Law Office Of Paul DePetris
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Union Special Civil Court Information

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UNION COUNTY SPECIAL CIVIL PART TRIAL INFORMATION

WHAT IS THE UNION COUNTY SPECIAL CIVIL PART?
The Union County Special Civil Part is a subpart of the Superior Court of New Jersey, Law Division. In the Union County Special Civil Part, disputes involving a limited amount of money -- $15,000 or less – may be heard. This article does not attempt to discuss all of the details of cases heard in the small claims section or landlord tenant part of the Union County Special Civil Part. This article does not attempt to discuss small claims disputes or landlord tenant cases.

Union County Special Civil Part Information
Union County Courthouse
2 Broad St., 3rd Floor
Elizabeth, NJ 07207
908-659-4900

Union County Special Civil Part Courthouse
From NJ Turnpike
• Get off at Exit 13. Follow signs to NJ 439 (Bayway Avenue).
• Come off ramp, stay on Bayway Avenue.
• At the fourth light, turn right onto South Broad Street. Follow South Broad Street one mile.
• The Courthouse will be on your left. From Garden State Parkway
• Get off at Exit 140. Follow signs saying Elizabeth - NJ 82 East, (NJ 82 is also known as Morris Avenue.
• Turn right onto Morris Avenue.
• Follow Morris Avenue to the end in Elizabeth - approximately 3 miles to the end, turn left - then right under the railroad overpass onto Broad Street.
• Follow Broad Street for approximately ½ mile.
• At the fourth traffic signal the Courthouse will be on your right. From Rt. 78 West
• Take Rt 78 East to the Union-Springfield exit. Turn left onto Morris Avenue (NJ 82).
• Follow the signs - approximately 6 miles. Stay on Morris Avenue to the end at the Railroad overpass in Elizabeth.
• Turn left, then right onto Broad Street.
• Follow Broad Street for ½ mile to the fourth traffic signal.
U.S. 1 & 9 from the North
• Take U.S. 1 & 9 South past Newark International Airport into Elizabeth.
• Follow U.S. 1 & 9 for approximately 2 miles.
• After going under the railroad overpass, keep right for approximately ½ mile.
• Take the exit ramp immediately before crossing the Elizabeth River Bridge (viaduct).
• At the stop sign, turn right onto Elizabeth Avenue. From the turn onto Elizabeth Avenue, it is approximately 3/8 mile to the Courthouse.

U.S. 1 & 9 from the South
• Follow U.S. 1 & 9 North through Linden past the I-278 turnoff. Stay on U.S. 1 & 9 for 1 ½ miles past I-278.
• Keep right. Follow the ramp off the highway to Pearl Street.
• Turn left onto Pearl Street. Follow Pearl Street approximately 3/4 of a mile to South Broad Street. Turn right onto South Broad Street.
• Follow South Broad Street one block North, approximately 1/4 of a mile.
U.S. 22 from the West
• Follow U.S. 22 into Union Township past the center islands that is between the eastbound and westbound roadways.
• Follow U.S. 22 for about one more mile.
• Turn right onto (NJ 82) Morris Avenue to Elizabeth. Follow Morris Avenue to the dead end at the railroad overpass in Elizabeth - approximately 3 miles.
• Turn left then right onto Broad Street. Follow Broad Street to the fourth traffic signal - approximately ½ mile.



WHAT ARE THE HOURS OF THE UNION COUNTY SPECIAL CIVIL PART?
The Union County Superior Court is normally open Monday through Friday from 8:30 a.m. to 4:30 p.m.

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

WHAT MATTERS ARE HEARD IN UNION COUNTY SPECIAL CIVIL COURT?
The Union County Special Civil Court hears the following types of New Jersey cases:
• (1) Civil actions (exclusive of professional malpractice, probate, and matters cognizable in the Family Division or Tax Court) seeking legal relief when the amount in controversy does not exceed $15,000;
• (2) Small claims actions, which are defined as all actions in contract and tort (exclusive of professional malpractice, probate, and matters cognizable in the Family Division or Tax Court) and actions between a landlord and tenant for rent, or money damages, when the amount in dispute, including any applicable penalties, does not exceed, exclusive of costs, the sum of $3,000. Small claims also include actions for the return of all or part of a security deposit when the amount in dispute, including any applicable penalties, does not exceed, exclusive of costs, the sum of $5,000. The Small Claims Section may provide such ancillary equitable relief as may be necessary to effect a complete remedy. Actions in lieu of prerogative writs and actions in which the primary relief sought is equitable in nature are excluded from the Small Claims Section;
• (3) Summary landlord/tenant actions;
• (4) Summary actions for the possession of real property pursuant to N.J.S.A. 2A:35-1 et seq., where the defendant has no colorable claim of title or possession, or pursuant to N.J.S.A. 2A:39-1 et seq.;
• (5) Summary proceedings for the collection of statutory penalties not exceeding $15,000 per complaint;
• (6) Municipal court actions, pursuant to R. 7:1, in the counties of Union, Union and Warren.
 (b) Distinct Negligence Claims. An action for damages resulting from negligence composed of several distinct claims may be brought in the Union County Special Civil Part if the amount recoverable on each claim is within the monetary limit even though the amount recoverable on all claims exceeds that limit.
 (c) Waiver of Excess. Where the amount recoverable on a claim exceeds the monetary limit of the Union County Special Civil Part or the Small Claims Section, the party asserting the claim shall not recover a sum exceeding the limit plus costs and on the entry of judgment shall be deemed to have waived the excess over the applicable limit.

WHAT IS THE UNION COUNTY SMALL CLAIMS COURT?
The Union County Small Claims Section is a subpart of the Union County Special Civil Part court. Union County Small Claims cases are handled by the Superior Court of New Jersey, Law Division, Union County Special Civil Part, Small Claims Section. A Union County Small Claims case is a civil case in which the money sought to be recovered does not exceed $3,000 (or $5,000 if the case involves the return of a rental security deposit). Lawsuits for higher amounts of money must be filed with other New Jersey courts. In cases for damages up to $15,000, the claimant should file in the regular Union County Special Civil Part and in Cases involving damages greater than $15,000, the claimant should file in the Superior Court of New Jersey, Law Division, Civil Part. There are also exceptions to these rules – not all types of cases are able to be filed in the Union County Small Claims Court. For example, if you have a claim involving a family law situation, you may have to file in the Superior Court of New Jersey, Chancery Division, Family Part. Also, if you are a landlord who seeks to evict a tenant for nonpayment of rent, you may have to file your claim in the Superior Court of New Jersey, Law Division, Union County Special Civil Part, Landlord Tenant Section. If you file your lawsuit in the Union County Small Claims Court, you shall very likely be prevented from recovering more money than $3,000 (or $5,000 if the case involves the return of a rental security deposit). Because the procedures for handling cases in the Union County Small Claims Court are relatively easier than in courts deciding cases involving larger sums of money, most lawsuits filed in the Union County Small Claims Court move more rapidly through the New Jersey court system than lawsuits filed for larger sums of money.

WHAT IS THE “REGULAR” UNION COUNTY SPECIAL CIVIL COURT?
Union County Special Civil Part cases that are not landlord tenant or Small Claims cases are typically Union County Special Civil cases that are assigned a New Jersey “DC” case docket number. You can file a Union County Special Civil case as a Union County Special Civil case that is assigned a “DC” docket and not a Union County Small Claims case that is assigned an “SC” docket even if you are asking for an amount of money less than $3,000.00 – the limit for most Union County Small Claims cases (or $5,000 if the case involves the return of a rental security deposit). The regular Union County Special Civil court has some different procedures and forms from Union County Small Claims Court and higher filing fees.

HOW DO I KNOW IF MY UNION COUNTY SPECIAL CIVIL CASE IS A UNION COUNTY SMALL CLAIMS CASE OR A REGULAR UNION COUNTY SPECIAL CIVIL CASE?
The Union County Special Civil Part hears both Union County Small Claims cases and “regular” Union County Special Civil cases. Union County Small Claims cases are identified by the number that the Union County Small Claims Court assigns to the Union County Small Claims case – a number beginning in “SC”. “SC” stands for Union County Small Claims Court. Union County Special Civil cases are identified by the number that the Union County Special Civil Court assigns to the Union County Special Civil case – a number beginning in “DC”. “DC” stands for “New Jersey District Court” – the old name for Union County Special Civil Court.

WHAT RULES APPLY TO THE UNION COUNTY SMALL CLAIMS COURT?
The general rules of practice and procedure in the Union County Special Civil Part, including the provisions of R. 1:40-6, shall apply to the Union County Small Claims Section except that any authorized officer or employee may prosecute and defend on behalf of a party which is a business entity, whether formally incorporated or not, claims originating with and not held by transfer or assignment to that business entity, provided that such officer or employee is neither a suspended or disbarred attorney nor one who has resigned. This exception shall apply to every action cognizable in the Union County Small Claims Section whether or not the New Jersey complaint has been filed in the Union County Small Claims Court. Notice in the Union County Small Claims Section shall be by summons as provided by R. 6:2-1, and actions in Union County Small Claims Court shall be disposed of on the return day unless adjourned by the Union County Small Claims Court. Upon the filing of a Union County Small Claims counterclaim for a sum in excess of the monetary limit of the Union County Small Claims Section, the action shall be transferred to the Union County Special Civil Part proper upon payment by the Union County Small Claims defendant of the required fees.

