Law Office Of Paul DePetris
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New Jersey Special Civil Motion Facts

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FILING SPECIAL CIVIL MOTIONS AND MAKING SPECIAL CIVIL MOTIONS

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

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

WHAT ARE SPECIAL CIVIL MOTION PAPERS?
The Special Civil documents that a Special Civil Party files with the Special Civil Part in support of a Special Civil motion are called Special Civil motion papers. Special Civil motion papers may include the following:
• Special Civil Notice of motion
• Special Civil Brief in support of the Special Civil motion
• Special Civil affidavit in support of the Special Civil motion
• Special Civil exhibits to the Special Civil affidavit in support of the Special Civil motion
• Special Civil certification in support of the Special Civil motion
• Special Civil exhibits to the Special Civil certification in support of the Special Civil motion
• Special Civil Proof of service of the Special Civil motion on other Special Civil Parties to the Special Civil case
• Special Civil order for the Special Civil court to sign if the Special Civil motion is granted.
• Statement of material facts (OPTIONAL) and responses to such statements.

WHEN ARE NEW JERSEY SPECIAL CIVIL PART MOTIONS FILED AND HEARD?
A New Jersey Special Civil Part motion may be heard up to the Special Civil trial date and it must be typically be served and filed 10 days before the Special Civil motion hearing date. Upon receipt of an objection to the New Jersey Special Civil Part motion being granted and a request for oral argument or at the direction of the New Jersey Special Civil Part, the New Jersey Special Civil Part Clerk sets the New Jersey Special Civil Part motion down for hearing and shall notify the pro se parties or the Special Civil lawyers by mail of the time and place of the New Jersey Special Civil Part motion hearing. The New Jersey Special Civil Part has wide discretion over whether or not to hear a New Jersey Special Civil Part motion on a trial date – it may decline to do so!

WHAT IS A NEW JERSEY SPECIAL CIVIL PART NOTICE OF MOTION ?
A New Jersey Special Civil Part Notice of Motion is a document containing certain language which tells all other parties and the New Jersey Special Civil Part certain information about the Special Civil moving party’s motion. The New Jersey Special Civil Part Notice of Motion instructs the New Jersey Special Civil Part hearing the New Jersey Special Civil Part motion and all parties involved in the case who filed papers with the New Jersey Special Civil Part of crucial information regarding the New Jersey Special Civil Part motion. Certain types of Special Civil notices of Special Civil motion must have specific disclosures as required by the New Jersey Court Rules.

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

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

HOW DO I SERVE A NEW JERSEY SPECIAL CIVIL PART OPPOSITION PAPERS ON OTHER PARTIES IN THE NEW JERSEY SPECIAL CIVIL PART?
Service of New Jersey Special Civil Part opposition papers is complete only on receipt at the office of adverse counsel or the address of a Special Civil pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon a Special Civil attorney of Special Civil motion or Special Civil opposition papers is made by mailing a copy to the Special Civil lawyer at his or her office by ordinary mail, by handing it to the Special Civil lawyer or by leaving it at the office with a person in the Special Civil lawyer's employ or if the office is closed or the Special Civil lawyer has no office, in the same manner as service is made upon a Special Civil Party pursuant to the New Jersey Court Rules. If the Special Civil Party to be served is not represented by a Special Civil attorney, service of Special Civil motion or Special Civil opposition papers upon that party is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the Special Civil Party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Special Civil Part. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the Special Civil proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a Special Civil Party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the Special Civil proof of service required by New Jersey Court Rule 1:5-3 asserts that the Special Civil Party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

WHAT ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS?
New Jersey Special Civil Part affidavits are written statements:
• made in the first person.
• divided into numbered paragraphs.
• that have a caption which includes a designation of the particular proceeding the New Jersey Special Civil Part affidavit supports or opposes and the original date, if any, fixed for the Special Civil motion hearing for which the New Jersey Special Civil Part affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Special Civil Part affidavits.

