Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Motion For Reconsideration Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

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

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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

WHAT IS A NEW JERSEY LAW DIVISION MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDER?
A New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is a party’s formal request, made by an application called a New Jersey Motion for Reconsideration, to have some or all portions of a New Jersey Law Division judgment or New Jersey Law Division order “overturned” or “removed” from the New Jersey Law Division’s records. New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is also called a New Jersey Motion for Reconsideration to alter or amend a judgment or order. The party making the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is called the “moving party” or “movant” and the party responding to the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order are called “opposition papers.” The date that the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from an attorney licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice.


WHEN ARE NEW JERSEY LAW DIVISION MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDERS FILED AND HEARD?
Except as otherwise provided by R. 1:13-1 (clerical errors) a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order must be typically be served and filed not later than 20 days after service of the New Jersey Law Division judgment or New Jersey Law Division order upon all parties by the party obtaining it. Such motions are typically heard on a standard motion return dates in New Jersey Law Division.

HOW ARE NEW JERSEY LAW DIVISION MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDERS DECIDED?
The New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the New Jersey Law Division has overlooked or as to which it has erred. A New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order focuses on that which was before the New Jersey Law Division in the first instance. Accordingly, new legal theories cannot be presented for the first time via the New Jersey Law Division motion for reconsideration of a New Jersey Final Judgment or New Jersey Final Order. Thus, to the extent that a party merely repeats the position it took in the previously unsuccessful motion or trial, the New Jersey Law Division should refrain from considering those issues again via the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Instead, reconsideration should be used only for those New Jersey Law Division cases which fall into that narrow corridor in which either (1) the New Jersey Law Division has expressed its decision based upon a clearly incorrect or irrational basis, or (2) it is obvious that the New Jersey Law Division either did not consider, or failed to appreciate the significance of probative, competent evidence. But if a party wishes to bring new or additional information to the New Jersey Law Division's attention which it could not have provided on the first application, the New Jersey Law Division should, in the interest of justice (and in the exercise of sound discretion), consider the evidence. However, since New Jersey Law Division motion practice must come to an end at some point, the New Jersey Law Division must be sensitive and scrupulous in its analysis of the issues in the New Jersey Law Division motion for reconsideration of a New Jersey Final Judgment or New Jersey Final Order. Many New Jersey Law Division Motions For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order are rejected as merely another instance where an unhappy party is attempting to relitigate an issue that the New Jersey Law Division already fairly decided. Mere dissatisfaction with the substantive result reached is insufficient reason for reconsideration.

IF I AM MAKING A NEW JERSEY LAW DIVISION MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDER IN THE NEW JERSEY LAW DIVISION, WHAT MUST I FILE WITH THE NEW JERSEY LAW DIVISION?
• Notice of motion
• A statement of the specific basis on which the New Jersey Motion For Reconsideration Of A Final Judgment is made, including a statement of the matters or controlling decisions which counsel believes the New Jersey Law Division has overlooked or as to which it has erred.
• Certifications or affidavits presenting any facts supporting your claim for relief
• Proof of mailing of the entire motion package to all other parties
• Proposed form of order
• A filing fee if required by the New Jersey Law Division – contact the New Jersey Law Division to confirm if a fee is necessary and if so, how much.
• 1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey Law Division 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 moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey Law Division 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 Law Division and asking the New Jersey Law Division to return a filed copy of your papers to you for your records.
• A brief that states the legal reasons for the New Jersey Law Division to grant the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order 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 Law Division record or if you introduce the facts into the New Jersey Law Division record in the manner required by the New Jersey Court Rules.
• Additional New Jersey Law Division certifications or New Jersey Law Division 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 Law Division certifications or New Jersey Law Division affidavits you submit that support your factual claims about why the New Jersey Law Division should grant the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order.

WHAT IS A NEW JERSEY LAW DIVISION NOTICE OF MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDER?
A New Jersey Law Division notice of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is a document containing certain language which tells all other parties and the New Jersey Law Division certain information about the moving party’s motion. The New Jersey Law Division notice of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order instructs the New Jersey Law Division hearing the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order and all parties involved in the New Jersey Law Division case who filed papers with the New Jersey Law Division of crucial information regarding the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order.