IF I HAVE A UNION COUNTY SPECIAL CIVIL PART TRIAL DATE IN THE UNION COUNTY SPECIAL CIVIL PART CASE, WHAT CAN I EXPECT?
On the day that your Union County Special Civil Part case is scheduled for a Union County Special Civil Part trial, whether you are a Union Special Civil plaintiff or a Union Special Civil defendant, you must appear at Union County Special Civil Part court in the proper courtroom. Usually, many cases are heard on the day that your Union County Special Civil Part case is called for trial by the Union County Special Civil Part and it is not uncommon for many people to wait in a single courtroom for their Union County Special Civil Part case to be called. You must be on time to avoid losing your Union County Special Civil Part case! It is best to arrive early to Union County Special Civil Part court, since it is not unusual for the Union County Special Civil Part courtroom’s seats to fill up quickly!

CAN I JUST SHOW UP TO A UNION SPECIAL CIVIL PART TRIAL WITH DOCUMENTS AND EXPECT TO WIN MY UNION SPECIAL CIVIL PART CASE?
Many people think they just file a complaint or answer and then show up in Union Special Civil Part court with papers and tell their story. This is not always how Union Special Civil Part trials work! Never assume you can just show up to Union Special Civil Court with documents and use them to support your Union Special Civil Part Trial of your Union Special Civil Part case or even refer to them at your Union Special Civil Part Trial. While it is true that you must bring all documents, photographs, videos and other items with you to your Union Special Civil Part Trial that are necessary to prove your Union Special Civil Part case (preferably originals), even if you bring such documents and items to Union Special Civil Court, your Union Special Civil Part may refuse to allow you to use them at your Union Special Civil Part Trial. New Jersey has published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at your Union Special Civil Part Trial. Accordingly, before trial, you must consult all of the New Jersey Court Rules to determine how you intend to get your documents and items into evidence or how to properly use them at your Union Special Civil Part Trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial. For example, it is very common for courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared. Often parties stumble into Union Special Civil 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 Union Special Civil judge tell the Union Special Civil plaintiff or Union Special Civil defendant that it is not going to even consider such items or documents. Without the proper preparation, items and documents may never be considered by your Union Special Civil Part court. Written requests for information served and answered in advance of a Union Special Civil Part trial are often useful tools to get the information needed before a Union Special Civil Part trial to prove a case or a defense.

HOW DOES THE UNION COUNTY SPECIAL CIVIL PART COURT INFORM THE UNION SPECIAL CIVIL PLAINTIFF OR UNION SPECIAL CIVIL DEFENDANT ABOUT A UNION COUNTY SPECIAL CIVIL PART TRIAL DATE IN A UNION COUNTY SPECIAL CIVIL PART CASE?
In most cases, the Union County Special Civil Part informs the Union Special Civil plaintiff or Union Special Civil defendant or their attorneys of a Union County Special Civil Part trial date at least 30 days before trial. However, if the Union County Special Civil Part court has good cause, it may provide a longer or shorter notice of the Union County Special Civil Part trial. Usually, the Union County Special Civil Part court sends a notice card to the Union Special Civil plaintiff or Union Special Civil defendant advising them of trial. However, it is not uncommon for the notices to be sent long after the date that they are prepared, resulting in the Union Special Civil plaintiff or Union Special Civil defendant receiving far less than 30 days’ notice of the Union County Special Civil Part trial.

AM I GUARANTED TO HAVE MY TRIAL IN A UNION COUNTY SPECIAL CIVIL PART CASE ON THE DATE ORIGINALLY SCHEDULED?
Union County Special Civil Part trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. Also, it is very common for Union County Special Civil Part trials to get adjourned because someone is not ready to present their Union County Special Civil Part case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your Union County Special Civil Part case on the date that the Union County Special Civil Part trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their Union County Special Civil Part case or defense on the Union County Special Civil Part trial date). It is not unusual for a Union Special Civil judge hearing trials in the Union County Special Civil Part to decide to tell a Union Special Civil plaintiff and Union Special Civil defendant in a case to return to the Union County Special Civil Part court on another day to have their trial because the Union Special Civil judge does not have time to handle the Union County Special Civil Part trial on the date originally scheduled. Sometimes, a party will ask the Union County Special Civil Part court for an adjournment and the Union County Special Civil Part court grants that adjournment but in violation of the court rules, the Union County Special Civil plaintiff or Union County Special Civil defendant that did not request the adjournment is not told that the Union County Special Civil Part trial is adjourned! To avoid unnecessary trips to the Union County Special Civil Part court, it is best to call one or two days before trial to make certain that the Union County Special Civil Part trial has not been rescheduled without your knowledge.

WHAT IF I CAN’T SHOW UP ON THE DATE OF TRIAL FOR SOME REASON – CAN I GET THE UNION COUNTY SPECIAL CIVIL PART TRIAL RESCHEDULED IN MY UNION COUNTY SPECIAL CIVIL PART CASE?
All requests for Union County Special Civil Part trial adjournments must be made to the Union County Special Civil Part court as soon as the need for the adjournment is known, but absent good cause for the delay, the request must be made not less than 5 days before the Union County Special Civil Part trial. Before you make an adjournment request, notify all of Union Special Civil plaintiff opponent or Union Special Civil defendant opponents that the request is going to be made and then notify the Union County Special Civil Part court clerk of the opponent’s response. The Union County Special Civil Part court shall then decide the issue and if the Union County Special Civil Part court grants the request, shall assign a new date. The requesting party must notify all their opponents of the Union County Special Civil Part court's response. It is highly recommended to make all these requests in writing, such as with a letter and to keep a copy for your records (and to allow the request to be properly processed you should submit the request to the Union County Special Civil Part preferably at least 10 days before the Union County Special Civil Part trial date). That way, if the Union County Special Civil Part court improperly denies the adjournment request (not uncommon) you shall have proof to use to have a higher authority decide the issue.

Often, the Union County Special Civil Part court schedules the Union County Special Civil Part trial of a case before parties have enough time to gather the information they need to prove their Union County Special Civil Part case. This period of factfinding before trial is called “discovery”. If a party needs additional time to complete discovery and the discovery period has not expired, the Union County Special Civil Part court is normally required to adjourn the Union County Special Civil Part trial. If you qualify for such an adjournment, you do not need Union Special Civil plaintiff opponent or Union Special Civil defendant opponent’s agreement to the adjournment but it is best to first ask Union Special Civil plaintiff opponent or Union Special Civil defendant opponent for their agreement. If they refuse or do not respond in a timely manner, send a letter to the Union County Special Civil Part court (preferably at least 10 days before the Union County Special Civil Part trial date) explaining the situation and asking for a new date for your Union County Special Civil Part trial.

If you are making a request to adjourn a Union County Special Civil Part trial and you know in advance of making your request that you have any vacation plans or would otherwise be unable to appear at a new trial date for a good reason, let the Union County Special Civil Part court know the dates you are unavailable. If you wait too close to your Union County Special Civil Part trial date before forwarding an adjournment request, the request shall very likely be denied.

Before a Union County Special Civil Part trial is heard, it is the Union County Special Civil Part court clerk’s office of the Union County Special Civil Part court that decides adjournment requests. If you believe that the Union County Special Civil Part court clerk improperly decided your request to adjourn the Union County Special Civil Part trial, you may want to file a motion with the Union County Special Civil Part court for it to grant the adjournment. While it is likely that the Union County Special Civil Part clerk processing the motion shall be confused by the filing of such a motion (they may call and complain to you about your filing such a motion), if the matter is brought to the attention of a Union Special Civil judge sitting in the Union County Special Civil Part court, they may grant your request.

WHAT HAPPENS IF THE UNION SPECIAL CIVIL PLAINTIFF FAILS TO SHOW UP ON THE UNION COUNTY SPECIAL CIVIL PART TRIAL DATE IN A UNION COUNTY SPECIAL CIVIL PART CASE?
If a Union Special Civil plaintiff fails to appear when their Union County Special Civil Part case is called for trial, the Union County Special Civil Part is likely to dismiss the Union County Special Civil Part complaint. If this happens and the Union Special Civil plaintiff has a good reason for failing to appear at the Union County Special Civil Part trial, the Union Special Civil plaintiff could file a motion with the Union County Special Civil Part requesting that the Union County Special Civil Part case be reinstated and the Union County Special Civil Part trial rescheduled.

WHAT HAPPENS IF THE UNION SPECIAL CIVIL DEFENDANT FAILS TO SHOW UP ON THE UNION COUNTY SPECIAL CIVIL PART TRIAL DATE IN A UNION COUNTY SPECIAL CIVIL PART CASE?
If a Union Special Civil defendant fails to appear when the Union County Special Civil Part case is called for trial, the Union County Special Civil Part shall likely enter a Union Special Civil default against the Union Special Civil defendant. If you are a Union Special Civil plaintiff and you receive a Union Special Civil default in your Union County Special Civil Part case, you shall have to prepare and file paperwork with the Union County Special Civil Part court asking the Union County Special Civil Part court to enter a Union Special Civil default judgment in your favor. If this happens and the Union Special Civil defendant has a good reason for failing to appear at the Union County Special Civil Part trial, the Union Special Civil defendant could file a motion with the Union County Special Civil Part requesting that the default judgment be removed (vacated), that the Union County Special Civil Part case be reinstated and the Union County Special Civil Part trial rescheduled.

