Law Office Of Paul DePetris
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How Do I Answer A Special Civil Motion?

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HOW TO ANSWER A SPECIAL CIVIL MOTION

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

WHAT ARE EXAMPLES OF THE TYPES OF NEW JERSEY SPECIAL CIVIL PART MOTIONS?
There are many kinds of New Jersey Special Civil Part Motions. Some of these include the following:
• Special Civil motion to dismiss New Jersey Special Civil Part complaint for failure to Answer Special Civil Interrogatories.
• Special Civil motion to suppress a New Jersey Special Civil Part Answer for failure to Answer Special Civil Interrogatories.
• Special Civil motion for more specific Answers to New Jersey Special Civil Part Interrogatories.
• Special Civil motion to transfer a New Jersey Special Civil Part case from the New Jersey Special Civil Part to the New Jersey New Jersey Law Division.
• Special Civil motion to dismiss New Jersey Special Civil Part complaint for failure to state a claim for relief.
• Special Civil motion for summary judgment.
• Special Civil motion for leave to file an amended complaint.
• Special Civil motion to transfer venue of the New Jersey Special Civil Part case from one county to another county.

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

WHAT HAPPENS IF I IGNORE A NEW JERSEY SPECIAL CIVIL PART MOTION?
If a Special Civil Party files a New Jersey Special Civil Part motion, the Special Civil order sought will be entered in the discretion of the New Jersey Special Civil Part unless the Special Civil lawyer or the Special Civil pro se party upon whom it has been served notifies the clerk of the New Jersey Special Civil Part and the Special Civil lawyer for the Special Civil moving party or the Special Civil pro se party in writing within ten days after the date of service of the New Jersey Special Civil Part motion that the responding party objects to the entry of the Special Civil order. Ignoring a New Jersey Special Civil Part could result in dismissal of a New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim, an award of fines or fees against you, the entry of a money judgment being entered against you or the dismissal of your Special Civil case and possibly exposes you to the risk of having your wages attached, your bank accounts frozen and the money given to the winning parties in the New Jersey Special Civil Part case, your personal property sold and a lien put against any homes or other real property you may own. You must respond to the New Jersey Special Civil Part motion in writing and in the proper way and before the deadline for a response expires.

CAN I WRITE AND FILE A LETTER TO THE SPECIAL CIVIL COURT INSTEAD OF WRITING A SPECIAL CIVIL ANSWER TO THE SPECIAL CIVIL MOTION?
To answer a Special Civil motion, you can’t usually just write and file a letter with the Special Civil Court! Letters do not take the place of a proper Special Civil answer to a Special Civil motion, especially in situations in which you must present to the Special Civil court facts to support your defense to the Special Civil motion! If you just write a letter and try to file it as your Special Civil answer to a Special Civil motion, the Special Civil Court may accept it but you shall expose yourself to losing the Special Civil motion and having a Special Civil order entered against you for the relief asked for in the Special Civil motion. To answer a Special Civil motion properly, be sure to make certain that you write and file a proper answer to a Special Civil motion. Sometimes however, Special Civil letter briefs may be sufficient to answer a Special Civil motion. However consult with a Special Civil lawyer to make certain that a Special Civil letter brief is sufficient to answer a Special Civil motion. Otherwise, you could compromise your Special Civil case! To answer a Special Civil motion don’t take shortcuts – failure to properly answer the Special Civil motion could result in the loss of your Special Civil case!!

HOW DO I ANSWER A SPECIAL CIVIL MOTION?
To answer a Special Civil motion, you must answer the Special Civil motion a specific way by preparing Special Civil opposition papers which answer the Special Civil motion or which respond to the Special Civil motion. To answer a Special Civil motion the Special Civil rules include mandatory requirements for Special Civil answers to include. Special Civil answers to motions may include the following:
• Special Civil Brief in support of the Special Civil opposition to the Special Civil motion
• Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil proof of service of the Special Civil opposition papers on other Special Civil Parties to the Special Civil case
• Response to statement of material facts (if any statement of facts is served on you with the Special Civil motion)

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

• Certifications or affidavits presenting any facts disputing the New Jersey Special Civil Part motion or providing facts supporting the denial of the New Jersey Special Civil Part motion
• Proof of mailing of the entire motion package to all other parties

New Jersey Special Civil Part summary judgment opposition papers may require additional information (see the section below on those types of New Jersey Special Civil Part motions for more information about answering such Special Civil motions).