WHAT INFORMATION GOES INTO SUPERIOR COURT OF NEW JERSEY, LAW DIVISION NOTICE OF MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDER?
The notice of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order should include the following information:
• the date that New Jersey Motion for Reconsideration shall be heard by the New Jersey Law Division
• the place it shall be heard
• the grounds on which it is made
• the type of relief sought (summary judgment)
• the discovery end date or if none was assigned, a statement that no such date was assigned
• if the New Jersey Law Division scheduled a trial or arbitration date, the scheduled date
• if the moving party seeks oral argument on New Jersey Motion for Reconsideration

WHAT IS A NEW JERSEY LAW DIVISION PROOF OF SERVICE?
In all New Jersey Law Division actions, unless otherwise provided by rule or court order, Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Orders (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Orders 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 case but failed to ever file any papers whatsoever with the New Jersey Law Division). Proof of service of a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an New Jersey Law Division affidavit of the person making service, or (3) by a New Jersey Law Division certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the New Jersey Law Division affidavit or New Jersey Law Division certification shall state that the mailing was to the last known address of the person served. A proof of service made by New Jersey Law Division affidavit or New Jersey Law Division certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the New Jersey Law Division promptly and in any event before action is to be taken on the matter by the New Jersey Law Division. Where service has been made by registered or certified mail, filing of the return receipt card with the New Jersey Law Division shall not be required. Failure to make proof of service does not affect the validity of the service, and the New Jersey Law Division at any time may allow the proof to be amended or supplied unless an injustice would result.

In New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Orders, the proof of service most often takes the form of an New Jersey Law Division affidavit or New Jersey Law Division certification that states that the party submitting papers to the New Jersey Law Division for filing served those papers on all parties involved in the New Jersey Law Division case that ever filed papers with the New Jersey Law Division (parties that entered their “appearance” such as by filing a complaint or answer or motion in the New Jersey Law Division case). The 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 LAW DIVISION MOTION FOR RECONSIDERATION OF A NEW JERSEY FINAL JUDGMENT OR NEW JERSEY FINAL ORDER ON OTHER PARTIES IN THE NEW JERSEY LAW DIVISION?
Service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon an attorney of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order or opposition papers is made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney or by leaving it at the office with a person in the attorney's employ or if the office is closed or the attorney has no office, in the same manner as service is made upon a party pursuant to the New Jersey Court Rules. If the party to be served is not represented by an attorney, service of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order 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 party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Law Division. 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 proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a 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 proof of service required by New Jersey Court Rule 1:5-3 asserts that the party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

WHAT ARE NEW JERSEY LAW DIVISION AFFIDAVITS AND NEW JERSEY LAW DIVISION CERTIFICATIONS?
New Jersey Law Division 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 Law Division affidavit supports or opposes and the original date, if any, fixed for the hearing for which the New Jersey Law Division affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Law Division affidavits.

The person making the New Jersey Law Division affidavit is called “the affiant”.

New Jersey Law Division certifications are written statements made instead of New Jersey Law Division affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Law Division affidavits plus the following language before the signature of the individuals making the New Jersey Law Division 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 Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is based on facts not appearing in the New Jersey Law Division’s records or not judicially noticeable, the New Jersey Law Division may hear the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order if it is supported by New Jersey Law Division affidavits or New Jersey Law Division 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 Law Division affidavit or New Jersey Law Division 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 Law Division affidavit or New Jersey Law Division certification. Once a party submits New Jersey Law Division affidavits or New Jersey Law Division certifications, the New Jersey Law Division may direct the affiant to submit to cross-examination or may hear the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order wholly or partly on oral testimony or depositions. Since the rules require that New Jersey Law Division affidavits and New Jersey Law Division certifications be made from personal knowledge, New Jersey Law Division affidavits and New Jersey Law Division certifications submitted in support of Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Orders should not include facts based merely on "information and belief" or legal arguments.

When a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by proper New Jersey Law Division affidavits or New Jersey Law Division certifications. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the New Jersey Law Division affidavits or New Jersey Law Division certifications submitted to the New Jersey Law Division and for reasons stated in those New Jersey Law Division affidavits or New Jersey Law Division certifications, that the party was unable to present by New Jersey Law Division affidavit or New Jersey Law Division certification facts essential to justify opposition, in which case the New Jersey Law Division may deny the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, may order a continuance to permit additional New Jersey Law Division affidavits or New Jersey Law Division certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

Parties submitting New Jersey Law Division certifications or New Jersey Law Division affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey Law Division certifications or New Jersey Law Division affidavits in bad faith. If the New Jersey Law Division is satisfied, at any time, that any of the New Jersey Law Division affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey Law Division shall immediately order the party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the New Jersey Law Division affidavits, including reasonable attorney's fees and the New Jersey Law Division 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 LAW DIVISION CERTIFICATION OR NEW JERSEY LAW DIVISION AFFIDAVIT?
If the affiant is not available to sign an New Jersey Law Division affidavit or New Jersey Law Division certification, it may be filed with a facsimile of the original signature provided the 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 Law Division or a party.