WHAT IF UNION SPECIAL CIVIL PLAINTIFF AND UNION SPECIAL CIVIL DEFENDANT (OR THEIR ATTORNEYS) SHOW UP AT THE UNION COUNTY SPECIAL CIVIL PART TRIAL IN A UNION COUNTY SPECIAL CIVIL PART CASE?
If no dismissal or default is entered in your Union County Special Civil Part case, you must be prepared to present your Union County Special Civil Part case or defense. It is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the Union County Special Civil Part case. A court has the power to punish unprepared parties, such as by throwing their Union County Special Civil Part case out of court or limiting what they can present at the Union County Special Civil Part trial. You must bring all documents, photographs, videos and other items with you to the Union County Special Civil Part trial that are necessary to prove your Union County Special Civil Part case (preferably originals). Even if you bring such documents and items to Union Special Civil Court, the Union County Special Civil Part may refuse to allow you to use them at your trial. Union County has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at the Union County Special Civil Part trial. Accordingly, before trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at the Union County Special Civil Part trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before your Union County Special Civil Part trial. For example, it is very common for Union County Special Civil Part courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared. Often parties stumble into Union County Special Civil Part 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 Union Special Civil judge tell the Union Special Civil plaintiff or Union Special Civil defendant 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 Union County Special Civil Part. Also, if there are any legal issues to be dealt with at your Union County Special Civil Part trial, you must be prepared to argue them, which may require you to refer to Union Special Civil Court rules, evidence rules, laws, regulations or published cases. While there are exceptions, evidence is most frequently admitted to the Union County Special Civil Part court by calling witness to testify before the Union County Special Civil Part court. It is best to have your questions for any witnesses prepared in advance. During a Union County Special Civil Part trial parties normally call witnesses and prevent evidence about their dispute and argue legal issues in support of their positions. The Union Special Civil judge hearing A Union County Special Civil Part trial may ask questions of the witnesses. At the end of the Union County Special Civil Part trial, the Union County Special Civil Part normally enters a Union Special Civil judgment for or against you. The Union County Special Civil Part may also withhold or “reserve” judgment for a later date, which normally results in the Union County Special Civil Part taking time to write up its reasons for its decision and mailing it to the Union Special Civil plaintiff or Union Special Civil defendant’s’ last known addresses (or to their attorneys, if they are represented).

WHAT TYPES UNION COUNTY SPECIAL CIVIL WITNESSES DO I CALL AT MY UNION COUNTY SPECIAL CIVIL TRIAL?
There are 2 types of Union County Special Civil witnesses – Union County Special Civil fact witnesses and Union County Special Civil expert witnesses. Normally, Union County Special Civil fact witnesses testify about facts that they personally know involving the Union County Special Civil case. Union County Special Civil fact witnesses may also testify to help a Union County Special Civil plaintiff or Union County Special Civil defendant introduce documents into evidence at a Union County Special Civil trial. You cannot always use documents at your Union County Special Civil trial. Even affidavits are often unusable at a Union County Special Civil trial. Often, Union County Special Civil Parties are prevented from using documents at their Union County Special Civil trials because they don’t have the right person to testify about the document’s authenticity/accuracy. You may need to call and serve a Union County Special Civil subpoena Union County Special Civil Union County Special Civil witnesses to testify about the documents that you want to use at your Union County Special Civil trial! Union County Special Civil expert witnesses testify about a subject within their expertise and which is beyond the knowledge of the average Union County Special Civil juror.

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

WHAT IF I HAVE WITNESSES TO CALL AT THE UNION COUNTY SPECIAL CIVIL PART TRIAL OF MY UNION COUNTY SPECIAL CIVIL PART CASE BUT THE WITNESSES MAY REFUSE TO SHOW UP?
If you have any witnesses that you need to testify for you at the Union County Special Civil Part trial, then in advance of the Union County Special Civil Part trial and as required by court rules, laws and published cases, you must prepare a written Special Civil subpoena (or Special Civil subpoenas if the Union County Special Civil Part case is adjourned). Such a Special Civil subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the Union Special Civil plaintiff or Union Special Civil defendant to the Union County Special Civil Part case to testify as part of your Union County Special Civil Part case, since they might not show up at the Union County Special Civil Part trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of Special Civil subpoena. If you think that you could have problems getting someone to show up to provide testimony at the Union County Special Civil Part trial, you should have a process server serve them with a Special Civil subpoena or if they are a party to the dispute, a notice in lieu of Special Civil subpoena. Without witnesses to testify at the Union County Special Civil Part trial (especially experts, discussed above), you may lose your Union County Special Civil Part case.

WILL MY UNION COUNTY SPECIAL CIVIL PART TRIAL BE DECIDED BY A UNION SPECIAL CIVIL JUDGE OR A JURY?
Almost all Union County Special Civil Part trials are decided only by a Union Special Civil judge. Normally, you can’t show up at the Union County Special Civil Part trial and request a Union County Special Civil jury trial – the request must be made when you file your Union County Special Civil Part complaint or answer to the Union County Special Civil Part complaint with the Union County Special Civil Part court and it normally requires a written request and payment of an extra Union Special Civil court fee. A written demand for a Union County Special Civil jury trial is filed with the Union County Special Civil Part in the county where the Union County Special Civil Part case is to be heard and served upon opposing parties not later than 10 days after the time provided for the Union Special Civil defendant to answer. If Union Special Civil defendant files a counterclaim and Union Special Civil plaintiff wants a Union County Special Civil jury trial but did not originally request a Union County Special Civil jury trial when they filed their Union County Special Civil Part complaint, the Union Special Civil plaintiff may file with the Union County Special Civil Part in the county where the Union County Special Civil Part case is to be heard and serve on their opponents the Union Special Civil jury trial demand no later than 10 days after the time provided for the service of a defensive pleading to the counterclaim. In cases being heard by in the Small Claims Section, Union Special Civil defendant must file the demand and serve it on their opponent and pay the necessary Union Special Civil court fee at least five days before the return day of the summons, which shall cause the Union County Special Civil Part court to transfer the Union County Special Civil Part case to the Special Civil Part.

If you or Union Special Civil plaintiff opponent or Union Special Civil defendant opponent properly requested a Union County Special Civil jury trial and paid the necessary Union Special Civil court fee, unless the Union Special Civil judge throws your Union County Special Civil Part case out of court for some reason, the Union County Special Civil Part case is tried by a Union Special Civil judge deciding the legal issues and a jury deciding the factual issues. Parties may withdraw their demand for a Union County Special Civil Part trial if all parties to the Union County Special Civil Part case agree to the withdrawal, in which case the Union County Special Civil Part case will be decided by a Union Special Civil judge alone. Judges may decide to on their own to order a Union County Special Civil jury trial (very rare).

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

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

WHO SERVES AS THE SPECIAL CIVIL MEDIATOR?
A Special Civil mediator is a person trained to attempt to resolve disputes between Special Civil plaintiffs and Special Civil defendants by sitting down with them and mediating their Special Civil settlement. The New Jersey Special Civil Part mediation is conducted by a neutral New Jersey Special Civil Part court appointed mediator. The New Jersey Special Civil Part Court mediator is trained in resolving disputes through the process of New Jersey Special Civil Part mediation.

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

WILL I HAVE A CHANCE TO SETTLE MY UNION COUNTY SPECIAL CIVIL CASE BEFORE MY TRIAL IN THE UNION COUNTY SPECIAL CIVIL PART?
In most cases, before the Union County Special Civil Part trial occurs, the Union Special Civil plaintiff or Union Special Civil defendant must mediate their dispute. Mediation is an informal hearing normally held in a conference room. You and the other Union County Special Civil plaintiff or Union County Special Civil defendant and any attorneys involved in the Union County Special Civil Part case appear at the mediation. The mediation is conducted by a neutral court appointed mediator. The mediator is trained in resolving disputes through the process of mediation. Accordingly, the mediator attempts to resolve the Union County Special Civil Part case by suggesting a possible settlement to both parties. During the mediation, none of the Union Special Civil plaintiff or Union Special Civil defendant is required to settle the Union County Special Civil Part case. Indeed, one or all of the Union Special Civil plaintiff or Union Special Civil defendant may not even make any offer to settle. Note that cases do not always undergo mediation. If the Union County Special Civil Part case cannot be settled before a Union County Special Civil trial and your Union County Special Civil Part case is called to be tried, you must be prepared to present your Union County Special Civil Part case or defenses. Regardless of whether the Union Special Civil plaintiff or Union Special Civil defendant participate in a mediation, parties may voluntarily agree to settle their Union County Special Civil Part case Judges are usually willing to help parties settle their Union County Special Civil Part case but they cannot force any part to settle their Union County Special Civil Part case so that if a party refuses to settle, it is very likely that the Union County Special Civil Part case shall proceed to a Union County Special Civil trial. Union County Special Civil judges may schedule a conference in your Union County Special Civil Part case and at that time, try to settle the Union County Special Civil Part case. Preparing the proper settlement agreement requires great care. Many settlements fail, which leads to unhappy parties and often, more court proceedings. Normally, at any Union County Special Civil trial proceeding, the Union County Special Civil Part has settlement forms for the Union Special Civil plaintiff or Union Special Civil defendant to complete. 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. For example, what if your agreement fails to include the proper protections to your interest? A court may refuse to enforce a settlement agreement if it is unclear what the Union Special Civil plaintiff or Union Special Civil defendant agreed to. Also, if a party fails to honor a settlement, you may have to return to Union Special Civil Court if you want to enforce the settlement, which normally requires you to file a motion. If you can afford an attorney, it is best to have the attorney prepare the settlement agreement so that they can try to make the other parties agree to the best settlement terms for you. If you do settle your Union County Special Civil Part case yourself, you should notify the Union County Special Civil Part as soon as possible – with a phone call and then followed up in writing. If the Union County Special Civil Part case is settled before a Union County Special Civil trial, you should make every effort to advise the Union County Special Civil Part court before the Union County Special Civil Part trial occurs.

