Law Office Of Paul DePetris
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New Jersey Special Civil Case Facts

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SPECIAL CIVIL PART FAQS

WHAT IS THE NEW JERSEY SPECIAL CIVIL PART?
The New Jersey Special Civil Part is a subpart of the Superior Court of New Jersey. In the New Jersey Special Civil Part, disputes involving a limited amount of money -- $15,000 or less – may be heard. This article does not attempt to discuss the details of Special Civil cases heard in the small claims section or landlord tenant part of the New Jersey Special Civil Part. This article does not attempt to discuss small claims disputes or landlord tenant Special Civil cases. The objective of the Special Civil Part is to provide a New Jersey court for pro se litigants that is quick, procedurally simple and relatively inexpensive. The Special Civil Part is a high volume New Jersey court that places substantial demands on the Special Civil judges who sit there. The Special Civil Part has its origins in the New Jersey County District Courts, which was the predecessor to the Special Civil Part. At one time, the New Jersey County District Court was the New Jersey Small Claims Court. However, in 1983, the New Jersey County District Court was abolished by constitutional amendment, and the New Jersey County District Court's limited jurisdiction was transferred to the New Jersey Superior Court. Because New Jersey realized how useful it was to have a New Jersey court of limited monetary jurisdiction with expedited procedures, the concept of the New Jersey County District Court was preserved by court order, which transferred its former jurisdiction as well as its procedures, virtually intact, to a new division of the New Jersey Superior Court called the Special Civil Part. Through this transition, the New Jersey Supreme Court transferred all of the New Jersey District Court's cases, judges, and staff to the newly-created Special Civil Part.

WHAT IS THE SMALL CLAIMS SECTION OF THE NEW JERSEY SPECIAL CIVIL PART?
New Jersey Small Claims court is a subpart of New Jersey Special Civil Part where civil disputes involving $3,000 or less or in the Special Civil case of security deposit claims, $5,000 or less – may be heard. This article does not attempt to discuss small claims disputes or landlord tenant Special Civil cases.

WHAT TYPES OF CLAIMS ARE USUALLY FILED IN NEW JERSEY SPECIAL CIVIL PART?
• Contract disputes
• Property damage disputes, such as car accidents where only property is damaged (and persons do not sustain serious personal injuries)
• Bill collection disputes
• Security deposit disputes
• Disputes between consumers and merchants involving unsatisfactory goods or services

HOW DO I FILE A LAWSUIT NEW JERSEY SPECIAL CIVIL PART?
You may file a New Jersey Special Civil Part lawsuit – called a “complaint” -- by preparing a written complaint and filing it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where you intend to file the New Jersey Special Civil Part complaint – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the New Jersey Special Civil Part. You must pay a fee to file your New Jersey Special Civil Part complaint that is determined based on the number of parties you are suing, the dollar amount of the dispute and the type of trial you want. The New Jersey Special Civil Part fees often change, so it is important that you check with the New Jersey Special Civil Part court as to the appropriate fee when you are actually ready to file your papers. Only persons age 18 or older are able to file a New Jersey Special Civil Part complaint for themselves (minors must file a lawsuit through their parent or guardian). There are specific rules about where to file New Jersey Special Civil Part complaints, which depend on various considerations. New Jersey Special Civil Part jury trials complaint forms are available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is extremely important that you prepare your New Jersey Special Civil Part complaint very carefully and make sure that you include in the document a detailed list of all factual and legal reasons why you may have a right to win your Special Civil case, since failure to do so could cause you to lose your Special Civil case. It is very common for people to file inadequate or incorrect New Jersey Special Civil Part complaints that result in the New Jersey Special Civil Part complaints or answers to New Jersey Special Civil Part complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. If you are not represented by a Special Civil attorney in a Special Civil case, you are called a “pro se litigant”. Most complaints filed New Jersey Special Civil Part that go to trial are New Jersey Special Civil Part nonjury trials, meaning that only a judge hears the Special Civil case. For an extra fee paid only when you first file your first complaint (or paid when you file your first answer, if you are responding to the New Jersey Special Civil Part complaint), you may demand a trial by 6 jurors. New Jersey Special Civil Part jury trials are much more complex than New Jersey Special Civil Part nonjury trials and usually require much more preparation, including extensive Special Civil paperwork. However, a New Jersey Special Civil Part jury trial demand may result in the facts of your Special Civil case being decided by a jury of ordinary people rather than by a single judge. Even where a Special Civil plaintiff or Special Civil defendant requests a New Jersey Special Civil Part jury trial, the legal issues in the New Jersey Special Civil Part trial are normally decided by the judge hearing the Special Civil case.