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

New Jersey Special Civil Part certifications are written statements made instead of New Jersey Special Civil Part affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Special Civil Part affidavits plus the following language before the signature of the individuals making the New Jersey Special Civil Part certification: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment."

If a New Jersey Special Civil Part motion is based on facts not appearing in the New Jersey Special Civil Part’s records or not judicially noticeable, the New Jersey Special Civil Part may hear the New Jersey Special Civil Part motion if it is supported by New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify. If the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification refers to documents, true and correct copies of the Special Civil documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification. Once a Special Civil Party submits New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, the New Jersey Special Civil Part may direct the affiant to submit to cross-examination or may hear the New Jersey Special Civil Part motion wholly or partly on oral testimony or depositions. Since the rules require that New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications be made from personal knowledge, New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support of Special Civil motions should not include facts based merely on "information and belief" or legal arguments.

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

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY SPECIAL CIVIL PART CERTIFICATION OR NEW JERSEY SPECIAL CIVIL PART AFFIDAVIT?
If the affiant is not available to sign an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification, it may be filed with a facsimile of the original signature provided the Special Civil lawyer or self represented party offering the document certifies that the affiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the New Jersey Special Civil Part or a Special Civil Party.

WHAT IS A PROPOSED FORM OF ORDER?
Motions must include a proposed form of order for the Special Civil judge’s signature and that orders that the New Jersey Special Civil Part motion be granted. A judgment or order shall not contain a recital of the pleadings in the case or the record of prior proceedings. It must include the following:

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

WHAT HAPPENS AFTER I FILE A SPECIAL CIVIL MOTION?
If you forwarded a stamped return envelope with enough postage and a copy of the Special Civil motion (in addition to the original) to the Special Civil Court when you filed the Special Civil motion, you should receive a filed copy of the Special Civil motion papers back from the Special Civil Court. If you mailed the documents to the Special Civil Court for filing do not receive a filed copy of the Special Civil motion and such a card within 7 days of filing the Special Civil motion, call the Special Civil Court to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys). When you call, refer to your Special Civil case docket number and have your papers ready for reference. If you hand deliver the Special Civil motion to the Special Civil Court be sure to get a time stamped copy of the Special Civil motion back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers. If you wish to request oral argument you shall have to indicate your request on your Special Civil motion papers and the Special Civil Court may or may not grant the request. If a Special Civil Party files a New Jersey Special Civil Part motion, the Special Civil order sought will be entered in the discretion of the New Jersey Special Civil Part unless the Special Civil lawyer or pro se party upon whom it has been served notifies the clerk of the New Jersey Special Civil Part and the Special Civil lawyer for the Special Civil moving party or the pro se party in writing within ten days after the date of service of the New Jersey Special Civil Part motion that the responding party objects to the entry of the Special Civil order. Upon receipt of an objection to the New Jersey Special Civil Part motion being granted and a request for oral argument or at the direction of the New Jersey Special Civil Part, the New Jersey Special Civil Part Clerk sets the New Jersey Special Civil Part motion down for hearing and shall notify the pro se parties or the Special Civil lawyers by mail of the time and place of the New Jersey Special Civil Part motion hearing. The New Jersey Special Civil Part has wide discretion over whether or not to hear a New Jersey Special Civil Part motion on a trial date – it may decline to do so! Normally, to defeat a Special Civil motion, the Special Civil party against whom the Special Civil motion was filed must respond to a Special Civil motion a specific way by preparing Special Civil opposition papers which answer the Special Civil motion or which respond to the Special Civil motion. The Special Civil rules include mandatory requirements for Special Civil opposition papers. Special Civil opposition papers may include the following:
• Special Civil Brief in support of the Special Civil opposition to the Special Civil motion
• Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil proof of service of the Special Civil opposition papers on other Special Civil Parties to the Special Civil case
• Response to statement of material facts
The Special Civil Court may mark the matter down for oral argument – this often happens if a Special Civil motion is timely and properly opposed by the Special Civil party facing the Special Civil motion. If the Special Civil Court requires you to appear for argument on the Special Civil motion (the Special Civil Court may do so regardless of whether you requested argument), the Special Civil Court should contact you – usually by sending you a postcard or other type of notice - and you must appear on the date and time as requested. If you are not sure if you have to appear at the Special Civil motion hearing, you should call the Special Civil Court the day before the hearing and if necessary, call the Special Civil judge’s chambers and ask to speak with the Special Civil judge’s clerk or secretary (if the clerk is unavailable). If you find out that the Special Civil Court requires your appearance at the Special Civil motion hearing, to avoid having the Special Civil motion denied, go to the correct Special Civil court on the date the Special Civil motion to argue the Special Civil motion (or get permission to “appear by phone”). Note that the Special Civil Court may use telephone conferences to hear motions and with advance approval by the Special Civil Court, sometimes the Special Civil Court allows parties to appear by telephone instead of appearing at Special Civil Court in person. If you intend to try to appear by phone, you must get the Special Civil Court’s consent in advance of the hearing! Failure to appear at Special Civil Court if the Special Civil motion is scheduled for argument may result in the denial of your Special Civil motion. If and when you go to court, be sure to bring a complete file of all documents about your Special Civil case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.). For, if the Special Civil Court hears your Special Civil motion, the Special Civil judge may question you to confirm that you properly served it.