SERVE UNION COUNTY SPECIAL CIVIL WRITTEN UNION COUNTY SPECIAL CIVIL REQUESTS FOR INFORMATION UPON YOUR UNION COUNTY SPECIAL CIVIL OPPONENTS BEFORE THE UNION COUNTY SPECIAL CIVIL PART TRIAL DATE
One thing you can do in advance of a Union County Special Civil trial to prepare for it is to serve Union County Special Civil written Union County Special Civil requests for information to secure facts and documents you may need to prove your Union County Special Civil case. Before Union County Special Civil trial, the parties involved in a Union County Special Civil Part lawsuit may engage in discovery – a factfinding process during which each party tries to find out more about the other party’s position. Discovery often involves parties serving each other with Union County Special Civil written Union County Special Civil requests for information called Union County Special Civil interrogatories, Union County Special Civil notices to produce (sometimes also called Union County Special Civil requests for production of documents) and Union County Special Civil requests for admissions. These requests are served by you and not the Union County Special Civil Part by mailing the Union County Special Civil documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other parties or by regular mail only on the other parties’ attorney, if they are represented by a Union County Special Civil attorney. However, it is often best to send all appropriate Union County Special Civil documents to any Union County Special Civil opponent by regular main and also by certified mail, return receipt requested to make sure you have proof that the Union County Special Civil documents were received by your Union County Special Civil opponent. If either party fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the Union County Special Civil Part may punish the delinquent party, such as by throwing their Union County Special Civil complaint out of court or suppressing their Union County Special Civil answer. Many Union County Special Civil plaintiffs and Union County Special Civil defendants trying to defend Union County Special Civil cases ignore discovery demands served on them and thereafter have their Union County Special Civil answer suppressed and a Union County Special Civil money judgment entered against them. At some point after the Union County Special Civil Part complaint is filed and answered, the Union County Special Civil Part will schedule an arbitration and/or trial date. Failure to carefully prepare and serve thorough Union County Special Civil written Union County Special Civil requests for information could result in your losing your Union County Special Civil case, since you may be in the dark about what the other party intends to do at the Union County Special Civil Part trial. If a Union County Special Civil case is coming up for arbitration and/or trial and you never received responses to your Union County Special Civil written Union County Special Civil requests for information, you may have a right to get more time from the Union County Special Civil Part to get the requests answered. Discovery can be a very tricky and important part of the case and to make sure that it is conducted right, you should seriously consider hiring a Union County Special Civil attorney to prepare your Union County Special Civil written Union County Special Civil requests for information to your Union County Special Civil opponents or to other parties involved in the case or even to witnesses and if you can afford it, to have a Union County Special Civil attorney represent you in court. Through discovery, you may get the proofs you need to defend against a lawsuit or to prove it. Even if you get no information, if you get complete responses to Union County Special Civil written Union County Special Civil requests for information which provide little proof against your position that may support your efforts to prosecute or defend against a Union County Special Civil Part case.

MAKE SURE YOU RECEIVE COMPLETE RESPONSES TO YOUR UNION COUNTY SPECIAL CIVIL WRITTEN UNION COUNTY SPECIAL CIVIL REQUESTS FOR INFORMATION BEFORE YOUR UNION COUNTY SPECIAL CIVIL PART TRIAL
If you do receive no written responses to your Union County Special Civil written Union County Special Civil requests for information or received incomplete responses but you believe in good faith that they are incomplete, you must take the proper steps necessary to assure that you get complete responses, which may require the filing of one or more motions. Failure to take those steps in advance of a Union County Special Civil trial may make any Union County Special Civil written Union County Special Civil requests for information that you served on Union County Special Civil opponents who failed to answer them worthless. Do not wait to take action to make the necessary motion – the period for securing discovery in Union County Special Civil Part cases is extremely short and you must file the Union County Special Civil motion as soon as you are able to do so or face a Union County Special Civil Part trial without being prepared for it! If you served Union County Special Civil written Union County Special Civil requests for information soon enough before Union County Special Civil trial, you may qualify to get a trial adjournment. To do so, you must follow a series of steps a certain number of days before Union County Special Civil trial.

SUBPOENA ALL WITNESSES IN ADVANCE OF A UNION COUNTY SPECIAL CIVIL TRIAL TO APPEAR AT YOUR UNION COUNTY SPECIAL CIVIL PART TRIAL
If you need to present information to prove your Union County Special Civil case but do not have firsthand knowledge of the information, you must have a person familiar with that information to testify in Union County Special Civil Part court. To assure that they appear in Union County Special Civil Part court, you need to serve those witnesses with subpoenas requiring them to appear before the Union County Special Civil Part on your Union County Special Civil Part Trial date. A Union County Special Civil Part subpoena may be issued by the clerk of the court or by a Union County Special Civil attorney or party in the name of the clerk. The Union County Special Civil Part subpoena must state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The testimony of a Union County Special Civil party to the lawsuit (a Union County Special Civil plaintiff or a Union County Special Civil defendant involved in the lawsuit) who could be subpoenaed may be compelled by a Union County Special Civil notice in lieu of subpoena served upon the Union County Special Civil plaintiff or Union County Special Civil defendant's attorney demanding that the attorney produce the client at your Union County Special Civil Part Trial. If the Union County Special Civil plaintiff or Union County Special Civil defendant is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before Union County Special Civil trial. Union County Special Civil Part subpoenas must include witness fees required by New Jersey law. A Union County Special Civil subpoena may be served by any person 18 or more years of age. Service of a Union County Special Civil subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof. A Union County Special Civil subpoena or, in a civil action, a Union County Special Civil notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the Union County Special Civil motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c). Failure without adequate excuse to obey a Union County Special Civil subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

ORGANIZE AND PREMARK EXHIBITS FOR USE AT YOUR UNION COUNTY SPECIAL CIVIL PART TRIAL
Before your Union County Special Civil Part Trial, gather together all of your evidence, such as photographs, drawings, charts, parts, invoices, bills and other types of records and mark them – with a pen on a place where the writing shall not obscure any print – “P-1”, “P-2”, “P-3”, etc. for plaintiff’s exhibits and “D-1”, “D-2”, “D-3”, etc. for defendant’s exhibits. You only need to premark the exhibits you are using at your Union County Special Civil Part Trial – not those your Union County Special Civil opponents may use at your Union County Special Civil Part Trial. Be sure to bring all original evidence (and copies if only copies are available) to the Union County Special Civil trial for use at your Union County Special Civil Part Trial. Make a list of all of your exhibits to refer to during the trial and bring enough copies of the list and each complete set of exhibits to the Union County Special Civil Trial - one for the judge, one for each of your Union County Special Civil opponents and one for you to use at the Union County Special Civil Trial. Failure to have all evidence at your Union County Special Civil Part Trial could cause you to lose your Union County Special Civil case!

ORGANIZE AND BRING YOUR UNION COUNTY SPECIAL CIVIL PART CASE FILE TO THE UNION COUNTY SPECIAL CIVIL TRIAL
Before your Union County Special Civil Part Trial, gather together all motions, briefs, court notices, complaints, summonses, answers, subpoenas, Union County Special Civil written Union County Special Civil requests for information and answers to those requests and letters exchanged between the parties to the case to your Union County Special Civil Part Trial. Bring all these documents to your Union County Special Civil Part Trial. Before your Union County Special Civil Part Trial, organize these documents into separate files so that you can easily find what you need during your Union County Special Civil Part Trial. Failure to have your complete your Union County Special Civil Part case file at your Union County Special Civil Part Trial could cause you to lose your Union County Special Civil case!

WHAT ARE UNION COUNTY SPECIAL CIVIL TRIAL SUBPOENAS?
Union County Special Civil trial subpoenas are used to require Union County Special Civil plaintiffs and Union County Special Civil defendants to show up at a Union County Special Civil trial and to bring documents to a Union County Special Civil trial for use during the Union County Special Civil trial. You cannot always use documents at your Union County Special Civil trial without calling the proper Union County Special Civil witnesses to testify about the authenticity of the documents. Even affidavits are often unusable at a Union County Special Civil trial. Often, Union County Special Civil Parties are prevented from using documents at their Union County Special Civil trials because they don’t have the right person to testify about the document’s authenticity/accuracy. You may need to call and serve a Union County Special Civil subpoena Union County Special Civil Union County Special Civil witnesses to testify about the documents that you want to use at your Union County Special Civil trial!

PREPARE UNION COUNTY SPECIAL CIVIL TRIAL BRIEFS TO EXPLAIN YOUR POSITION ON COMPLEX LEGAL OR FACTUAL ISSUES
Before your Union County Special Civil Part Trial, review your Union County Special Civil case and for any complex legal or factual issues that you think you might face at your Union County Special Civil Part Trial, perform legal research on those issues and write an explanation of your position. Be sure to bring enough copies of each trial brief you prepare for your Union County Special Civil Part Trial to the Union County Special Civil Part Trial – one for the judge, one for each opponent and one for you.

WHAT ARE UNION COUNTY SPECIAL CIVIL MOTIONS IN LIMINE?
Union County Special Civil motions in limine are Union County Special Civil motions prepared by Union County Special Civil pro se plaintiffs, Union County Special Civil pro se defendants or Union County Special Civil lawyers which ask the Union County Special Civil court to narrow the legal issues or evidentiary issues during the Union County Special Civil trial and eliminate unnecessary trial interruptions. Union County Special Civil motions in limine foster efficiency for the Union County Special Civil court by preventing needless argument at the Union County Special Civil trial. Union County Special Civil motions in limine also permit more careful consideration of evidentiary issues than would take place during the heat of battle during a Union County Special Civil trial, reduce disruptions during the Union County Special Civil trial and resolve potentially critical issues at the outset, thereby enhancing the efficiency of Union County Special Civil trials and promoting settlements. A typical in Union County Special Civil limine order excludes challenged evidence or prevents a Union County Special Civil plaintiff or Union County Special Civil defendant from presenting claims or legal argument on a particular issue. Because Union County Special Civil motions in limine are designed to limit issues presented at a Union County Special Civil trial, Union County Special Civil motions in limine are often presented to the Union County Special Civil court at the very beginning of a Union County Special Civil trial.