WHAT IF I AM SUED IN NEW JERSEY SPECIAL CIVIL PART?
If you are sued New Jersey Special Civil Part, you shall be named to a New Jersey Special Civil Part complaint or counterclaim and must file a written response to the New Jersey Special Civil Part complaint or counterclaim, called an “answer”. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you and thereafter, possibly losing money or property. You may file an answer New Jersey Special Civil Part by preparing a written answer disputing charges made against you in the New Jersey Special Civil Part complaint or counterclaim and requesting that the New Jersey Special Civil Part dismiss the wrong charges. If plaintiff or someone that isn’t named in the New Jersey Special Civil Part complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Special Civil Part complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a New Jersey Special Civil Part counterclaim or third party complaint to recover the money or property (discussed below). New Jersey Special Civil Part forms are available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect New Jersey Special Civil Part complaints that result in the New Jersey Special Civil Part complaints or answers to New Jersey Special Civil Part complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and counterclaims. It is extremely important that you prepare your New Jersey Special Civil Part answer very carefully and make sure that you include in the answer a detailed list of all defenses against the New Jersey Special Civil Part complaint or counterclaim that you are responding to, since failure to do so could cause you to lose your Special Civil case. Accordingly, when you are sued, you should seriously consider hiring a Special Civil attorney to prepare your response to the New Jersey Special Civil Part complaint or counterclaim, to prepare written Special Civil requests for information to the party that sued you (discussed further below) and if you can afford it, to have a Special Civil attorney represent you in Special Civil court. After your New Jersey Special Civil Part answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey Special Civil Part complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your New Jersey Special Civil Part answer that is determined based on the amount of the original dispute and the type of trial you want and whether you intend to add parties to the lawsuit (discussed below). Only persons age 18 or older are able to file an answer for themselves (minors must file an answer through their parent or guardian). If you are not represented by a Special Civil attorney in a Special Civil case, you are called a “pro se litigant”. Most Special Civil cases filed New Jersey Special Civil Part that go to trial are New Jersey Special Civil Part nonjury trials, meaning that only a judge hears the Special Civil case. For an extra fee paid only when you first file your first answer, you may demand a trial by 6 jurors. New Jersey Special Civil Part jury trials are much more complex than New Jersey Special Civil Part nonjury trials and usually require much more preparation, including extensive Special Civil paperwork. However, a New Jersey Special Civil Part jury trial demand may result in the facts of your Special Civil case being decided by a jury of ordinary people rather than by a single judge. Even where a Special Civil plaintiff or Special Civil defendant requests a New Jersey Special Civil Part jury trial, the legal issues in the New Jersey Special Civil Part trial are normally decided by the judge hearing the Special Civil case.