WHAT HAPPENS AFTER THE SPECIAL CIVIL MOTION IS HEARD?
Normally, after the Special Civil motion is scheduled to be decided, the Special Civil Court forwards you a copy of the order granting or denying the Special Civil motion. If the Special Civil motion is granted, you should be forwarded a copy of the granted order by the Special Civil Court. If this happens, make 1 copy of the order, sign/date the 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).


WHAT HAPPENS IF I LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION?
If you are a New Jersey Special Civil Part plaintiff or a New Jersey Special Civil Part counterclaimant and you lose a New Jersey Special Civil Part motion made by your opponent, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a New Jersey Special Civil Part defendant who you believe owes you money. If you are a New Jersey Special Civil Part defendant – either against a New Jersey Special Civil Part complaint or a New Jersey Special Civil Part counterclaim and you lose a New Jersey Special Civil Part motion filed by an opponent, it could mean the entry of a money judgment against you and the beginning of a Special Civil Party’s efforts to collect the Special Civil judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey Special Civil Part’s decision about a New Jersey Special Civil Part motion, you may file papers for the New Jersey Special Civil Part to reconsider its decision – called a Special Civil motion for reconsideration. In some cases, the New Jersey Special Civil Part Special Civil motion for reconsideration must be made in 20 days from the date of the New Jersey Special Civil Part’s order deciding the New Jersey Special Civil Part motion. You may appeal the case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing appeals. To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey Special Civil Part Law Division, Civil Part and Special Civil Part appeals are not heard by the Civil Part or the Special Civil Part and you should not try to file appellate papers with those courts! As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey Special Civil Part system. The New Jersey Special Civil Part normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil attorney, it is best to have the Special Civil lawyer perform the steps necessary to take an appeal. Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION?
A New Jersey Special Civil Part summary judgment motion is a Special Civil Party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a Special Civil case decided by a judge in that party’s favor and before a trial occurs. The Special Civil Party making the New Jersey Special Civil Part summary judgment motion is called the “moving party” or “movant” and the Special Civil Party answering the New Jersey Special Civil Part summary judgment motion is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the Special Civil moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part summary judgment motion are called “opposition papers.” The date that the New Jersey Special Civil Part summary judgment motion is scheduled to be heard is called its “return date” or “hearing date”. Judges decide issues of law in a Special Civil case. In jury trials, juries decide factual issues of a Special Civil case and in trials without a jury (called “nonjury trials”) a judge decides the facts of a Special Civil case. A New Jersey Special Civil Part Summary Judgment Motion is a type of Special Civil motion that seek the dismissal of part or all of a Special Civil case or of the defense to a Special Civil case without the need for holding a trial. A Special Civil Party seeking any affirmative relief may, after the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. The Special Civil judgment or order sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the Special Civil moving party is entitled to a judgment or order as a matter of law. An issue of fact is genuine only if, considering the burden of persuasion at a Special Civil trial, the evidence submitted by the parties on the Special Civil motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact. The New Jersey Special Civil Part shall find the facts and state its conclusions in accordance with R. 1:7-4. A summary judgment or