What Is A Proposed Form Of Order?
New Jersey motions for reconsideration must include a proposed form of order for the judge’s signature and that orders that the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order be granted. A judgment or order shall not contain a recital of the pleadings in the New Jersey Law Division case or the record of prior proceedings. It must include the following:

• the caption of the New Jersey Law Division case
• signature line for the judge hearing the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order
• Spaces for the New Jersey Law Division to indicate whether the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order was opposed or unopposed.
• If the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by New Jersey Law Division affidavit or New Jersey Law Division certification made in compliance with the New Jersey Court Rules
• a designation of the subject of the 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 the judgment or order
• the effective date of the 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 Law Division has made findings of fact and conclusions of law explaining its disposition of the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, the 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 Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order was argued and the New Jersey Law Division 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 Law Division shall append to the order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the 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 Law Division memorializing the disposition made on a telephone motion.

What Happens After I File A New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order?
• If your New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order papers were marked oral argument waived, unless the New Jersey Law Division otherwise orders the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order might not require you to appear for a hearing.
• If your papers are marked to specifically request oral argument, the New Jersey Law Division might permit you to orally argue the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order.
• 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 Law Division certification in support of the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Law Division’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 Law Division and find out the name of the judge hearing the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order and the phone number of the judge’s chambers. Call the judge’s chambers to find out if the New Jersey Law Division is going to hold oral argument on the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Law Division!!!!
• You should also receive a filed copy of the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order papers back from the New Jersey Law Division. If you mailed the documents to the New Jersey Law Division for filing do not receive a filed copy of the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order and such a card within 7 days of filing the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, call the New Jersey Law Division 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 Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order to the New Jersey Law Division be sure to get a time stamped copy of the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order 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 Law Division Motion For.
• If you are not sure if you have to appear at the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order hearing, you should call the New Jersey Law Division the day before the hearing and if necessary, call the judge’s chambers and ask to speak with the judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Law Division requires your appearance at the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order hearing, to avoid having the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order denied, go to court on the date the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order to argue the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Failure to appear at Court if the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is scheduled for argument may result in the denial of your New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. If and when you go to 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 Law Division hears your New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, the judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is scheduled to be decided, the New Jersey Law Division forwards you a copy of the order granting or denying the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order.
• If the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is granted, you should be forwarded a copy of the granted order by the New Jersey Law Division. If this happens, make 1 copy of the order, prepare a letter serving the order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the order (keep the original order for your records).
• Note that the New Jersey Law Division may use telephone conferences to hear motions and with advance approval by the New Jersey Law Division, sometimes the New Jersey Law Division 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 Law Division’s consent in advance of the hearing! Consult the New Jersey Court Rules for further details.

Are Responses Filed To The New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order?
If they act in time, the parties opposing a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order may file a response to the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the New Jersey Law Division relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week. For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.

Are Replies Filed To The New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order?
If they act in time, the parties filing a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order may file a reply to a response to the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order. Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the New Jersey Law Division otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court. For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.

What Happens If I Make A New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order And Decide Before Its Hearing Date That I Want To Abandon The New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order Or Before Its Hearing Date The Parties Settle The New Jersey Law Division Case?
Moving parties are permitted to withdraw a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order from the New Jersey Law Division before the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order is heard. If the moving party decides to withdraw its New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order or they settle their case, the moving party must immediately inform the New Jersey Law Division. This is best done by calling the judge’s chambers for the judge hearing the New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order 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 Law Division to fax it to the New Jersey Law Division and to also forward it by certified mail, RRR, keeping a copy for your records).

What Happens If The New Jersey Law Division Grants My New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order?
Unless the New Jersey Law Division otherwise orders, within 7 days after the date it was signed, the party 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 Law Division answer to the New Jersey Law Division complaint filed in the New Jersey Law Division case.

What Happens If I Oppose And Lose A New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order?
If you oppose and lose a New Jersey Law Division Motion For Reconsideration Of A New Jersey Final Judgment or New Jersey Final Order, unless otherwise ordered by the New Jersey Law Division, the New Jersey Law Division judgment or New Jersey Law Division order you attempted to overturn shall remain on the New Jersey Law Division’s records (in the case of a New Jersey Law Division judgment - 20 years from the date of its entry and it can be renewed for another 20 years if the proper steps are taken before the New Jersey Law Division judgment expires).

Taking New Jersey Law Division Appeals
If you disagree with your New Jersey Law Division court’s decision and if your New Jersey Law Division’s decision in your New Jersey Law Division case is final, you may also appeal your New Jersey Law Division case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey Law Division appeals. To appeal a New Jersey Law Division Final Judgment that resolves all issues in your New Jersey Law Division 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 Law Division appeals are not heard by your New Jersey Law Division and you should not try to file appellate papers with your New Jersey Law Division! As part of your New Jersey Law Division 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 Law Division court system. Your New Jersey Law Division 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 an attorney, it is best to have the attorney perform the steps necessary to take a New Jersey Law Division appeal. Appeals from New Jersey Law Division 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 Law Division appeals from Final Judgments or orders. There may be exceptions to the information explained above; therefore, consult an 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.



Website Builder