there are also usually hundreds of dollars in transcript fees and copying and binding fees for appeals.  Also, most people taking an appeal lose, since they lost the first time before the trial court and must overcome a heavy burden of proof to succeed on the appeal.  Use the services of an experienced New Jersey frivolous litigation attorney to give you the best chance to defeat the motion for a frivolous award. 




NEW JERSEY FRIVOLOUS LITIGATION RULE
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 laws 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.  


1:4-8. Frivolous Litigation
(a) Effect of Signing, Filing or Advocating a Paper. The signature of an attorney or pro se party constitutes a certificate that the signatory has read the pleading, written motion or other paper. By signing, filing or advocating a pleading, written motion, or other paper, an attorney or pro se party certifies that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) the paper is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable opportunity for further investigation or discovery indicates insufficient evidentiary support; and
(4) the denials of factual allegations are warranted on the evidence or, as to specifically identified denials, they are reasonably based on a lack of information or belief or they will be withdrawn or corrected if a reasonable opportunity for further investigation or discovery indicates insufficient evidentiary support.
If the pleading, written motion or other paper is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the document had not been served. Any adverse party may also seek sanctions in accordance with the provisions of paragraph (b) of this rule.
(b) Motions for Sanctions.
(1) Contents of Motion, Certification. An application for sanctions under this rule shall be by motion made separately from other applications and shall describe the specific conduct alleged to have violated this rule. No such motion shall be filed unless it includes a certification that the applicant served written notice and demand pursuant to R. 1:5-2 to the attorney or pro se party who signed or filed the paper objected to. The certification shall have annexed a copy of that notice and demand, which shall (i) state that the paper is believed to violate the provisions of this rule, (ii) set forth the basis for that belief with specificity, (iii) include a demand that the paper be withdrawn, and (iv) give notice, except as otherwise provided herein, that an application for sanctions will be made within a reasonable time thereafter if the offending paper is not withdrawn within 28 days of service of the written demand. If, however, the subject of the application for sanctions is a motion whose return date precedes the expiration of the 28-day period, the demand shall give the movant the option of either consenting to an adjournment of the return date or waiving the balance of the 28-day period then remaining. A movant who doesnot request an adjournment of the return date as provided herein shall be deemed to have elected the waiver. The certification shall also certify that the paper objected to has not been withdrawn or corrected within the appropriate time period provided herein following service of the written notice and demand.
No motion shall be filed if the paper objected to has been withdrawn or corrected within 28 days of service of the notice and demand or within such other time period as provided herein.
(2) Time for Filing; Attorney's Fees. A motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorneys' fees incurred in presenting or opposing the motion. For purposes of this rule, the term "final judgment" shall include any order deciding a post-judgment motion whether or not that order is directly appealable.
(3) Scope of Responsibility. Except in extraordinary circumstances, a law firm shall be jointly responsible for violations committed by its partners, shareholders, associates and employees.
(c) Sanction on Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate this rule and directing the attorney or pro se party to show cause why he or she has not violated the rule. The order to show cause shall issue before a voluntary dismissal or settlement of the claims made by or against the pro se party or the attorney who is the subject of the order to show cause.
(d) Order for Sanctions. A sanction imposed for violation of paragraph (a) of this rule shall be limited to a sum sufficient to deter repetition of such conduct. The sanction may consist of (1) an order to pay a penalty into court, or (2) an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation, or both. Among the factors to be considered by the court in imposing a sanction under (2) is the timeliness of the movant's filing of the motion therefor. In the order imposing sanctions, the court shall describe the conduct determined to be a violation of this rule and explain the basis for the sanction imposed.
(e) Exceptions. This rule does not apply to disclosures and discovery requests, responses, objections, and discovery motions that are subject to the provisions of R. 4:23.
(f) Applicability to Parties. To the extent practicable, the procedures prescribed by this rule shall apply to the assertion of costs and fees against a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1.
Note: Source -- R.R. 4:11 (seventh through tenth sentences); amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; paragraph (b)(2) amended July 12, 2002 to be effective September 3, 2002; paragraph (b)(2) amended and paragraph (g) deleted July 28, 2004 to be effective September 1, 2004.


NEW JERSEY FRIVOLOUS LITIGATION LAW
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 laws 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.  


2A:15-59.1. Frivolous causes of action 
1. a. (1) A party who prevails in a civil action, either as plaintiff or defendant, against any other party may be awarded all reasonable litigation costs and reasonable attorney fees, if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, crossclaim or defense of the nonprevailing person was frivolous. 


(2) When a public entity is required or authorized by law to provide for the defense of a present or former employee, the public entity may be awarded all reasonable litigation costs and reasonable attorney fees if the individual for whom the defense was provided is the prevailing party in a civil action, and if there is a judicial determination at any time during the proceedings or upon judgment that a complaint, counterclaim, crossclaim, or defense of the nonprevailing party was frivolous. 


b. In order to find that a complaint, counterclaim, crossclaim or defense of the nonprevailing party was frivolous, the judge shall find on the basis of the pleadings, discovery, or the evidence presented that either: 


(1) The complaint, counterclaim, crossclaim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or 


(2) The nonprevailing party knew, or should have known, that the complaint, counterclaim, crossclaim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. 


c. A party or public entity seeking an award under this section shall make application to the court which heard the matter. The application shall be supported by an affidavit stating in detail: 


(1) The nature of the services rendered, the responsibility assumed, the results obtained, the amount of time spent by the attorney, any particular novelty or difficulty, the time spent and services rendered by secretaries and staff, other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, an itemization of the disbursements for which reimbursement is sought, and any other factors relevant in evaluating fees and costs; and 


(2) How much has been paid to the attorney and what provision, if any, has been made for the payment of these fees in the future. 


L.1988,c.46,s.1; amended 1995,c.13. 


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