WHAT IF I AM SUED IN NEW JERSEY SPECIAL CIVIL PART BUT SOMEONE OWES ME MONEY BECAUSE OF THE SITUATION THAT IS THE SUBJECT OF THE NEW JERSEY SPECIAL CIVIL PART LAWSUIT FILED AGAINST ME?
If you are a Special Civil defendant and plaintiff or someone that isn’t named in the New Jersey Special Civil Part complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Special Civil Part complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a New Jersey Special Civil Part counterclaim or third party complaint to recover the money or property (discussed below). If there are valid facts and legal reasons to support it, a Special Civil defendant can file their own New Jersey Special Civil Part lawsuit against a Special Civil plaintiff, called a “counterclaim If you are sued and someone who is not named in the lawsuit is partially or totally responsible for the Special Civil plaintiff’s damages or for damages you suffered and there are valid facts and legal reasons to support it, a Special Civil defendant can file their own complaint, called a “third party complaint”. By doing so, the defendant names parties not originally named to the New Jersey Special Civil Part complaint as additional parties to the Special Civil case. Counterclaims and third party complaints must be prepared in writing and filed with the appropriate court where the original complaint is being heard normally require extra fees above the cost of filing an answer to the original complaint. In the Special Civil case of a third party complaint, once properly filed, the New Jersey Special Civil Part normally serves it on the Special Civil plaintiff. Forms may be available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect New Jersey Special Civil Part complaints or counterclaims that result in the New Jersey Special Civil Part complaints or answers to New Jersey Special Civil Part complaints or counterclaims being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and filing counterclaims and third party complaints. It is extremely important that you prepare your New Jersey Special Civil Part answer, counterclaim or third party complaint carefully and make sure that you include in the documents a detailed list of all reasons why you may have a right to win your Special Civil case, since failure to do so could cause you to lose your Special Civil case. Accordingly, when you are sued and when you want to file a New Jersey Special Civil Part counterclaim or third party complaint, you should seriously consider hiring a Special Civil attorney to prepare your response to the New Jersey Special Civil Part complaint or counterclaim, to prepare written Special Civil requests for information to the party that sued you (discussed further below) and if you can afford it, to have a Special Civil attorney represent you in Special Civil court. After your counterclaim or third party complaint is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey Special Civil Part complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file the document that is determined based on the amount of the original dispute and the type of trial you want and it may also be based on whether you intend to add parties to the lawsuit.

WHAT IF I FILED A NEW JERSEY SPECIAL CIVIL PART LAWSUIT AND DEFENDANT FILED A NEW JERSEY SPECIAL CIVIL PART COUNTERCLAIM AGAINST ME?
If there are valid facts and legal reasons to support it, a Special Civil defendant can file their own New Jersey Special Civil Part lawsuit against a Special Civil plaintiff, called a “counterclaim”. If you are named to a New Jersey Special Civil Part counterclaim, you must file a written answer to the counterclaim. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you and thereafter, possibly losing money or property. It is possible for plaintiffs to win on their complaint only to lose on a Special Civil defendant’s counterclaim. You may file an answer New Jersey Special Civil Part by preparing a written answer disputing charges made against you in the New Jersey Special Civil Part complaint or counterclaim and requesting that the New Jersey Special Civil Part dismiss the wrong charges. If plaintiff or someone that isn’t named in the New Jersey Special Civil Part complaint owes you money or property based on the same set of facts as those in dispute in the New Jersey Special Civil Part complaint or facts related to the dispute, in addition to filing an answer, you may also be able to file a New Jersey Special Civil Part counterclaim or third party complaint to recover the money or property (discussed below). Forms are available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. It is very common for people to file inadequate or incorrect New Jersey Special Civil Part complaints that result in the New Jersey Special Civil Part complaints or answers to New Jersey Special Civil Part complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and counterclaims. It is extremely important that you prepare your New Jersey Special Civil Part answer very carefully and make sure that you include in the answer a detailed list of all defenses against the New Jersey Special Civil Part complaint or counterclaim that you are responding to, since failure to do so could cause you to lose your Special Civil case. Accordingly, when you are sued, you should seriously consider hiring a Special Civil attorney to prepare your response to the New Jersey Special Civil Part complaint or counterclaim, to prepare written Special Civil requests for information to the party that sued you (discussed further below) and if you can afford it, to have a Special Civil attorney represent you in Special Civil court. After your New Jersey Special Civil Part answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey Special Civil Part complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary Special Civil paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your New Jersey Special Civil Part answer that is determined based on the amount of the original dispute and the type of trial you want and whether you intend to add parties to the lawsuit (discussed below). Only persons age 18 or older are able to file an answer for themselves (minors must file an answer through their parent or guardian). If you are not represented by a Special Civil attorney in a Special Civil case, you are called a “pro se litigant”. Most Special Civil cases filed New Jersey Special Civil Part that go to trial are New Jersey Special Civil Part nonjury trials, meaning that only a judge hears the Special Civil case. For an extra fee paid only when you first file your first answer, you may demand a trial by 6 jurors. New Jersey Special Civil Part jury trials are much more complex than New Jersey Special Civil Part nonjury trials and usually require much more preparation, including extensive Special Civil paperwork. However, a New Jersey Special Civil Part jury trial demand may result in the facts of your Special Civil case being decided by a jury of ordinary people rather than by a single judge. Even where a Special Civil plaintiff or Special Civil defendant requests a New Jersey Special Civil Part jury trial, the legal issues in the New Jersey Special Civil Part trial are normally decided by the judge hearing the Special Civil case.