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

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

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

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

TAKING UNION COUNTY SPECIAL CIVIL PART APPEALS -- WHAT IF I LOSE MY TRIAL OR THE UNION COUNTY SPECIAL CIVIL PART COURT REFUSES TO VACATE A UNION SPECIAL CIVIL DEFAULT JUDGMENT?
If you are a Union Special Civil plaintiff and you lose a Union County Special Civil Part case, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a Union Special Civil defendant who you believe owes you money. If you are a Union Special Civil defendant and you lose a Union County Special Civil Part case, it could mean the entry of a money judgment against you and the beginning of the Union Special Civil 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 Union County Special Civil Part court’s decision about a summary judgment motion, you may file papers for the Union County Special Civil Part court for various forms of post trial relief, such as a motion for the Union County Special Civil Part court to reconsider its decision (called a motion for reconsideration) or a motion to overturn the verdict or a motion for a new Union County Special Civil trial. In most cases, such post trial motions must be made in a specific time frame, such as 20 days from the date of the Union County Special Civil Part court’s order deciding the summary judgment motion. If the Union County Special Civil Part’s decision in your Union County Special Civil Part case is final, you may also appeal the Union County Special Civil Part case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing Union County Special Civil Part appeals. To appeal a Union County Special Civil Part final judgment that resolves all issues in the Union County Special Civil Part case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a Union Special Civil court fee to the Appellate Division – Union County Special Civil Part appeals are not heard by the Union County Special Civil Part and you should not try to file appellate papers with the Union County Special Civil Part! As part of your Union County Special Civil Part 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 Union Special Civil court fee for it. Appeals are some of the most complex proceedings in the Union County Special Civil Part court system. The Union County Special Civil Part court normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the attorney perform the steps necessary to take a Union County Special Civil Part appeal. Appeals from Union County Special Civil Part orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for Union County Special Civil Part appeals from final judgments or orders.

CAN I HANDLE A UNION COUNTY SPECIAL CIVIL PART CASE MYSELF?
Many people can and do successfully handle special Civil Part cases, from filing the first paperwork to the collection of a Union Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their Union County Special Civil Part cases or that result in the entry of a 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 Union County to handle part or all of the Union County Special Civil Part case. The following are reasons to use an attorney to handle part or all of your Union County Special Civil Part case:
• Union County Special Civil Part Union Special Civil court fees often change
• Union County Special Civil Part rules often change
• Union County Special Civil Part employees cannot give you “free” legal advice and a Union Special Civil 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
• Union County Special Civil Part court forms available on websites may not cover every situation you may face in court
• each Union County Special Civil Part case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect Union County Special Civil Part complaints that result in the Union County Special Civil Part complaints or answers to Union County Special Civil Part complaints being rejected by the Union County Special Civil Part or being dismissed by the Union County Special Civil Part after filing and before or after the Union County Special Civil 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 Union County Special Civil Part case.
• a court has the power to punish unprepared parties, such as by throwing their Union County Special Civil Part case out of court or limiting what they can present at the Union County Special Civil Part trial.
• Union County 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 Union County Special Civil Part trial.
• it is very common for Union County Special Civil Part courts to refuse to allow a party to use or refer to documents or items at the Union County Special Civil Part trial that the person themselves never prepared. Often parties stumble into Union County Special Civil Part with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a Union Special Civil judge tell the Union Special Civil plaintiff or Union Special Civil defendant 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 Union County Special Civil Part. Also, if there are any legal issues to be dealt with at the Union County Special Civil Part trial, you must be prepared to argue them, which may require you to refer to Union Special Civil Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the Union County Special Civil Part expecting the Union Special Civil judge hearing your Union County Special Civil Part case to explain court rules, evidence rules, court procedure or the details of the law that applies to your Union County Special Civil Part case. The Union Special Civil judge hearing your Union County Special Civil Part 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 Union County Special Civil Part case. Hiring an attorney to handle part or all of your Union County Special Civil Part case does not guarantee your success. However, it may provide what is needed to win your Union County Special Civil Part case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING SPECIAL CIVIL PART CASES?
Yes. Paul DePetris has performed the following tasks:
• handled Special Civil Part cases for Union Special Civil plaintiffs and Union Special Civil defendants cases.
• provided pro se parties with Special Civil Part legal advice and Special Civil Part legal documents
• prepared and filed many Special Civil Part complaints
• tried nonjury trials in Special Civil Part
• tried jury trials in Special Civil Part
• mediated many Special Civil Part cases
• served as a voluntary court mediator for the Union County Special Civil Part where he successfully assisted parties to lawsuits to settle their cases before they went to trial
• argued motions in Union County Special Civil Part cases
• handled Special Civil Part proof hearings
• handled Special Civil Part post judgment collection proceedings
• defended debtors in Special Civil Part collection cases
• represented creditors in Special Civil Part collection cases

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 Union County New Jersey to Union 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:
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union 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:
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union County New Jersey Court
• Union 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.

