Law Office Of Paul DePetris
paul@newjerseylemon.com

Summary Judgment Facts

Read below to learn more about this topic.

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

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

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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

WHAT IS A NEW JERSEY SUMMARY JUDGMENT MOTION IN THE NEW JERSEY LAW DIVISION?
If you face a New Jersey summary judgment motion, given the complex nature of such New Jersey motions and frequent changes in the law and New Jersey 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! 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 New Jersey lawsuit decided by a New Jersey judge in that New Jersey plaintiff or New Jersey defendant’s favor and before a trial occurs. New Jersey plaintiff or New Jersey defendant making the New Jersey motion is called the “moving New Jersey plaintiff or New Jersey defendant” or “movant” and New Jersey plaintiff or New Jersey defendant responding to the New Jersey motion is called the “respondent” or “responding New Jersey plaintiff or New Jersey defendant” or “nonmoving New Jersey plaintiff or New Jersey defendant” or “opposing New Jersey plaintiff or New Jersey defendant”. The New Jersey motion papers submitted with the moving New Jersey plaintiff or New Jersey defendant’s New Jersey motion are called “moving New Jersey motion papers” and the New Jersey motion papers submitted in opposition to the New Jersey motion are called “New Jersey summary judgment answers.” The date that the New Jersey motion is scheduled to be heard is called its “return date” or “hearing date”. New Jersey judges decide issues of law in a New Jersey lawsuit. In New Jersey jury trials, juries decide factual issues of a New Jersey lawsuit and in trials without a New Jersey jury (called “nonjury trials”) a New Jersey judge decides the facts of a New Jersey lawsuit. In a New Jersey summary judgment motion, the moving New Jersey plaintiff or New Jersey defendant claims that the important facts of the New Jersey case are not in dispute and therefore, that the law entitles the moving New Jersey plaintiff or New Jersey defendant to a judgment. New Jersey motions for summary judgment are usually successful where there are no important issues of fact to be decided at the New Jersey trial and therefore, the New Jersey judge is able to decide the New Jersey case before the New Jersey trial.

WHEN ARE NEW JERSEY LAW DIVISION MOTIONS FOR SUMMARY JUDGMENT FILED AND HEARD?
In the New Jersey Law Division, a New Jersey plaintiff or New Jersey defendant seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief (such as a complaint or counterclaim), move for a New Jersey summary judgment or order on all or any part thereof or as to any defense (such as those presented in an answer or New Jersey motion). A New Jersey plaintiff or New Jersey defendant against whom a claim for such affirmative relief is asserted (such as a complaint or counterclaim) may move for summary judgment as to all or any part of the claim. In Superior Court of New Jersey, Law Division and unless the New Jersey Law Division otherwise directs, the New Jersey motion for summary judgment must be filed 30 days before the New Jersey trial date and served on the nonmoving New Jersey plaintiffs and New Jersey defendants and filed at least 28 days prior to the New Jersey motion’s hearing date. The Law Division has a specific schedule for New Jersey motions and the New Jersey plaintiff making the New Jersey summary judgment motion or New Jersey defendant making the New Jersey summary judgment motion should schedule the New Jersey motion to be heard on one of those dates by indicating the date on the New Jersey motion papers (see below). It is not unusual for the New Jersey Law Division, either a New Jersey plaintiff or New Jersey defendant’s request for an adjournment or to accommodate the New Jersey Law Division’s schedule, to reschedule the hearing date to a date that is different to that stated in New Jersey plaintiff or New Jersey defendant’s New Jersey motion papers.