order, interlocutory in character, may be rendered on any issue in the action (including the issue of liability) although there is a genuine factual dispute as to any other issue (including any issue as to the amount of damages). Subject to the provisions of R. 4:42-2 (judgment upon multiple claims), a summary judgment final in character may be rendered in respect of any portion of the damages claimed. In a New Jersey Special Civil Part summary judgment motion, the Special Civil moving party claims that some or all of the important facts of the case are not in dispute and therefore, that the law entitles the Special Civil moving party to a judgment on part or all of the case. Summary judgment motions are usually successful where there are no important issues of fact to be decided at a Special Civil trial and therefore, the Special Civil judge is able to decide the case before the Special Civil trial. If you face a New Jersey Special Civil Part summary judgment motion, given the complex nature of such Special Civil motions and frequent changes in the law and court rules, you should seek professional advice from a New Jersey Special Civil lawyer. No website is a substitute for competent Special Civil legal advice. Special Civil summary judgment motions have special requirements (not listed in this article) in addition to those for other types of New Jersey Special Civil motions. Another article on this website deals with the requirements of Special Civil summary judgment motions.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is a party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a New Jersey Special Civil Part complaint, New Jersey Special Civil Part counterclaim or New Jersey Special Civil Part crossclaim dismissed for a failure to state a valid legal claim. It may be made “with prejudice” – essentially a dismissal forever or “without prejudice” – essentially a temporary dismissal. The Special Civil party making the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is called the “moving party” or “movant” and the Special Civil party responding to the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the Special Civil moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief are called “opposition papers.” The date that the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, given the complex nature of such Special Civil 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. Special Civil motions to dismiss have special requirements (not listed in this article) in addition to those for other types of New Jersey Special Civil motions. Another article on this website deals with the requirements of Special Civil motions to dismiss.


WHAT IS A SPECIAL CIVIL PART MOTION FOR RECONSIDERATION?
A New Jersey Special Civil Part motion for reconsideration, also called a Special Civil reconsideration motion, is a Special Civil Party’s formal request, made by an application called a Special Civil motion, to have the New Jersey Special Civil Part reconsider or change a Special Civil judgment or Special Civil order made by a Special Civil judge. A New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is a party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a Special Civil Part judgment or New Jersey Special Civil Part order “overturned” or “removed” from the New Jersey Special Civil Part’s records or “changed”. New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is also called a Special Civil motion to alter or amend a judgment or order. The Special Civil party making the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is called the “moving party” or “movant” and the Special Civil party responding to the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil 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 Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order are called “opposition papers.” The date that the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil 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. Special Civil motions for reconsideration may have special requirements (not listed in this article) in addition to those for other types of New Jersey Special Civil motions. Another article on this website deals with the requirements of Special Civil motions for reconsideration.