2013 NEW JERSEY SPECIAL CIVIL PART TRIAL RULES
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 laws 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.
RULE 6:5. Trials
6:5-1. Applicability of Part IV Rules; Sanctions
R. 4:37 (dismissal of actions), R. 4:38 (consolidation), R. 4:39 (verdicts) and R. 4:40 (motion for judgment) are applicable to the Special Civil Part. The court may order a party whose complaint is dismissed pursuant to R. 1:2-4 or R. 4:37-1(b) for failure to appear for trial or who seeks to refile such a complaint pursuant to R. 4:37-4 to pay to the aggrieved party costs, reasonable attorney's fees and expenses related to the dismissed action.
Note: Source --1969 Revision; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July 12, 2002 to be effective September 3, 2002; amended July 9, 2008 to be effective September 1, 2008.
6:5-2. Notice of Trial; Assignment for Trial
 (a) Notice by Clerk. Except for summary actions brought under R. 6:2-1, the clerk shall inform the parties or their attorneys of the trial date at least 30 days before trial. For good cause shown, the court may order a longer or shorter notice in any action.
 (b) Landlord and Tenant Actions. Summary actions between landlord and tenant shall be placed on a separate list on the calendar and shall be heard on the return day unless adjourned by the court, or by consent with the approval of the court. At the beginning of the calendar call and again at the end of the calendar call for latecomers, the judge presiding at the call shall provide instructions substantially conforming with the announcement contained in Appendix XI-S to these rules. Written copies of that announcement also shall be available to litigants in the courtroom. A videotape, prepared either by the Administrative Office of the Courts or by the vicinage, may be used for the second reading when the judge deems its use necessary. In those counties having a significant Spanish-speaking population, the announcement also shall be given in Spanish both orally and in writing; the oral presentation may be given by videotape or other audio-visual device or by the judge presiding at the call.
 (c) Assignment to Particular Judge; Common Issues. If common issues of law or fact are involved in 2 or more actions pending in the Special Civil Part, all such actions shall be assigned for hearing or trial to the same judge. If issues previously determined are involved in a subsequent action, such subsequent action shall be assigned for hearing or trial to the same judge who previously determined such issues unless otherwise ordered by the Assignment Judge or designee.
 (d) Avoidance of Multiple Appearances. Multiple appearances in cases that have been scheduled for trial shall be avoided and, consistent with R. 1:40-7, cases should be disposed of on the trial date by a complementary dispute resolution event, trial, dismissal, or entry of default (with a proof hearing if requested).
Note: Source-R.R. 7:7-3, 7:7-4, 7:7-11, 7:7-12; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; amended July 17, 1975 to be effective September 8, 1975; paragraph (c) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) caption and text amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 18, 2001 to be effective November 1, 2001; paragraph (a) caption and text amended and new paragraph (d) added July 12, 2002 to be effective September 3, 2002.
6:5-3. Trial by Jury
 (a) How Demanded. In actions commenced in the Special Civil Part a written demand for trial by jury shall be filed with the clerk at the principal location of the court and served upon opposing parties not later than 10 days after the time provided for the defendant to answer; or in the case of a counterclaim the plaintiff may make such demand not later than 10 days after the time provided for the service of a defensive pleading to the counterclaim. In actions in the Small Claims Section the demand may be filed and served by the defendant and the fee paid at least five days before the return day of the summons, whereupon the clerk shall transfer the action to the Special Civil Part.
 (b) Waiver. A trial by jury shall be deemed to be waived unless a demand therefor has been filed in the time and manner herein provided and unless the party demanding the same has, at the time of making such demand, paid the required fee therefor. Trial by jury shall also be deemed to be waived in actions in which a judgment is entered prior to a demand therefor.
 (c) On Court's Order. The court may, in its discretion, order a trial by jury at the plaintiff's expense, to be taxed in the costs of the action notwithstanding the failure of all parties to have made demand therefor.
 (d) Mode of Trial. If a jury is demanded and the demand is not withdrawn by consent, or if trial by jury is ordered by the court, the action shall be tried by jury.
 (e) Consolidated Actions. Where 2 or more actions are consolidated for trial, there need be only one demand for jury and only one jury fee shall be required.
Note: Source-R.R. 7:8-2(a) (c) (d) (e) (f) (g) (h). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended November 7, 1988 to be effective January 2, 1989.
RULE 6:6. Judgment
6:6-1. Applicability of Part IV Rules
R. 4:42 (insofar as applicable), R. 4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the Special Civil Part, except that the requirements of a statement of material facts and a responding statement contained in R. 4:46-2(a) and (b) shall not apply.
Note: Source-R.R. 7:9-5, 7:9-6 (third sentence), 7:10-1, 7:10-2, 7:12-1, 7:12-2, 7:12-3, 7:12-4. Amended by order of September 5, 1969 effective September 8, 1969; amended November 7, 1988 to be effective January 2, 1989; amended July 5, 2000 to be effective September 5, 2000.
6:6-2. Entry of Default and Automatic Vacation Thereof
When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default. A party against whom a default has been entered for failure to plead or enter an appearance may have same automatically removed by the clerk provided there is filed with the clerk within 30 days of its entry a written application with the consent of the adversary endorsed thereon consenting to the vacation of the default, which application shall have annexed thereto the answer or other responsive pleading of the party in default.
Note: Source-R.R. 7:9-1; caption and text amended November 2, 1987 to be effective January 1, 1988; amended July 13, 1994 to be effective September 1, 1994.
6:6-3. Judgment by Default
 (a) Entry by the Clerk; Judgment for Money.
If the plaintiff’s claim against a defendant is for a sum certain or for a sum that can by computation be made certain, the clerk on request of the plaintiff and on affidavit setting forth a particular statement of the items of the claim, the amounts and dates, the calculated amount of interest, the payments or credits, if any, the net amount due, and the name of the original creditor if the claim was acquired by assignment, shall enter judgment for the net amount and costs against the defendant, if a default has been entered against the defendant for failure to appear and the defendant is not a minor or mentally incapacitated person. If prejudgment interest is demanded in the complaint the clerk shall add that interest to the amount due provided the affidavit of proof states the date of defendant’s breach and the amount of such interest. If the judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith; otherwise it shall be calculated in accordance with R. 4:42-11(a). If a statute provides for a maximum fixed amount as an attorney fee, contractual or otherwise, and if the amount of the fee sought is specified in the complaint, the clerk shall add it to the amount due, provided that in lieu of the affidavit of services prescribed by R. 4:42-9(b) the attorney files a certification that sets forth the amount of the fee sought, how the amount was calculated, and specifies the statutory provision and, where applicable, the contractual provision that provides for the fixed amount. If the claim is founded on a note, contract, check, or bill of exchange or is evidenced by entries in the plaintiff’s book of account, or other records, a copy thereof shall be attached to the affidavit. The clerk may require for inspection the originals of such documents. The affidavit shall contain or be supported by a separate affidavit containing a statement, by or on behalf of the applicant for a default judgment, that sets forth the source of the address used for service of the summons and complaint. The affidavit prescribed by this Rule shall be sworn to not more than 30 days prior to its presentation to the clerk and, if not made by plaintiff, shall show that the affiant is authorized to make it.
 In any action to collect an assigned claim, plaintiff/creditor shall submit a separate affidavit certifying with specificity the name of the original creditor, the last four digits of the original account number of the debt, the last four digits of the defendant-debtor’s Social Security Number (if known), the current owner of the debt, and the full chain of the assignment of the claim, if the action is not filed by the original creditor.
 If plaintiff’s records are maintained electronically and the claim is founded on an open-end credit plan, as defined in 15 U.S.C. §1602(i) and 12 C.F.R. §226.2(a)(20), a copy of the periodic statement for the last billing cycle, as prescribed by 15 U.S.C. §1637(b) and 12 C.F.R. §226.7, or a computer-generated report setting forth the previous balance, identification of transactions and credits, if any, periodic rates, balance on which the finance charge is computed, the amount of the finance charge, the annual percentage rate, other charges, if any, the closing date of the billing cycle, and the new balance, if attached to the affidavit, shall be sufficient to support the entry of judgment.
 (b) Entry by the Clerk; Judgment for Possession. In summary actions between landlord and tenant for the recovery of premises, judgment for possession may be entered by the clerk on affidavit if the defendant fails to appear, plead or otherwise defend, and is not a minor or mentally incapacitated person, except where the landlord acquired title from the tenant or has given the tenant an option to purchase the property. The affidavit must state the facts establishing the jurisdictional good cause for eviction required by the applicable statute and that the charges and fees claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the landlord is not represented by an attorney, the affidavit must state that the landlord is not a corporation or other business entity precluded from appearing pro se by R. 6:10. If the landlord is represented by an attorney, that attorney must also submit a certification that the charges and fees claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the basis for eviction requires service of a notice to quit, the landlord's affidavit must have a copy of all required notices attached, and the affidavit must state that the notices were served as required by law and that the facts alleged in the notices are true.
If the landlord fails to obtain or make written application for the entry of a judgment for possession within 30 days after the entry of default, such judgment shall not be entered thereafter except on application to the court and written notice to the tenant served at least seven days prior thereto by simultaneously mailing same by both certified and ordinary mail or in the manner prescribed for service of process in landlord/tenant actions by R. 6:2-3(b); provided, however, that the 30-day period may be extended by court order or written agreement executed by the parties subsequent to the entry of default and filed with the clerk.
 (c) Entry by the Court; Particular Actions. In all actions to which paragraphs (a) or (b) do not apply, the party entitled to a judgment by default shall apply to the court therefor. No judgment by default shall be entered against a minor or mentally incapacitated person without 5 days' written notice to the guardian or a guardian ad litem appointed for the minor or mentally incapacitated person; nor against any other party without written notice to that party, if the court, in the interest of justice, orders such notice. When a landlord acquired title from the defendant or has given the tenant an option to purchase the property, a judgment for possession by default shall not be entered without proof in open court. If application is made for the entry of judgment by default in deficiency suits or claims based directly or indirectly on the sale of a chattel that has been repossessed peaceably or by legal process, the plaintiff shall prove entitlement to a judgment by affidavit containing a description of the property, the amount realized at the sale or credited to the defendant, the costs of sale and such other proof as required by law. If the plaintiff's claim is for an unliquidated sum that the court finds is susceptible of proof through personal knowledge (as opposed to opinion or expert testimony), it shall enter judgment by default against a defendant either upon oral testimony in open court or upon affidavit containing the qualifications of the affiant and the information that would be required in the case of oral proof. In all negligence actions involving damage to property, proof of negligence of the defendant shall be by affidavit of the person with knowledge of the negligence of the defendant. In automobile negligence actions and insurance subrogation cases proof of the property damage shall be given by an affidavit of an automobile mechanic or an insurance adjuster or appraiser setting forth the affiant's occupation and business address; if employed, the name of the employer and the affiant's position; the date of inspection of the property involved and, if a vehicle, specifying its make or model, its condition at that time, and its mileage if available; the repairs actually made and the estimated cost thereof; a statement that the repairs were necessary and the charges therefor reasonable; and the amount actually paid for repairs, if completed. The plaintiff may request or the court, after review of the affidavits submitted in accordance with this rule, may require oral testimony in open court.