HOW ARE NEW JERSEY MOTIONS FOR SUMMARY JUDGMENT DECIDED IN THE NEW JERSEY LAW DIVISION?
The standard for determining New Jersey motions for summary judgment is that, if the pleadings, depositions, answers to interrogatories and admissions on file, together with the New Jersey affidavits and certifications submitted in support or in opposition to the New Jersey motion for summary judgment, if any, show that there is no genuine issue as to any material fact challenged and that the moving New Jersey plaintiff or New Jersey defendant is entitled to a New Jersey summary judgment order as a matter of law. Under the summary judgment standard, not all issues of fact are relevant to the New Jersey Law Division’s decision of whether to grant or deny a New Jersey summary judgment motion. Instead, an issue of fact is genuine only if, considering the burden of persuasion at the New Jersey trial, the evidence submitted by New Jersey plaintiffs and New Jersey defendants on the New Jersey motion, together with all legitimate inferences therefrom favoring the non-moving New Jersey plaintiff or New Jersey defendant, 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 New Jersey lawsuit lacks material factual disputes, the New Jersey Law Division simply applies the appropriate law to the facts. Moreover, disputed facts of an insubstantial nature should not prevent the New Jersey Law Division from granting a New Jersey summary judgment motion. Even where the nonmoving New Jersey plaintiff or New Jersey defendant disputes an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the New Jersey Law Division may grant the New Jersey motion for summary judgment.

IF I AM MAKING A NEW JERSEY SUMMARY JUDGMENT MOTION IN THE NEW JERSEY LAW DIVISION, WHAT MUST I FILE WITH THE NEW JERSEY LAW DIVISION?
• New Jersey notice of motion for summary judgment
• Proof of mailing of the entire New Jersey motion package to all other New Jersey plaintiffs and New Jersey defendants
• Proposed form of order
• 1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey Law Division to use if it grants the proposed order)
• Statement of uncontested material facts supporting your claim for relief
• A check or money order in the amount of the New Jersey motion filing fee payable to the Treasurer of State of New Jersey or if you have an Attorney charge account with the State of New Jersey, the account number and a request that the account be charged so that the New Jersey Law Division can charge the account for the filing fee.

Other items that are not necessary in every case but which are often helpful to include with the moving New Jersey motion papers are:

• One extra copy of all the moving New Jersey motion papers to be stamped by the New Jersey Law Division with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the New Jersey Law Division Clerk’s Office to return a filed copy of your New Jersey motion papers to you for your records.
• a letter to the appropriate branch of the New Jersey Law Division Clerk’s Office forwarding your moving New Jersey motion papers and listing each paper submitted to the New Jersey Law Division and asking the New Jersey Law Division to return a filed copy of your New Jersey motion papers to you for your records.
• A brief that states the legal reasons for the New Jersey Law Division to grant the New Jersey motion for summary judgment and that refers to any cases, New Jersey Court Rules, laws or regulations that support your right to a New Jersey summary judgment order.
• Certifications or affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey certifications or affidavits you submit that support your factual claims about why the New Jersey Law Division should grant the New Jersey motion for summary judgment.

WHAT IS A NEW JERSEY NOTICE OF MOTION FOR SUMMARY JUDGMENT?
A New Jersey notice of motion for summary judgment is a document containing certain language which tells all other New Jersey plaintiffs and New Jersey defendants and the New Jersey Law Division certain information about the moving New Jersey plaintiff or New Jersey defendant’s New Jersey motion. The New Jersey notice of motion for summary judgment instructs the New Jersey Law Division hearing the New Jersey motion and all New Jersey plaintiffs and New Jersey defendants involved in the New Jersey case who filed New Jersey motion papers with the New Jersey Law Division of crucial information regarding the New Jersey motion.

WHAT INFORMATION GOES INTO A NEW JERSEY NOTICE OF MOTION FOR SUMMARY JUDGMENT?
The New Jersey notice of motion for summary judgment should include the following information:
• The date that the New Jersey motion shall be heard by the New Jersey Law Division
• The place it shall be heard
• the grounds on which it is made
• the type of relief sought (summary judgment)
• the discovery end date or if none was assigned, a statement that no such date was assigned
• if the New Jersey Law Division scheduled a trial or arbitration date, the scheduled date
• if the moving New Jersey plaintiff or New Jersey defendant seeks oral argument on the New Jersey motion