WHAT HAPPENS IF THE NEW JERSEY SPECIAL CIVIL PART LAWSUIT INVOLVES A CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY?
The officers of corporations, partnerships, limited liability companies and the like cannot generally appear New Jersey Special Civil Part in Special Civil cases involving disputes exceeding $3,000 since the corporation, partnership or limited liability company must usually be represented by a Special Civil attorney. There may be some exceptions to this rule, such as where the Special Civil case involves a summary action for possession of premises. Also, if you sue a company and the company represents itself at the New Jersey Special Civil Part trial and you thereafter win the Special Civil case and recover a New Jersey Special Civil Part judgment, it is possible that the company shall get the New Jersey Special Civil Part judgment overturned because they were not permitted to appear in Special Civil court for themselves in the first place!

IF I AM A SPECIAL CIVIL PLAINTIFF OR DEFENDANT IN NEW JERSEY SPECIAL CIVIL PART, WILL THE OTHER SIDE HAVE A SPECIAL CIVIL ATTORNEY?
If you are not represented by a Special Civil attorney in a Special Civil case, you are called a “pro se litigant”. While people can and often do represent themselves New Jersey Special Civil Part court, their opponent may be represented by a Special Civil attorney, which often places the unrepresented party at a major disadvantage. If possible, hire a Special Civil attorney to at least prepare any necessary court Special Civil paperwork and if you can afford it, to also appear and represent you in Special Civil court at any motions or trials. The proper preparation of legal papers and preparation of a Special Civil case for trial often requires knowledge of legal issues that only attorneys have. Court rules and evidence rules are often complex and accordingly, are often difficult to follow. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about special civil disputes that are heard by New Jersey courts, regardless of whether the people work for a Special Civil court or work for a Special Civil attorney.

IF THE OTHER SIDE HIRES A SPECIAL CIVIL ATTORNEY IN MY SPECIAL CIVIL CASE, SHOULD I DEAL WITH THE ATTORNEY OR THEIR CLIENTS?
If a Special Civil plaintiff or Special Civil defendant is represented by a Special Civil attorney in a New Jersey Special Civil Part dispute, you must generally avoid having oral or written contact regarding the Special Civil case with the represented party and instead, must make all communications involving the Special Civil case through the represented party’s attorney.