 (d) Time for Entry. If a party entitled to a judgment by default fails to apply therefor within 6 months after entry of default, judgment shall not be entered except on motion to the court and all applicable proofs required under 6:6-3(a) through (c) shall be attached to the moving papers.
 (e) Notice of Entry. At the time a default judgment is entered, the clerk shall notify the judgment-creditor or judgment-creditor's attorney of the effective date and amount of the judgment. Upon receipt of the notice, the judgment-creditor shall notify the judgment-debtor within 7 days by ordinary mail of the effective date and amount of the judgment.
Note: Source — R.R. 7:9-2(a) (b), 7:9-4. Paragraphs (a) and (d) amended June 29, 1973 to be effective September 10, 1973; paragraph (c) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraphs (a), (b) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b), and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 18, 2001 to be effective November 1, 2001; paragraphs (a), (b), and (c) amended, and new paragraph (e) added July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (d) amended July 28, 2004 to be effective September 1, 2004; paragraph (b) amended July 27, 2006 to be effective September 1, 2006; paragraph (d) amended July 9, 2008 to be effective September 1, 2008; paragraph (a) amended July 19, 2012 to be effective September 4, 2012.
6:6-4. Consent Judgments for Possession and Stipulations of Settlement
Notwithstanding any consent by a tenant, no warrant of removal may be issued or executed unless in compliance with all provisions of law.
 (a) Entry by the Court. A stipulation of settlement or an agreement that provides for entry of a judgment for possession must be written, signed by the parties, and presented to a judge for approval on the day of trial or as the judge otherwise directs, but if it requires the tenant to both pay rent and vacate the premises, the judge shall review it in open court. It must also be accompanied by the affidavit of the landlord and the certification of the landlord's attorney required by R. 6:6-3(b).
 (b) Entry by the Clerk. When the tenant is represented by an attorney and the attorney has signed the agreement, the clerk may enter judgment for possession upon receipt of the signed consent of the parties and the affidavit of the landlord and the certification of the landlord's attorney specified in R. 6:6-3(b).
Note: Adopted July 18, 2001 to be effective November 1, 2001.
6:6-5. Judgment After Trial; Costs
Upon receipt of the verdict of a jury, or upon determination by a judge sitting without a jury, the clerk shall note the judgment on the jacket and it shall take effect forthwith. The clerk shall thereupon enter the judgment and tax the costs.
Note: Source-R.R. 7:9-6 (first two sentences), as Rule 6:6-4; redesignated as Rule 6:6-5 July 18, 2001 to be effective November 1, 2001.
6:6-6. Post-Judgment Levy Exemption Claims and Applications for Relief in Tenancy Actions
 (a) Generally. Rules 4:52-1 and 4:52-2 shall apply to post-judgment applications for relief in tenancy actions and to claims of exemption from levy in other actions in the Special Civil Part, except that the filing of briefs shall not be required.
 (b) Orders for Orderly Removal. An order for post-judgment relief, applied for on notice to a landlord pursuant to paragraph (a) of this rule, need not have a return date if the sole relief is a stay of execution of a warrant of removal for seven calendar days or less, but it shall provide that the landlord may move for the dissolution or modification of the stay on two days' notice to the tenant or such other notice as the court sets in the order.
 (c) Orders to Release Levies on Exempt Funds. An order to release a levy on funds because they are exempt from execution, levy or attachment under New Jersey law or federal law shall require the third-party garnishee to refund to the judgment-debtor all fees incurred as a result of the levy. However, if the court determines that the judgment-creditor at whose instance the levy was made knew or should have known that the funds were exempt from execution, levy or attachment, the order can require that party to reimburse the judgment-debtor for such fees.
 (d) Forms. Forms for applications for post-judgment relief in tenancy actions and claims of exemption from levy in other actions shall be available to litigants in the clerk's office.
Note: Adopted July 12, 2002 to be effective September 3, 2002; caption and paragraphs (a), (b), and (c) amended July 27, 2006 to be effective September 1, 2006; former paragraph (c) redesignated as paragraph (d) and new paragraph (c) adopted July 19, 2012 to be effective September 4, 2012.
6:6-7. Issuance by Clerk of Certificate of Satisfaction of Judgment
In cases where a judgment debtor has fully satisfied a judgment, but the clerk has not entered satisfaction on the record pursuant to R. 4:48-2(a) because either the party receiving full satisfaction has not given a warrant for satisfaction or no execution issued on the judgment has been returned fully paid, the judgment debtor may make written application to the clerk for the issuance of a certificate of satisfaction of judgment. Upon receipt of such written application along with proof of payment, the clerk shall send to the attorney for the judgment creditor or the judgment creditor, if pro se, a letter setting forth that the judgment debtor has filed a written application seeking the issuance of a certificate of satisfaction of judgment and that said certificate will be issued within 10 days, unless written objection is received by the clerk with a copy sent to the judgment debtor. The letter sent by the clerk shall include a copy of the written application and proof of payment filed by the judgment debtor. If no objection is received within 10 days from the date of the letter, the clerk shall issue the certificate of satisfaction of judgment to the judgment debtor and enter satisfaction on the record. If an objection is received, the clerk shall set the matter down for a hearing and notify all parties as to the date of the hearing.
Note: Adopted as Rule 6:6-5 November 7, 1988 to be effective January 2, 1989; redesignated as Rule 6:6-6 July 18, 2001 to be effective November 1, 2001; redesignated as Rule 6:6-7 July 12, 2002 to be effective September 3, 2002.
RULE 1:7. General Provisions For Trials
1:7-1. Opening and Closing Statement
 (a) Opening Statement. Before any evidence is offered at trial, the State in a criminal action or the plaintiff in a civil action, unless otherwise provided in the pretrial order, shall make an opening statement. A defendant who chooses to make an opening statement shall do so immediately thereafter.
 (b) Closing Statement. After the close of the evidence and except as may be otherwise ordered by the court, the parties may make closing statements in the reverse order of opening statements. In civil cases any party may suggest to the trier of fact, with respect to any element of damages, that unliquidated damages be calculated on a time-unit basis without reference to a specific sum. In the event such comments are made to a jury, the judge shall instruct the jury that they are argument only and do not constitute evidence.
Note: Source - R.R. 3:7-3, 4:44-1, 7:8-4; former rule redesignated as paragraph (a), paragraph (b) adopted and caption amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b) amended July 27, 2006 to be effective September 1, 2006.
1:7-2. Objections
For the purpose of reserving questions for review or appeal relating to rulings or orders of the court or instructions to the jury, a party, at the time the ruling or order is made or sought, shall make known to the court specifically the action which the party desires the court to take or the party's objection to the action taken and the grounds therefor. Except as otherwise provided by R. 1:7-5 and R. 2:10-2 (plain error), no party may urge as error any portion of the charge to the jury or omissions therefrom unless objections are made thereto before the jury retires to consider its verdict, but opportunity shall be given to make the objection in open court, in the absence of the jury. A party shall only be prejudiced by the absence of an objection if there was an opportunity to object to a ruling, order or charge.
Note: Source-R.R. 3:7-7(b), 3:7-8, 4:47, 4:52-1 (third and fourth sentences); amended July 13, 1994 to be effective September 1, 1994.
1:7-3. Record of Excluded Evidence
If an objection to a question propounded to a witness is sustained by the court, the examining attorney may, out of the hearing of the jury (if there is a jury), make a specific offer of what is expected to be proved by the answer of the witness, and the court may add such other and further statement as clearly shows the character of the evidence, the form in which it was offered, and the ruling thereon. In actions tried without a jury the court shall upon request permit the evidence and any cross-examination relating thereto or evidence in rebuttal thereof to be taken down by the court reporter in full, or otherwise preserved, unless it clearly appears to the court that the evidence is not admissible on any ground or that the witness is privileged or unless the interest of justice otherwise requires. In actions tried with a jury the court may, in its discretion and in the absence of the jury, permit such taking and preservation of the excluded evidence.
Note: Source-R.R. 4:44-3; amended July 13, 1994 to be effective September 1, 1994.
1:7-4. Findings by the Court in Non-jury Trials and on Motions
 (a) Required Findings. The court shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon in all actions tried without a jury, on every motion decided by a written order that is appealable as of right, and also as required by R. 3:29 The court shall thereupon enter or direct the entry of the appropriate judgment.
 (b) Motion for Amendment. On motion made not later than 20 days after service of the final order or judgment upon all parties by the party obtaining it, the court may grant a rehearing or may, on the papers submitted, amend or add to its findings and may amend the final order or judgment accordingly, but the failure of a party to make such motion or to object to the findings shall not preclude that party's right thereafter to question the sufficiency of the evidence to support the findings. The motion to amend the findings, which may be made with a motion for a new trial, shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions that counsel believes the court has overlooked or on which it has erred. Motions for reconsideration of interlocutory orders shall be determined pursuant to R. 4:42-2.
Note: Source-R.R. 3:7-1(c), 4:53-1, 4:53-2, 8:7-2(c); caption and text amended November 1, 1985 to be effective January 2, 1986; caption and text amended November 5, 1986 to be effective January 1, 1987; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July 14, 1992 to be effective September 1, 1992; amended and paragraphs (a) and (b) designated July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000.
1:7-5. Trial Errors
Any error or omission which does not prejudice a substantial right shall be disregarded by the trial court before, during and after trial. The trial court, however, at every stage of the action, including a timely application after trial, may notice any error of such a nature as to have been clearly capable of producing an unjust result, even though such error was not brought to its attention by a party.
Note: Source-R.R. 4:63-1, 4:63-2.
1:7-6. Non-public Business Records
Where the original of a non-public business record has been produced at trial and a clear copy thereof is certified and offered to the court, the court, except for good cause shown, shall permit the copy to be marked into evidence and the original to be returned to its custodian. The parties may stipulate in advance as to the admissibility of such copy.
Note: Adopted November 27, 1974 to be effective April 1, 1975.
RULE 1:8. Jury
 (a) Criminal Actions. Criminal actions required to be tried by a jury shall be so tried unless the defendant, in writing and with the approval of the court, after notice to the prosecuting attorney and an opportunity to be heard, waives a jury trial. In sentencing proceedings conducted pursuant to N.J.S.A. 2C:11-3(c)(1), the consent of prosecutor shall be required for such waiver.
 (b) Civil Actions. Issues in civil actions triable of right by a jury shall be so tried only if a jury trial is demanded by a party in accordance with R. 4:35-1 or R. 6:5-3, as applicable, and is not thereafter waived. If a jury of twelve is requested, that request shall be included in the jury demand.
Note: Source-R.R. 3:7-1(a), 4:40-3; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; captions added to paragraphs (a) and (b) and paragraph (b) amended July 10, 1998 to be effective September 1, 1998.
1:8-2. Number of Jurors