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

In New Jersey motions for summary judgment, the proof of service most often takes the form of an affidavit or certification that states that New Jersey plaintiff or New Jersey defendant submitting New Jersey motion papers to the New Jersey Law Division for filing served those New Jersey motion papers on all New Jersey plaintiffs and New Jersey defendants involved in the New Jersey case that ever filed New Jersey motion papers with the New Jersey Law Division (New Jersey plaintiffs and New Jersey defendants that entered their “appearance” such as by filing a complaint or answer or New Jersey motion in the New Jersey case). The proof of service should include the names and addresses of all those New Jersey plaintiffs and New Jersey defendants – their attorneys names and addresses only, if they are represented and for the self represented New Jersey plaintiffs and New Jersey defendants, their names and addresses.

HOW DO I SERVE A NEW JERSEY SUMMARY JUDGMENT MOTION AND NEW JERSEY SUMMARY JUDGMENT ANSWERS ON OTHER NEW JERSEY PLAINTIFFS AND NEW JERSEY DEFENDANTS IN THE NEW JERSEY LAW DIVISION?
Service of New Jersey motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se New Jersey plaintiff or New Jersey defendant. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon an attorney of summary judgment motion or New Jersey summary judgment answers is made by mailing a copy to the New Jersey attorney at his or her office by ordinary mail, by handing it to the New Jersey attorney or by leaving it at the office with a person in the New Jersey attorney's employ or if the office is closed or the New Jersey attorney has no office, in the same manner as service is made upon a New Jersey plaintiff or New Jersey defendant pursuant to the New Jersey New Jersey Court Rules. If New Jersey plaintiff or New Jersey defendant to be served is not represented by an attorney, service of summary judgment motion or New Jersey summary judgment answers upon that New Jersey plaintiff or New Jersey defendant 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 New Jersey plaintiff or New Jersey defendant's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Law Division. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a New Jersey plaintiff or New Jersey defendant's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by New Jersey Court Rule 1:5-3 asserts that New Jersey plaintiff or New Jersey defendant making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

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

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

Certifications are written statements made instead of affidavits, oaths or verifications required by the New Jersey New Jersey Court Rules which state the same information required for affidavits plus the following language before the signature of the individuals making the New Jersey 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 motion for summary judgment is based on facts not appearing in the New Jersey Law Division’s records or not judicially noticeable, the New Jersey Law Division may hear the New Jersey motion for summary judgment if it is supported by affidavits or certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the New Jersey affiant is competent to testify. If the New Jersey affidavit or certification refers to documents, true and correct copies of the documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey affidavit or certification. Once a New Jersey plaintiff or New Jersey defendant submits affidavits or certifications, the New Jersey Law Division may direct the New Jersey affiant to submit to cross-examination or may hear the New Jersey motion for summary judgment wholly or partly on oral testimony or depositions. Since the rules require that affidavits and certifications be made from personal knowledge, affidavits and certifications submitted in support of New Jersey motions for summary judgment should not include facts based merely on "information and belief" or legal arguments.
When a New Jersey motion for summary judgment is made and supported as provided in this rule, an adverse New Jersey plaintiff or New Jersey defendant may not rest upon the mere allegations or denials of the pleading, but must respond by proper affidavits or certifications. If the adverse New Jersey plaintiff or New Jersey defendant does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the New Jersey affidavits or certifications submitted to the New Jersey Law Division and for reasons stated in those affidavits or certifications, that New Jersey plaintiff or New Jersey defendant was unable to present by affidavit or certification facts essential to justify opposition, in which case the New Jersey Law Division may deny the New Jersey motion, may order a continuance to permit additional affidavits or certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

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

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

WHAT IS A NEW JERSEY SUMMARY JUDGMENT STATEMENT OF UNCONTESTED MATERIAL FACTS?
The New Jersey statement of material facts states in separately numbered paragraphs each material fact that the moving New Jersey plaintiff or New Jersey defendant claims there is no genuine issue together with a citation to the portion of the New Jersey motion record establishing the fact or demonstrating that it is uncontroverted. Each citation must identify the document and specify the pages and paragraphs or lines thereof or the specific portions of the exhibits relied on.