Other items that are not necessary to answer a Special Civil motion in every Special Civil case but which are often helpful to include with the answer to a Special Civil motion are:

• One extra copy of all the Special Civil motion answer to be stamped by the New Jersey Special Civil Part 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 the Special Civil motion answer and listing each paper submitted to the New Jersey Special Civil Part and asking the New Jersey Special Civil Part to return a filed copy of your papers to you for your records.
• A brief that states the legal reasons for the New Jersey Special Civil Part to grant the New Jersey Special Civil Part motion and that refers to any cases, court rules, laws or regulations that support your right to summary judgment.
• New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits you submit that support your factual claims about why the New Jersey Special Civil Part should grant the New Jersey Special Civil Part motion.

WHAT IF I AM OPPOSING A NEW JERSEY SPECIAL CIVIL PART MOTION AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY SPECIAL CIVIL PART MOTION?
When answering a Special Civil motion, a New Jersey Special Civil Part party opposing a New Jersey Special Civil Part motion who wants to seek summary judgment or some other type of relief related to their opponent’s New Jersey Special Civil Part motion must file a Special Civil cross motion seeking the relief they want from the New Jersey Special Civil Part. To file a Special Civil cross motion, you must generally follow the steps for filing motions discussed elsewhere on this website. However, the cross motion should be scheduled to be heard on the same date as the original New Jersey Special Civil Part motion that you are opposing.

WHAT ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS?
To answer a Special Civil motion, the Special Civil plaintiff or Special Civil defendant that wishes to bring certain facts to the Special Civil court’s attention must do so by submitting Special Civil certifications or Special Civil affidavits. New Jersey Special Civil Part 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 Special Civil Part affidavit supports or opposes and the original date, if any, fixed for the Special Civil motion hearing for which the New Jersey Special Civil Part affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Special Civil Part affidavits.

The person making the New Jersey Special Civil Part affidavit is called “the affiant”.

New Jersey Special Civil Part certifications are written statements made instead of New Jersey Special Civil Part affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Special Civil Part affidavits plus the following language before the signature of the individuals making the New Jersey Special Civil Part 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 Special Civil Part motion is based on facts not appearing in the New Jersey Special Civil Part’s records or not judicially noticeable, the New Jersey Special Civil Part may hear the New Jersey Special Civil Part motion if it is supported by New Jersey Special Civil Part affidavits or New Jersey Special Civil Part 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 Special Civil Part affidavit or New Jersey Special Civil Part certification refers to documents, true and correct copies of the Special Civil documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification. Once a Special Civil Party submits New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, the New Jersey Special Civil Part may direct the affiant to submit to cross-examination or may hear the New Jersey Special Civil Part motion wholly or partly on oral testimony or depositions. Since the rules require that New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications be made from personal knowledge, New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support of Special Civil motions should not include facts based merely on "information and belief" or legal arguments.

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

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY SPECIAL CIVIL PART CERTIFICATION OR NEW JERSEY SPECIAL CIVIL PART AFFIDAVIT?
If the affiant is not available to sign an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification, it may be filed with a facsimile of the original signature provided the Special Civil lawyer 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 Special Civil Part or a Special Civil Party.

HOW DO I SERVE A NEW JERSEY SPECIAL CIVIL PART OPPOSITION PAPERS ON OTHER PARTIES IN THE NEW JERSEY SPECIAL CIVIL PART?
Service of New Jersey Special Civil Part opposition papers is complete only on receipt at the office of adverse counsel or the address of a Special Civil pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon a Special Civil attorney of Special Civil motion or Special Civil opposition papers is made by mailing a copy to the Special Civil lawyer at his or her office by ordinary mail, by handing it to the Special Civil lawyer or by leaving it at the office with a person in the Special Civil lawyer's employ or if the office is closed or the Special Civil lawyer has no office, in the same manner as service is made upon a Special Civil Party pursuant to the New Jersey Court Rules. If the Special Civil Party to be served is not represented by a Special Civil attorney, service of Special Civil motion or Special Civil 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 Special Civil Party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Special Civil Part. 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 Special Civil proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a Special Civil Party'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 Special Civil proof of service required by New Jersey Court Rule 1:5-3 asserts that the Special Civil Party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