WHAT HAPPENS AFTER THE NEW JERSEY SPECIAL CIVIL PART COMPLAINT IS FILED?
After the New Jersey Special Civil Part complaint is filed, court staff shall serve the New Jersey Special Civil Part complaint on the defendants, usually by mailing it by certified and regular mail. The defendant has 35 days following service of the New Jersey Special Civil Part complaint to file an answer. The summons should state the date on which the New Jersey Special Civil Part complaint was served. If defendant fails to file a written answer to the New Jersey Special Civil Part complaint, the clerk should automatically enter a Special Civil default on the New Jersey Special Civil Part’s docket. The New Jersey Special Civil Part normally mails the Special Civil plaintiff a notice stating the date on which Special Civil cases are automatically defaulted (35 days after service of the answer). If a Special Civil defendant files a written answer and pays the necessary fee, the New Jersey Special Civil Part normally sends a notice of that an answer was filed. Once a New Jersey Special Civil Part complaint and answer are filed in the Special Civil case, whenever one party sends any kind of Special Civil paperwork to the New Jersey Special Civil Part court, they must generally send complete copies of the Special Civil paperwork to all other parties involved in their Special Civil case (or if they are represented, to the parties’ attorneys). If a Special Civil plaintiff or Special Civil defendant fails to follow this procedure, they may be punished by the New Jersey Special Civil Part court for the failure and any relief they ask for and receive from the New Jersey Special Civil Part court can often be reversed for the failure. The parties may engage in Special Civil discovery – a factfinding process during which each party tries to find out more about the other party’s position. Special Civil discovery often involves parties serving each other with written Special Civil requests for information called interrogatories, notices to produce (sometimes also called requests for production of documents) and requests for admissions. These requests are served by you and not the New Jersey Special Civil Part by mailing the documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other parties or by regular mail only on the other parties’ attorney, if they are represented by a Special Civil attorney. However, it is often best to send all documents to any opponent by regular main and also by certified mail, return receipt requested to make sure you have proof that the documents were received by your opponent. If either party fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the New Jersey Special Civil Part may punish the delinquent party, such as by throwing their complaint out of court or suppressing their answer. At some point after the New Jersey Special Civil Part complaint is filed and answered, the New Jersey Special Civil Part sends the parties a notice stating the New Jersey Special Civil Part trial date. Failure to carefully prepare and serve thorough written Special Civil requests for information could result in your losing your Special Civil case, since you may be in the dark about what the other party intends to do at the New Jersey Special Civil Part trial. If a Special Civil case is coming up for trial and you never received responses to your written Special Civil requests for information, you may have a right to get more time from the New Jersey Special Civil Part to get the requests answered. Special Civil discovery can be a very tricky and important part of the Special Civil case and to make sure that it is conducted right, you should seriously consider hiring a Special Civil attorney to prepare your written Special Civil requests for information to your opponents or to other parties involved in the Special Civil case or even to Special Civil witnesses and if you can afford it, to have a Special Civil attorney represent you in Special Civil court.

WHAT HAPPENS IF DEFENDANT IS DEFAULTED IN NEW JERSEY SPECIAL CIVIL PART?
If a Special Civil defendant is automatically defaulted by the New Jersey Special Civil Part, then no trial will occur (unless the New Jersey Special Civil Part vacates the Special Civil default) and the Special Civil plaintiff has 6 months from the date of the entry of a Special Civil default to file additional Special Civil paperwork with the New Jersey Special Civil Part to seek a Special Civil default judgment against a Special Civil defendant. In some Special Civil cases, securing a Special Civil default judgment only requires the Special Civil plaintiff to submit Special Civil paperwork, while in other Special Civil cases, the Special Civil plaintiff has to prepare and file a Special Civil motion and the New Jersey Special Civil Part may require the Special Civil plaintiff and defendant to appear at a Special Civil court hearing – a “proof hearing”.

WHAT HAPPENS IF A NEW JERSEY SPECIAL CIVIL PART DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU IGNORE IT?
If you ignore a New Jersey Special Civil Part judgment, your bank account may be frozen and money in it turned over to the New Jersey Special Civil Part judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the New Jersey Special Civil Part judgment and/or a lien may be put against a house you own. If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the New Jersey Special Civil Part judgment requires a Special Civil defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the New Jersey Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid. Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the New Jersey Special Civil Part court for relief. However, once a New Jersey Special Civil Part judgment is entered against you, you may ask the New Jersey Special Civil Part court to remove or “vacate” the New Jersey Special Civil Part judgment (discussed below).