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

• the caption of the New Jersey case
• signature line for the New Jersey judge hearing the New Jersey motion
• Spaces for the New Jersey Law Division to indicate whether the New Jersey motion was opposed or unopposed.
• If the New Jersey motion or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by affidavit or certification made in compliance with the New Jersey New Jersey Court Rules
• a designation of the subject of the judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• the appearances of counsel and New Jersey plaintiffs and New Jersey defendants appearing pro se
• a separate numbered paragraph for each separate substantive provision of the judgment or order
• the effective date of the judgment or order or of each provision if the effective date of any provision is different from the date of entry
• If the New Jersey Law Division has made findings of fact and conclusions of law explaining its disposition of the New Jersey motion, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered. However, if the New Jersey motion was argued and the New Jersey Law Division intends to place its findings on the record at a later date, it shall give all New Jersey plaintiffs and New Jersey defendants one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the New Jersey Law Division shall append to the order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the New Jersey Law Division memorializing the disposition made on a telephone New Jersey motion.
IF I FACE A NEW JERSEY MOTION FOR SUMMARY JUDGMENT IN THE NEW JERSEY LAW DIVISION, WHAT SHOULD I DO TO OPPOSE THE NEW JERSEY MOTION FOR SUMMARY JUDGMENT?
A New Jersey motion for summary judgment shall be deemed uncontested and there shall be no right to argue orally in opposition unless responsive New Jersey motion papers are timely filed and served stating with particularity the basis of the opposition to the relief sought. If you wish to oppose a New Jersey summary judgment motion, do not sit and wait for the New Jersey motion to be decided! Instead, before the deadline expires for filing New Jersey summary judgment answers file the appropriate New Jersey motion papers with the appropriate court, find out who the New Jersey judge is that shall be hearing the New Jersey motion and forward that New Jersey judge a complete copy of those New Jersey motion papers. If you want to argue the New Jersey motion orally, your New Jersey summary judgment answers must include a request for oral argument. At the same time, you should serve a complete copy of your New Jersey summary judgment answers on all New Jersey plaintiffs and New Jersey defendants who ever entered an appearance in the New Jersey case, such as by filing a complaint or answer or New Jersey motion in the New Jersey case. Unless the New Jersey Law Division otherwise orders, opposing affidavits, certifications, briefs and cross-New Jersey motions for summary judgment, if any, must be served and filed not later than 10 days before the New Jersey motion for summary judgment hearing date. The following are the documents you should timely file with the New Jersey Law Division, forward to the New Jersey judge hearing the New Jersey motion and serve on the appropriate New Jersey plaintiffs and New Jersey defendants:
• Proof of mailing of the entire New Jersey motion package to all other New Jersey plaintiffs and New Jersey defendants
• A response to the moving New Jersey plaintiff or New Jersey defendant’s statement of uncontested material facts (assuming the moving New Jersey plaintiff or New Jersey defendant filed such a statement)
When opposing a New Jersey summary judgment motion, it is important to file a responding statement either admitting or disputing each of the facts in the New Jersey plaintiff making the New Jersey summary judgment motion or New Jersey defendant making the New Jersey summary judgment motion's statement of uncontested material facts. All material facts in the New Jersey plaintiff making the New Jersey summary judgment motion or New Jersey defendant making the New Jersey summary judgment motion's statement of uncontested material facts that are sufficiently supported by the New Jersey Law Division’s record will be deemed admitted for purposes of the New Jersey motion only, unless the opposing New Jersey plaintiff or New Jersey defendant specifically disputes that statement by a responsive statement conforming to the requirements of the New Jersey New Jersey Court Rules (facts responding to each of movant’s facts with the responding facts stated in separately numbered paragraphs together with citations to the New Jersey motion record supporting the opposing New Jersey plaintiff or New Jersey defendant’s facts). Also, if the moving New Jersey plaintiff or New Jersey defendant submits certifications or affidavits in support of the New Jersey motion for summary judgment, the responding New Jersey plaintiff or New Jersey defendant should seriously consider submitting its own certifications or affidavits. For, when a New Jersey motion for summary judgment is made and properly supported, the opposing New Jersey plaintiff or New Jersey defendant may not rest upon the mere allegations or denials of the pleading, but must respond by proper affidavits or certifications.