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

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

WHAT HAPPENS AFTER I FILE OPPOSITION TO A NEW JERSEY SPECIAL CIVIL PART MOTION?
• If your New Jersey Special Civil Part opposition papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part motion might not require you to appear for a Special Civil motion hearing.
• If your papers are marked to specifically request oral argument, the New Jersey Special Civil Part might permit you to orally argue the New Jersey Special Civil Part motion.
• If your papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part motion. Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Special Civil Part’s decision alone on whether to grant such argument.
• Regardless of how your papers are marked, before ever showing up for a Special Civil motion hearing call the New Jersey Special Civil Part and find out the name of the Special Civil judge hearing the New Jersey Special Civil Part motion and the phone number of the Special Civil judge’s chambers. Call the Special Civil judge’s chambers to find out if the New Jersey Special Civil Part is going to hold oral argument on the New Jersey Special Civil Part motion. Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Special Civil Part!!!!
• You should also receive a filed copy of the New Jersey Special Civil Part New Jersey Special Civil Part opposition papers back from the New Jersey Special Civil Part. If you mailed the Special Civil documents to the New Jersey Special Civil Part for filing do not receive a filed copy of the New Jersey Special Civil Part motion and such a card within 7 days of filing the New Jersey Special Civil Part motion, call the New Jersey Special Civil Part 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 Special Civil case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Special Civil Part Special Civil motion to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part motion back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
• You may state in your opposition papers that you want your Special Civil motion to be decided without you having to appear but the New Jersey Special Civil Part can demand your appearance even if you give up your right to appear.
• If the New Jersey Special Civil Part requires you to appear for argument on the New Jersey Special Civil Part motion (the New Jersey Special Civil Part may do so regardless of whether you requested argument), the New Jersey Special Civil Part should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey Special Civil Part motion hearing, you should call the New Jersey Special Civil Part the day before the Special Civil motion hearing and if necessary, call the Special Civil judge’s chambers and ask to speak with the Special Civil judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Special Civil Part requires your appearance at the New Jersey Special Civil Part motion hearing, to avoid having the New Jersey Special Civil Part motion denied, go to New Jersey Special Civil court on the date the New Jersey Special Civil Part Special Civil motion to argue the New Jersey Special Civil Part motion. Failure to appear at Court if the New Jersey Special Civil Part motion is scheduled for argument may result in the denial of your motion. If and when you go to New Jersey Special Civil court, be sure to bring a complete file of all documents about your Special Civil 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 Special Civil Part hears your motion, the Special Civil judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Special Civil Part motion is scheduled to be decided, the New Jersey Special Civil Part forwards you a copy of the Special Civil order granting or denying the New Jersey Special Civil Part motion.
• If the New Jersey Special Civil Part motion is granted, you should be forwarded a copy of the granted order by the New Jersey Special Civil Part. If this happens, make 1 copy of the Special Civil order, sign/date the letter serving the Special Civil order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the Special Civil order (keep the original order for your records).
• Note that the New Jersey Special Civil Part may use telephone conferences to hear motions and with advance approval by the New Jersey Special Civil Part, sometimes the New Jersey Special Civil Part 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 Special Civil Part’s consent in advance of the Special Civil motion hearing! Consult the New Jersey Court Rules for further details.

WHAT HAPPENS IF I LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION?
If you are a New Jersey Special Civil Part plaintiff or a New Jersey Special Civil Part counterclaimant and you lose a New Jersey Special Civil Part motion made by your opponent, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a New Jersey Special Civil Part defendant who you believe owes you money. If you are a New Jersey Special Civil Part defendant – either against a New Jersey Special Civil Part complaint or a New Jersey Special Civil Part counterclaim and you lose a New Jersey Special Civil Part motion filed by an opponent, it could mean the entry of a money judgment against you and the beginning of a Special Civil Party’s efforts to collect the Special Civil judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey Special Civil Part’s decision about a New Jersey Special Civil Part motion, you may file papers for the New Jersey Special Civil Part to reconsider its decision – called a Special Civil motion for reconsideration. In some cases, the New Jersey Special Civil Part Special Civil motion for reconsideration must be made in 20 days from the date of the New Jersey Special Civil Part’s order deciding the New Jersey Special Civil Part motion. You may appeal the case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing appeals. To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey Special Civil Part Law Division, Civil Part and Special Civil Part appeals are not heard by the Civil Part or the Special Civil Part and you should not try to file appellate papers with those courts! As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey Special Civil Part system. The New Jersey Special Civil Part 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 Special Civil attorney, it is best to have the Special Civil lawyer perform the steps necessary to take an appeal. Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

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

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

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

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

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

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

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

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

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

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