DO I NEED A SPECIAL CIVIL EXPERT WITNESS TO PROVE MY SPECIAL CIVIL CASE?
Often to prove one’s Special Civil case or to successfully defend against a New Jersey Special Civil Part complaint, it is necessary to hire a Special Civil expert witness to prepare a proper Special Civil expert report and to testify regarding another party’s misconduct and the damages sustained as a result of the misconduct. If scientific, technical, or other specialized knowledge will assist the factfinder at the New Jersey Special Civil Part trial to understand the evidence or to determine a fact in issue, a witness qualified as a Special Civil expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. To be considered by the New Jersey Special Civil Part, a Special Civil expert’s opinion must meet three basic requirements: (1) the intended Special Civil testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that a Special Civil expert’s Special Civil testimony could be sufficiently reliable; and (3) the witness must have sufficient Special Civil expertise to offer the intended Special Civil testimony. To meet the element of whether Special Civil expert Special Civil testimony is sufficiently reliable, the party offering the Special Civil expert Special Civil testimony must demonstrate that the Special Civil expert’s opinion or theory is generally accepted within the scientific community. A Special Civil expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by Special Civil experts in the field. Bare conclusions of a Special Civil expert that are not supported by factual evidence are inadmissible. Likewise, Special Civil expert conclusions based on discredited or improperly performed diagnostic tools are suspect. A Special Civil expert's trial Special Civil testimony is confined to the opinion reflected in his or her report. Many Special Civil expert opinions are never admitted into evidence and Special Civil experts are thereby prevented from testifying at the New Jersey Special Civil Part trial because the New Jersey Special Civil Part finds the reports unreliable and/or inadequate. Therefore, simply hiring a Special Civil expert does not assure that you shall get their Special Civil testimony into evidence. Professional Special Civil experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform. The Special Civil expert normally sends a copy of their report to the party who hired the Special Civil expert. If your Special Civil case requires Special Civil expert Special Civil testimony and the matter goes all the way to trial, it shall be necessary to have the Special Civil expert appear at and testify at same. The Special Civil expert usually charges additional fees for the time during which they must appear at the New Jersey Special Civil Part trial but you may get the Special Civil expert to include such services as part of the fee to perform inspections and to write reports. While there are some exceptions, normally, courts do not allow people to show up at the New Jersey Special Civil Part trial to introduce into evidence estimates, Special Civil expert reports and other documents that they never prepared and Special Civil witnesses are often necessary to prove one’s Special Civil case, especially when it comes to the party’s damages.

WHAT HAPPENS AT THE NEW JERSEY SPECIAL CIVIL PART TRIAL?
On the day that your Special Civil case goes to trial you must appear at the New Jersey Special Civil Part court. Usually, many Special Civil cases are heard on the day that your Special Civil case is called for trial and it is not uncommon for many people to wait in a single courtroom for their Special Civil case to be called. You must be on time to avoid losing your Special Civil case! If a Special Civil plaintiff fails to appear when their Special Civil case is called, the New Jersey Special Civil Part is likely to dismiss the New Jersey Special Civil Part complaint. If a Special Civil defendant fails to appear when the Special Civil case is called, the New Jersey Special Civil Part shall likely enter a Special Civil default. If a Special Civil default is entered, you shall have to prepare and file Special Civil paperwork with the New Jersey Special Civil Part court asking the New Jersey Special Civil Part court to enter a Special Civil default judgment in your favor. If no default is entered, you must be prepared to present your Special Civil case or defense. 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 Special Civil case. A New Jersey Special Civil Part court has the power to punish unprepared parties, such as by throwing their Special Civil case out of court or limiting what they can present at the New Jersey Special Civil Part trial. You must bring all documents, photographs, videos and other items with you to the New Jersey Special Civil Part trial that are necessary to prove your Special Civil case (preferably originals). Even if you bring such documents and items to court, the New Jersey Special Civil Part may refuse to allow you to use them at your New Jersey Special Civil Part trial. New Jersey has published Special Civil cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at the New Jersey Special Civil Part trial. Accordingly, before trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at the New Jersey Special Civil Part trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial. For example, it is very common for courts to refuse to allow a Special Civil plaintiff or Special Civil defendant to use or refer to documents or items that the person themselves never prepared. Often parties stumble into special Civil Part 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 judge tell the parties 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 Special Civil Part. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil Part trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published Special Civil cases. If you have any Special Civil witnesses that you need to testify for you at the New Jersey Special Civil Part trial, then in advance of the New Jersey Special Civil Part trial and as required by court rules, laws and published Special Civil cases, you must prepare a written subpoena (or subpoenas if the Special Civil case is adjourned). Such a subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the parties to the Special Civil case to testify as part of your Special Civil case, since they might not show up at the New Jersey Special Civil Part trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of subpoena. If you think that you could have problems getting someone to show up to provide Special Civil testimony at the New Jersey Special Civil Part trial, you should have a process server serve them with a subpoena or if they are a Special Civil plaintiff or Special Civil defendant to the dispute, a notice in lieu of subpoena. Without Special Civil witnesses to testify at the New Jersey Special Civil Part trial (especially Special Civil experts, discussed above), you may lose your Special Civil case. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. Also, it is very common for trials to get adjourned because someone is not ready to present their Special Civil case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your Special Civil case on the date that the New Jersey Special Civil Part trial is scheduled since courts often refuse adjournment requests and dismiss Special Civil cases if parties are not prepared to proceed with their Special Civil case or defense on the New Jersey Special Civil Part trial date). It is best to have your questions for any Special Civil witnesses prepared in advance. At the end of trial, the New Jersey Special Civil Part normally enters a New Jersey Special Civil Part judgment for or against you. The New Jersey Special Civil Part may also withhold or “reserve” judgment for a later date, which normally results in the New Jersey Special Civil Part taking time to write up its reasons for its decision and mailing it to the parties’ last known addresses (or to their attorneys, if they are represented).