Other items that are not necessary in every case but which are often helpful to include with the New Jersey summary judgment answers are:
• One extra copy of all your New Jersey summary judgment answers to be stamped by the New Jersey Law Division with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the New Jersey Law Division Clerk’s Office to return a filed copy of your New Jersey motion papers to you for your records.
• a letter to the appropriate branch of the New Jersey Law Division Clerk’s Office forwarding your New Jersey summary judgment answers and listing each paper submitted to the New Jersey Law Division and asking the New Jersey Law Division to return a filed copy of your New Jersey motion papers to you for your records.
• A brief that states the legal reasons for the New Jersey Law Division to deny the New Jersey motion for summary judgment and that refers to any cases, New Jersey Court Rules, laws or regulations that support your opposition.
• Certifications or affidavits stating the facts supporting your defenses to the New Jersey motion and introducing into evidence any exhibits that you seek to use to support such defenses.
• Exhibits specifically identified in and attached to the New Jersey certifications or affidavits you submit that support your factual claims about why the New Jersey Law Division should deny the New Jersey motion for summary judgment.
• A statement of additional uncontested material facts that support your opposition to the New Jersey motion for summary judgment.


WHAT IF I AM OPPOSING A NEW JERSEY MOTION FOR SUMMARY JUDGMENT AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY MOTION FOR SUMMARY JUDGMENT?
You must file a New Jersey cross motion seeking the relief you want from the New Jersey Law Division. To file a New Jersey cross motion, you must generally follow the steps discussed above for filing New Jersey motions. However, the New Jersey cross motion should be scheduled to be heard on the same date as the original New Jersey motion for summary judgment that you are opposing.

IF I FILED A NEW JERSEY MOTION FOR SUMMARY JUDGMENT AND MY OPPONENT FILED OPPOSITION, DO I HAVE AN OPPORTUNITY TO RESPOND TO THE OPPOSING NEW JERSEY MOTION PAPERS IN WRITING?
A New Jersey plaintiff or New Jersey defendant moving for summary judgment (not cross movants) may file and serve responses to such opposing New Jersey motion papers or to cross-New Jersey motions not later than 4 days before the New Jersey motion for summary judgment hearing date. All such New Jersey motion papers should be forwarded to the New Jersey judge assigned to hear the New Jersey motion for summary judgment and served on all New Jersey plaintiffs and New Jersey defendants who appeared in the New Jersey case. However, no other responsive New Jersey motion papers pertaining to the summary judgment New Jersey summary judgment answers may be filed or served without the New Jersey Law Division’s permission.

