Law Office Of Paul DePetris
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New Jersey Summary Judgment Standard Facts

Read below to learn more about this topic.

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

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

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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

THE STANDARD THAT NEW JERSEY COURTS USE TO DECIDE NEW JERSEY SUMMARY JUDGMENT MOTIONS

WHAT IS A NEW JERSEY SUMMARY JUDGMENT MOTION?
A New Jersey summary judgment motion is a New Jersey plaintiff or New Jersey defendant’s formal request, made by an application called a New Jersey motion, to have some or all portions of a case decided by a New Jersey judge in that party’s favor and before a trial occurs. The party making the New Jersey summary judgment motion is called the “New Jersey moving party” or “movant” and the party responding to the New Jersey summary judgment motion is called the “respondent” or “responding party” or “New Jersey nonmoving party” or “opposing New Jersey plaintiff or New Jersey defendant”. The New Jersey papers submitted with the New Jersey moving party’s motion are called “New Jersey moving papers” and the New Jersey papers submitted in opposition to the New Jersey summary judgment motion are called “opposition papers.” The date that the New Jersey summary judgment motion is scheduled to be heard is called its “return date” or “hearing date”. New Jersey judges decide issues of law in a case. In jury trials, juries decide factual issues of a case and in trials without a jury (called “nonjury trials”) a New Jersey judge decides the facts of a case. A New Jersey Summary Judgment Motion is a type of motion that seek the dismissal of part or all of a case or of the defense to a case without the need for holding a trial. A New Jersey plaintiff or New Jersey defendant seeking any affirmative relief may, after the service of the New Jersey pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. The judgment or order sought shall be rendered forthwith if the New Jersey 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 New Jersey moving party is entitled to a New Jersey judgment or New Jersey order as a matter of law. An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-New Jersey moving party, would require submission of the issue to the trier of fact. The New Jersey 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 New Jersey 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.

HOW ARE NEW JERSEY SUMMARY JUDGMENT MOTIONS DECIDED?
In a New Jersey summary judgment motion, the New Jersey moving party claims that some or all of the important facts of the New Jersey case are not in dispute and therefore, that the law entitles the New Jersey moving party to a judgment on part or all of the New Jersey case. New Jersey summary judgment motions are usually successful where there are no important issues of fact to be decided at trial and therefore, the New Jersey judge is able to decide the New Jersey case before the New Jersey trial. The standard for determining New Jersey summary judgment motions is that, if the New Jersey pleadings, depositions, answers to interrogatories and admissions on file, together with the New Jersey affidavits and New Jersey certifications submitted in support or in opposition to the New Jersey summary judgment motion, if any, show that there is no genuine issue as to any material fact challenged and that the New Jersey moving party is entitled to summary judgment as a matter of law. Under the summary judgment standard, not all issues of fact are relevant to the New Jersey’s decision of whether to grant or deny summary judgment. Instead, an issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the New Jersey summary judgment motion, together with all legitimate inferences therefrom favoring the non-New Jersey moving party, would require submission of the issue to the New Jersey judge or jury deciding the facts of the New Jersey case (called the “trier of fact”). If a case lacks material factual disputes, the New Jersey simply applies the appropriate law to the facts. Moreover, disputed facts of an insubstantial nature should not prevent the New Jersey from granting a New Jersey summary judgment motion. Even where the New Jersey nonmoving party disputes an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the New Jersey may grant the New Jersey summary judgment motion. When a New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion invoked the summary judgment rule and submitted a statement of material facts supported by citations to the record and further, submitted certification(s) in support of the application, the burden rests on the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion to show that the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion has a plausible ground for the maintenance of the cause of action or defense alleged in the New Jersey complaint or New Jersey answer filed by the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion. Unless the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion can do more than simply create some doubt as to the material facts presented by the New Jersey summary judgment motion, the New Jersey court should enter summary judgment. Where the New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion establish certain facts, the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion has a duty to come forward with controvert facts and if the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion fails to do so, the New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion shall be entitled to summary judgment. A New Jersey Court deciding a New Jersey summary judgment motion cannot turn a blind eye to the weight of the evidence, as the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion must do more than simply show that there is some metaphysical doubt as to the material facts. Thus, the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion cannot merely sit on their hands and yet win the New Jersey summary judgment motion. Mere reliance upon argument presented via a New Jersey summary judgment opposition brief shall often be insufficient to defeat a New Jersey summary judgment motion. Bare conclusions in the pleadings that are unsupported by facts submitted via affidavits or certifications cannot usually defeat a New Jersey summary judgment motion. Where a New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion offers no affidavits or other proofs in opposition of the New Jersey summary judgment motion, the New Jersey court deciding the New Jersey summary judgment motion may accept as true evidentiary matters set forth in the New Jersey summary judgment motion by proper New Jersey affidavit or New Jersey certification. Accordingly, if the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion fails to raise any genuine issue of material fact in opposition to the New Jersey summary judgment motion, the New Jersey Court should grant summary judgment in favor of the New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion. To properly respond to the New Jersey summary judgment motion, the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion must fully satisfy the requirements of the New Jersey summary judgment court rules which are intended not only to focus the parties' attention on the areas of actual dispute but should significantly facilitate the New Jersey court's review. The requirements of the New Jersey summary judgment court rules are not merely optional, since failure to comply with the New Jersey summary judgment court rules can result in a considerable waste of judicial time and resources when New Jersey courts are forced to search for factual issues by sifting through voluminous and confusing records -work that should be performed by the New Jersey plaintiffs and New Jersey defendants to a New Jersey case. Therefore, unless the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion are able to cite to the record to refute the proofs that the New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion set forth in the New Jersey plaintiff or New Jersey defendant making the New Jersey summary judgment motion’ statement of material facts, summary judgment is appropriate.

CAN I JUST SHOW UP TO A NEW JERSEY MOTION HEARING WITH DOCUMENTS AND EXPECT TO WIN THE NEW JERSEY MOTION HEARING?
Many people think they just show up at a New Jersey motion hearing without first filing any New Jersey papers responding to the New Jersey summary judgment motion and that the New Jersey court shall let them tell their story. This is not usually how New Jersey motions work! Never assume you can just show up to New Jersey Court with documents and try to oppose a New Jersey motion!

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

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

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

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

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

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

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

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

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

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

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