WHAT IS THE DIFFERENCE BETWEEN A SPECIAL CIVIL INTERLOCUTORY ORDER OR SPECIAL CIVIL INTERLOCUTORY JUDGMENT AND A SPECIAL CIVIL FINAL ORDER OR SPECIAL CIVIL FINAL JUDGMENT?
There are 2 types of Special Civil motions for reconsideration – motions for reconsideration of final judgments and final orders and motions for reconsideration of interlocutory judgments and interlocutory orders. A Special Civil order or Special Civil judgment may be either interlocutory or final. Special Civil interlocutory orders and Special Civil interlocutory judgments are not final – they are subject to change while a Special Civil case is actively litigated in the Special Civil part or before the case is resolved as to all parties and issues. Special Civil final orders and Special Civil final judgments typically decide a Special Civil case or issue in the Special Civil case fully and finally. The difference between Special Civil final and Special Civil interlocutory judgments and Special Civil final and Special Civil interlocutory orders is the timing in which to seek reconsideration before it is too late and the standard for deciding the different types of judgments and orders. A Special Civil motion for reconsideration of interlocutory orders may be made at any time until final judgment is entered in the Special Civil case in the Special Civil Court's discretion and in the interests of justice. The Special Civil court has the inherent power to be exercised in its sound discretion, to review, revise, reconsider and modify its interlocutory judgments and interlocutory orders at any time prior to the entry of a Special Civil final judgment. Reconsideration of final judgments or final orders must be made (filed) within 20 days of the entry of the Special Civil final judgment or Special Civil final order. The rules governing Special Civil final judgments and Special Civil final orders generally require that evidence must be newly discovered to be considered but that requirement does not apply to Special Civil interlocutory judgments and Special Civil interlocutory orders. But interlocutory orders and interlocutory judgments may be reconsidered under the interests of justice standard. That entitlement to change a prior Special Civil court ruling in the interests of justice and the 20 day time limit for making motions for reconsiderations of final orders and final judgments under a more difficult standard are what distinguish Special Civil interlocutory orders and Special Civil interlocutory judgments from Special Civil final orders and Special Civil final judgments.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO VACATE DEFAULT JUDGMENT?
A New Jersey Special Civil Part Motion To Vacate Default Judgment is a Special Civil party’s formal request, made by an application called a motion, to have some or all portions of a judgment removed from the New Jersey Special Civil Part’s records so that the Special Civil party against whom the judgment was entered has an opportunity to go to trial. A New Jersey Special Civil Part Motion To Vacate Default Judgment is not the end of the New Jersey Special Civil Part case – it is usually a new beginning. When a Special Civil party has a New Jersey Special Civil Part Default Judgment entered against them, to have their “day in court” they must normally file a New Jersey Special Civil Part Motion To Vacate Default Judgment and thereafter file an answer and have a trial or have their Special Civil case decided in the future by another motion filed in the New Jersey Special Civil Part. The most common exception to a Special Civil party not having to ask for a new “day in court” after a New Jersey Special Civil Part default judgment is vacated occurs when the Special Civil party making the motion can prove that they paid the judgment (not to be confused with paying the debt that formed the basis of the judgment before the judgment was entered). If a person or business wants to vacate a New Jersey Special Civil Part default judgment, the sooner they file the New Jersey Special Civil Part Motion To Vacate Default Judgment , the better. This is because the New Jersey Special Civil Part often is less likely to grant a New Jersey Special Civil Part Motion To Vacate Default Judgment if the The Special Civil party making the New Jersey Special Civil Part Motion To Vacate Default Judgment is called the “moving party” or “movant” and the Special Civil party responding to the New Jersey Special Civil Part Motion To Vacate Default Judgment 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 Special Civil Part Motion To Vacate Default Judgment are called “opposition papers.” The date that the New Jersey Special Civil Part Motion To Vacate Default Judgment is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Special Civil Part Motion To Vacate Default Judgment, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from a Special Civil lawyer licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice by a New Jersey Special Civil lawyer. Special Civil motions to vacate default judgment may have special requirements (not listed in this article) in addition to those for other types of New Jersey Special Civil motions. Another article on this website deals with the requirements of Special Civil motions to vacate default judgment.

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

NEED HELP WITH YOUR NEW JERSEY CASE?
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. 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.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil 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 Special Civil case. The following are reasons to use a Special Civil attorney to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a 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 Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey 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 complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil 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 Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil 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 Special Civil 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 Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil 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. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil trial, you must be prepared to argue them, which may require you to refer to New Jersey Special Civil court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Special Civil expecting the Special Civil judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The Special Civil judge hearing your New Jersey Special Civil case is not permitted to give you legal advice.

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

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

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

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

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

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