WHAT IF I FILE A PROPERLY SUPPORTED NEW JERSEY MOTION FOR SUMMARY JUDGMENT AND THE OTHER NEW JERSEY PLAINTIFF OR NEW JERSEY DEFENDANT DOESN’T FILE A PROPERLY SUPPORTED NEW JERSEY SUMMARY JUDGMENT ANSWER OR NEW JERSEY SUMMARY JUDGMENT RESPONSE?
If a New Jersey motion for summary judgment is properly supported, the burden rests on the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion to show why the New Jersey motion should not be granted. 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 moving New Jersey plaintiff or New Jersey defendant, the New Jersey Law Division should grant the New Jersey motion for summary judgment. The New Jersey Law Division should not ignore the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion’s burden to come forward with evidence showing more than mere doubt that the crucial facts of the New Jersey case support the granting of the New Jersey motion for summary judgment. Even if the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion merely presents legal arguments to deny a New Jersey summary judgment motion, those arguments, if unsupported by proof of material facts, should fail to save the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion from having the New Jersey motion for summary judgment decided against the New Jersey plaintiff or New Jersey defendant answering the New Jersey summary judgment motion. For example, if a respondent offers no affidavits, certifications or other proofs in opposition to the New Jersey motion for summary judgment, the New Jersey Law Division may accept as true the evidence submitted by the moving New Jersey plaintiff or New Jersey defendant. However, even where the nonmoving New Jersey plaintiff or New Jersey defendant fails to follow the New Jersey New Jersey Court Rules, New Jersey Superior Courts sometimes decide to deny a New Jersey New Jersey motions for summary judgment. In fact, it is not unusual for New Jersey Superior Courts to refuse to apply certain New Jersey New Jersey Court Rules to one New Jersey plaintiff or New Jersey defendant but to apply them to another New Jersey plaintiff or New Jersey defendant.

WHAT HAPPENS IF I MAKE A NEW JERSEY MOTION FOR SUMMARY JUDGMENT AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE NEW JERSEY MOTION OR BEFORE ITS HEARING DATE NEW JERSEY PLAINTIFFS AND NEW JERSEY DEFENDANTS SETTLE THE NEW JERSEY CASE?
Moving New Jersey plaintiffs and New Jersey defendants are permitted to withdraw their New Jersey motions for summary judgment from the New Jersey Law Division before the New Jersey motion is heard. If the moving New Jersey plaintiff or New Jersey defendant decides to withdraw its New Jersey motion for summary judgment or they settle their case, the moving New Jersey plaintiff or New Jersey defendant must immediately inform the New Jersey Law Division. This is best done by calling the New Jersey judge’s chambers for the New Jersey judge hearing the New Jersey motion and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the New Jersey Law Division to fax it to the New Jersey Law Division and to also forward it by certified mail, RRR, keeping a copy for your records).

WHAT HAPPENS IF THE NEW JERSEY LAW DIVISION GRANTS MY NEW JERSEY MOTION FOR SUMMARY JUDGMENT?
Within 7 days after the date it was signed, New Jersey plaintiff or New Jersey defendant obtaining a New Jersey order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey New Jersey Court Rules.

WHAT HAPPENS IF I LOSE A NEW JERSEY SUMMARY JUDGMENT MOTION?
If you are a plaintiff and you lose a New Jersey summary judgment 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 defendant who you believe owes you money. If you are a defendant and you lose a New Jersey summary judgment motion made by a plaintiff, it could mean the entry of a money judgment against you and the beginning of the plaintiff’s efforts to collect the 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 Law Division’s decision about a New Jersey summary judgment motion, you may file New Jersey motion papers for the New Jersey Law Division to reconsider its decision – called a New Jersey motion for reconsideration. In some cases, the New Jersey motion for reconsideration must be made in 20 days from the date of the New Jersey Law Division’s order deciding the New Jersey motion for summary judgment. You may appeal the New Jersey case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing New Jersey appeals. To appeal a New Jersey final judgment that resolves all issues in the New Jersey 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 Superior Court Law Division and Special Civil Part New Jersey appeals are not heard by the Law Division or the Special Civil Part and you should not try to file New Jersey appeal 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. New Jersey appeals are some of the most complex proceedings in the New Jersey Courts. The New Jersey Law Division normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the New Jersey attorney perform the steps necessary to take an appeal. New Jersey appeals from orders or judgments that are not New Jersey final are called “interlocutory New Jersey appeals” and the procedure for such New Jersey appeals is somewhat different than those for New Jersey appeals from New Jersey final judgments or New Jersey final orders.