WHAT IS COURT MEDIATION IN SPECIAL CIVIL CASES?
In most Special Civil cases heard in the New Jersey Special Civil Part, before the New Jersey Special Civil Part trial occurs the New Jersey Special Civil Part requires the parties to mediate their dispute. New Jersey Special Civil Part mediation is an informal hearing normally held in a conference room. You and the other party and any attorneys involved in the Special Civil case appear at the New Jersey Special Civil Part mediation. The New Jersey Special Civil Part mediation is conducted by a neutral New Jersey Special Civil Part court appointed mediator. The New Jersey Special Civil Part Court mediator is trained in resolving disputes through the process of New Jersey Special Civil Part mediation. Accordingly, the New Jersey Special Civil Part Court mediator attempts to resolve the Special Civil case by suggesting a possible settlement to both parties. During the New Jersey Special Civil Part mediation, none of the parties is required to settle the Special Civil case. Indeed, one or all of the parties may not even make any offer to settle. Note that Special Civil cases do not always undergo New Jersey Special Civil Part mediation. If the Special Civil case cannot be settled before the New Jersey Special Civil Part trial and your Special Civil case is called to be tried, you must be prepared to present your Special Civil case or defenses.

IS IT POSSIBLE TO SETTLE MY SPECIAL CIVIL CASE DURING NEW JERSEY SPECIAL CIVIL PART MEDIATION?
Parties may voluntarily agree to settle their Special Civil case but preparing the proper settlement agreement requires great care. Normally, at any New Jersey Special Civil Part trial proceeding, the New Jersey Special Civil Part has settlement forms for the parties to complete if they settle their Special Civil case. However, neither New Jersey Special Civil Part court forms, websites nor advice from New Jersey Special Civil Part court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil case has its own particular legal issues and therefore, its own challenges. For example, what if you don’t include protections to yourself in the agreement? A Special Civil court may refuse to enforce a New Jersey Special Civil Part settlement agreement if it is unclear what the parties agreed to. Also, if a Special Civil plaintiff or Special Civil defendant fails to honor a New Jersey Special Civil Part settlement, you may have to return to New Jersey Special Civil Part court if you want to enforce the New Jersey Special Civil Part settlement, which normally requires you to file a Special Civil motion. If you can afford a Special Civil attorney, it is best to have the attorney prepare the New Jersey Special Civil Part settlement agreement so that they can try to make the other parties agree to the best settlement terms for you. If you do settle your Special Civil case yourself, you should notify the New Jersey Special Civil Part as soon as possible – with a phone call and then followed up in writing. If the Special Civil case is settled before trial, you should make every effort to advise the New Jersey Special Civil Part of the New Jersey Special Civil Part settlement before the New Jersey Special Civil Part trial occurs.