CAN I HANDLE A NEW JERSEY SUMMARY JUDGMENT MOTION MYSELF?
New Jersey motions for summary judgment are some of the most complex proceedings in the New Jersey Courts. Some people can and do successfully handle New Jersey motions for summary judgment themselves, from filing the first paperwork to the New Jersey Law Division’s New Jersey final decision on the appeal. If you lose a New Jersey motion for summary judgment it could have very serious consequences for you! Even attorneys frequently fail to file the proper paperwork when making or opposing New Jersey motions for summary judgment. It is very risky to attempt to handle such complex proceedings without professional legal help provided by an attorney licensed by the State of New Jersey. The New Jersey Law Division normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the New Jersey attorney perform the steps necessary to take an appeal. New Jersey motions for summary judgment require those involved in the appeal (or their attorneys, if they are represented) to file strict deadlines and rules and failure to do so could result in fines or having the appeal dismissed temporarily or forever. The following are additional reasons to use an attorney to handle part or all of your case:
• court fees often change
• New Jersey Court Rules often change
• court employees cannot give you “free” legal advice and a New Jersey 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
• court forms available on websites may not cover every situation you may face in court
• each 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 motion or New Jersey summary judgment answers that result in the New Jersey motion papers being rejected by the New Jersey Law Division because of procedural deficiencies
• it is not uncommon for New Jersey judges to get very frustrated by an unrepresented New Jersey plaintiff or New Jersey defendant’s lack of preparation or ignorance of the facts or law of the New Jersey case or of the New Jersey New Jersey Court Rules.
• a court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants or New Jersey plaintiffs and New Jersey defendants who make mistakes, such as by throwing their case out of court, fining them or limiting what they can present at the New Jersey trial.
• New Jersey has many published cases, laws, regulations, New Jersey 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 to make or oppose a New Jersey summary judgment motion.
• it is very common for courts to refuse to allow a New Jersey plaintiff or New Jersey defendant to use or refer to documents or items on a New Jersey summary judgment motion unless those documents are properly authenticated. Often New Jersey plaintiffs and New Jersey defendants throw together paperwork that fails to comply with the New Jersey New Jersey Court Rules and that the New Jersey Law Division hearing the New Jersey motion for summary judgment refuses to give serious consideration because of the paperwork’s deficiencies.
• without the proper preparation, items and documents may never be considered by the New Jersey Law Division. Also, if there are any legal issues to be dealt with on a New Jersey summary judgment motion, you must be prepared to argue them, which may require you to refer to the New Jersey New Jersey Court Rules, evidence rules, laws, regulations or published cases.
• you cannot show up at court expecting the New Jersey judge hearing your case to explain New Jersey Court Rules, evidence rules, court procedure or the details of the law that applies to your case. The New Jersey judge hearing your case is not permitted to give you legal advice.
• Losing a New Jersey summary judgment motion could mean the end of your case or defenses to a lawsuit and could mean the entry of a money judgment against you!

It is important to remember that even if you have an attorney, you could lose your case. Hiring an attorney to handle part or all of your case does not guarantee your success. However, it may provide the assistance you need to win a New Jersey summary judgment motion.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY MOTIONS FOR SUMMARY JUDGMENT?
Yes. Paul DePetris has performed the following tasks:
• Prepared dozens of New Jersey notice of motion for summary judgments for New Jersey motions for summary judgment and oppositions to New Jersey motions for summary judgment.
• Prepared dozens of certifications for New Jersey motions for summary judgment and oppositions to New Jersey motions for summary judgment.
• Prepared dozens of statements of uncontested material facts for New Jersey motions for summary judgment and oppositions to New Jersey motions for summary judgment.
• Prepared dozens of briefs for New Jersey motions for summary judgment and oppositions to New Jersey motions for summary judgment.
• Argued dozens of New Jersey motions for summary judgment in the New Jersey Law Division and Special Civil Part
• Prepared appellate briefs dealing with New Jersey motions for summary judgment.
• Prepared appellate briefs that overturned the incorrect decision of trial New Jersey judges.
• Assisted other attorneys with the handling of New Jersey motions for summary judgment and New Jersey appeals involving New Jersey motions for summary judgment.

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

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

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

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

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

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

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

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

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

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