WHAT HAPPENS IF I GET A NEW JERSEY SPECIAL CIVIL PART JUDGMENT?
Once you get a New Jersey Special Civil Part judgment, you become a New Jersey Special Civil Part judgment creditor and you may decide to do nothing or more likely, you may decide to try to collect it. To collect a New Jersey Special Civil Part judgment, New Jersey Special Civil Part officers may be of assistance in taking steps to collect it, but they cannot provide legal advice. Normally, to collect on a New Jersey Special Civil Part judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out Special Civil paperwork to direct the New Jersey Special Civil Part court officer to try to recover the New Jersey Special Civil Part judgment from those assets. The collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment. The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil 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 attorney perform the steps necessary to collect any judgment.

WHAT IF A NEW JERSEY SPECIAL CIVIL PART DEFAULT AND/OR DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU STILL WANT A NEW JERSEY SPECIAL CIVIL PART TRIAL?
If a Special Civil default and/or default judgment was entered against you, you may seek to remove it, called “vacating the Special Civil default” or “vacating the Special Civil default judgment”. To vacate either, you must normally prepare a written Special Civil motion and file the Special Civil motion with the New Jersey Special Civil Part asking that the Special Civil default and/or default judgment be vacated. The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil 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 attorney perform the steps necessary to prepare the proper motion. If you ignore the Special Civil default, it may lead to the entry of a New Jersey Special Civil Part judgment against you. If you ignore a New Jersey Special Civil Part judgment, your bank account may be frozen and money in it turned over to the New Jersey Special Civil Part judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the New Jersey Special Civil Part judgment and/or a lien may be put against a house you own. If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the New Jersey Special Civil Part judgment requires a Special Civil defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the New Jersey Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.

TAKING NEW JERSEY SPECIAL CIVIL PART APPEALS -- WHAT IF I LOSE MY NEW JERSEY SPECIAL CIVIL PART TRIAL OR THE NEW JERSEY SPECIAL CIVIL PART COURT REFUSES TO VACATE A NEW JERSEY SPECIAL CIVIL PART DEFAULT JUDGMENT?
If you are a Special Civil plaintiff and you lose a Special Civil case, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a Special Civil defendant who you believe owes you money. If you are a Special Civil defendant and you lose a Special Civil case, it could mean the entry of a money judgment against you and the beginning of the Special Civil plaintiff’s efforts to collect the New Jersey Special Civil Part 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 court’s decision about a summary judgment motion, you may file papers for the New Jersey Special Civil Part court to reconsider its decision – called a Special Civil motion for reconsideration. In some Special Civil cases, the Special Civil motion for reconsideration must be made in 20 days from the date of the New Jersey Special Civil Part court’s order deciding the Special Civil summary judgment motion. If the New Jersey Special Civil Part’s decision in your Special Civil case is final, you may also appeal the Special Civil case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey Special Civil Part appeals. To appeal a New Jersey Special Civil Part final judgment that resolves all issues in the Special Civil case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of Special Civil judgment and pay a fee to the Appellate Division – New Jersey Special Civil Part appeals are not heard by the New Jersey Special Civil Part and you should not try to file appellate papers with the New Jersey Special Civil Part! As part of your New Jersey Special Civil Part appeal, you usually must also prepare a written court transcript request and order a Special Civil 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 court system. The New Jersey Special Civil Part court normally has forms available on the worldwide web. However, neither New Jersey Special Civil Part court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil lawyer’s legal services. Each Special Civil 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 attorney perform the steps necessary to take a New Jersey Special Civil Part appeal. Appeals from New Jersey Special Civil Part orders or Special Civil judgments that are not final are called “interlocutory appeals” and the procedure for such New Jersey Special Civil Part appeals is somewhat different than those for Special Civil appeals from final Special Civil judgments or Special Civil orders.

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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