 (a) Number Deliberating in Criminal Actions. A deliberating jury in a criminal action shall consist of 12 persons, but at any time before verdict the parties may stipulate that the jury shall consist of any number less than 12 except in the trials of crimes punishable by death. Such stipulations shall be in writing and with the approval of the court.
 (b) Number Deliberating in Civil Actions. A deliberating jury in a civil action shall consist of six persons unless:
• (1) for good cause shown the court orders a jury of 12 persons pursuant to a demand made in accordance with R. 1:8-1(b); or
• (2) fewer than six jurors remain prior to commencement of deliberations and the parties then agree on the record to submit the case to the remaining jurors; or
• (3) more than six jurors remain prior to the commencement of deliberations and the parties then agree on the record that all remaining jurors shall deliberate.
 (c) Verdict in Civil Actions.
• (1) Unless the parties have agreed on the record prior to commencement of deliberations to accept a verdict or finding by a lesser number, the verdict or finding shall be by agreement of five jurors when six jurors deliberate, and by 10 jurors when 12 jurors deliberate.
• (2) If the parties have agreed on the record to submit the case to fewer than six jurors, pursuant to paragraph (b)(2) of this rule, the verdict or finding shall be unanimous, unless the parties have also agreed on the record prior to commencement of deliberations to a verdict or finding by a lesser number.
• (3) If the parties have agreed on the record to more than six jurors pursuant to paragraph (b)(3) of this rule, the verdict or finding shall be by agreement of five-sixths of the deliberating jurors, unless the parties have otherwise agreed on the record prior to commencement of deliberations.
 (d) Alternate Jurors; Civil and Criminal Actions.
• (1) All Actions. The court in its discretion may direct the impanelling of a jury of such number as it deems necessary to ensure that a sufficient number of jurors will remain to deliberate. If a juror is excused after being sworn but before opening statements begin, another juror may be impanelled and sworn, but no juror may be empaneled and sworn thereafter. All the jurors shall sit and hear the case, but the court for good cause shown may excuse any of them from service provided the number of jurors is not reduced to less than 12 or 6 as the case may be or such other number as may be stipulated to. If more than such number are left on the jury at the conclusion of the court's charge, the clerk of the court in the jury's presence shall randomly draw such number of names as will reduce the jury to the number required to determine the issues. Following the drawing of the names of jurors to determine the issues, the court may in its discretion order that the alternate jurors not be discharged, in which event the alternate jurors shall be sequestered apart from the other jurors and shall be subject to the same orders and instructions of the court, with respect to sequestration and other matters, as the other jurors. If the alternate jurors are not discharged and if at any time after submission of the case to the jury, a juror dies or is discharged by the court because of illness or other inability to continue, the court may direct the clerk to draw the name of an alternate juror to take the place of the juror who is deceased or discharged. When such a substitution of an alternate juror is made, the court shall instruct the jury to recommence deliberations and shall give the jury such other supplemental instructions as may be appropriate.
• (2) Civil Actions. In civil actions, instead of selecting alternate jurors, the parties may agree on the record, pursuant to paragraph (b)(3) of this rule, that all remaining jurors shall deliberate and that the verdict or finding shall be returned by such number as is provided by paragraph (c)(3) of this rule.
Note: Source-R.R. 3:7-1(b), 3:7-2(d), 4:48-2, 4:49-1(a)(b). Amended July 7, 1971 to be effective September 13, 1971; paragraph (d) amended July 14, 1972 to be effective September 5, 1972; paragraph (d) amended June 29, 1973 to be effective September 10, 1973; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraph (d) amended July 29, 1977 to be effective September 6, 1977; paragraph (d) amended July 21, 1980 to be effective September 8, 1980; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (d) amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998.
1:8-3. Examination of Jurors; Challenges
 (a) Examination of Jurors. For the purpose of determining whether a challenge should be interposed, the court shall interrogate the prospective jurors in the box after the required number are drawn without placing them under oath. The parties or their attorneys may supplement the court's interrogation in its discretion. At trials of crimes punishable by death, the examination shall be made of each juror individually, as his name is drawn, and under oath.
 (b) Challenges in the Array; Challenges for Cause. Any party may challenge the array in writing on the ground that the jurors were not selected, drawn or summoned according to law. A challenge to the array shall be decided before any individual juror is examined. A challenge to any individual juror which by law is ground of challenge for cause must be made before the juror is sworn to try the case, but the court for good cause may permit it to be made after the juror is sworn but before any evidence is presented. All challenges shall be tried by the court.
 (c) Peremptory Challenges in Civil Actions. In civil actions each party shall be entitled to 6 peremptory challenges. Parties represented by the same attorney shall be deemed 1 party for the purposes of this rule. Where, however, multiple parties having a substantial identity of interest in one or more issues are represented by different attorneys, the trial court in its discretion may, on application of counsel prior to the selection of the jury, accord the adverse party such additional number of peremptory challenges as it deems appropriate in order to avoid unfairness to the adverse party.
 (d) Peremptory Challenges in Criminal Actions. Upon indictment for kidnapping, murder, aggravated manslaughter, manslaughter, aggravated assault, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, aggravated arson, arson, burglary, robbery, forgery if it constitutes a crime of the third degree as defined by N.J.S.A. 2C:21-1b, or perjury, the defendant shall be entitled to 20 peremptory challenges if tried alone and to 10 such challenges when tried jointly; and the State shall have 12 peremptory challenges if the defendant is tried alone and 6 peremptory challenges for each 10 afforded defendants when tried jointly. In other criminal actions each defendant shall be entitled to 10 peremptory challenges and the State shall have 10 peremptory challenges for each 10 challenges afforded defendants. The trial judge shall have the discretionary authority to increase proportionally the number of peremptory challenges available to the defendant and the State in any case in which the sentencing procedure set forth in subsection c. of N.J.S. 2C:11-3 might be utilized. When the case is to be tried by a foreign jury, each defendant shall be entitled to 5 peremptory challenges, and the State 5 peremptory challenges for each 5 peremptory challenges afforded defendants.
 (e) Order of Exercising of Peremptory Challenges.
• (1) In any case in which each side is entitled to an equal number of challenges, those challenges shall alternate one by one, with the State in a criminal case and the plaintiff in a civil case exercising the first challenge.
• (2) In any case in which there is more than one defendant and/or an uneven number of peremptory challenges, the court shall establish the order of challenge, which shall be set forth on the record prior to the commencement of the jury selection process.
• (3) The passing of a peremptory challenge by any party shall not constitute a waiver of the right thereafter to exercise the same against any juror, unless all parties pass successive challenges.
 (f) Conference Before Examination. Prior to the examination of the prospective jurors, the court shall hold a conference on the record to determine the areas of inquiry during voir dire. Attorneys shall submit proposed voir dire questions in writing in advance. If requested, the court shall determine whether the attorneys may participate in the questioning of the prospective jurors and, if so, to what extent. During the course of the questioning, additional questions of prospective jurors may be requested and asked as appropriate under the circumstances. The judge shall rule on the record on the proposed voir dire questions and on any requested attorney participation.
Note: Source - R.R. 3:7-2(b)(c), 4:48-1, 4:48-3. Paragraphs (c) and (d) amended July 7, 1971 to be effective September 13, 1971; paragraph (d) amended July 21, 1980 to be effective September 8, 1980; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (d) amended July 22, 1983 to be effective September 12, 1983; paragraph (d) amended July 26, 1984 to be effective September 10, 1984; paragraph (d) amended November 5, 1986 to be effective January 1, 1987; paragraph (c) amended November 7, 1988 to be effective January 2, 1989; paragraph (e) added July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (f) added July 5, 2000 to be effective September 5, 2000; paragraph (f) amended July 27, 2006 to be effective September 1, 2006.
1:8-4. Foreperson
Juror number one shall be the foreperson; but if that juror is thereafter selected as an alternate juror or otherwise discharged, then the juror next drawn on the impanelling of a jury, who remains on the jury for the determination of the issues, shall be the foreperson.
Note: Source-R.R. 3:7-2(e), 4:48-2 (last phrase). Amended July 7, 1971 to be effective September 13, 1971, former rule deleted and new rule adopted June 29, 1973 to be effective September 10, 1973; caption and text amended June 29, 1990 to be effective September 4, 1990.
1:8-5. Availability of Petit Jury List
The list of the general panel of petit jurors shall be made available by the clerk of the court to any party requesting the same at least ten days prior to the date fixed for trial. In cases where the death penalty may be imposed, the list shall be made available to any party requesting it at least twenty days prior to the date fixed for trial.
Note: Source-R.R. 3:7-2(a). Amended July 16, 1979 to be effective September 10, 1979; amended September 28, 1982 to be effective immediately.
1:8-6. Sequestration of Juries
 (a) Prior to Instructing of Jury. The jury shall not be sequestered in any action, civil or criminal, prior to the instructing of the jury by the court, unless the court, in its discretion so orders on its finding that there are extraordinary circumstances requiring sequestration for the protection of the jurors or in the interests of justice.
 (b) Following Instructing of Jury. Following the instructing of the jury by the court and during the course of deliberations, the court may, in its discretion, in both civil and criminal actions, permit the dispersal of the jury for the night, for meals, and during other authorized intermissions in the deliberations.
Note: Source-R.R. 3:7-2(f). Amended July 14, 1972 to be effective September 5, 1972.
1:8-7. Requests to Charge the Jury
 (a) Generally. Either within the time provided by R. 4:25-7 or thereafter but before the close of the evidence, as to issues not anticipated prior to trial, any party may submit written requests that the court instruct the jury on the law as set forth in the requests. The requests shall make specific reference to the Model Civil Jury Charges, if applicable, or to applicable law. Copies of the requests shall be furnished all parties at the time they are submitted to the court. The court shall, on the record, rule on the requests prior to closing arguments to the jury. A verbatim record shall be made of any charge conference the court holds. Objections to the instructions to the jury shall be in accordance with R. 1:7-2.
 (b) In Criminal Cases. Prior to closing arguments, the court shall hold a charge conference on the record in all criminal cases. At the conference the court shall advise counsel of the offenses, defenses and other legal issues to be charged and shall rule on requests made by counsel.
Note: Source-R.R. 3:7-7(a), 4:52-1 (first and second sentences); amended July 21, 1980 to be effective September 8, 1980; paragraph (a) caption and new paragraph (b) added July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000.
1:8-8. Materials to be Submitted to the Jury; Note-taking; Juror Questions
 (a) Materials. The jury may take into the jury room the exhibits received in evidence, and if the court so directs in a civil action, a list of the claims made by the parties and of the defenses to such claims, a list of the various items of damage upon which proof was submitted at the trial and a list of the verdicts that may be properly found by the jury. Any such list may be prepared by an attorney or the court, but before delivery to the jury, it shall be submitted to all parties. The court, in its discretion, may submit a copy of its instructions to the jury for its consideration in the jury room. In civil cases, the court may consider the following factors in exercising its discretion to provide a copy of its instructions to the jury: (1) the track to which the case is assigned; (2) a request of one or more parties for submission of written instructions to the jury; (3) the length of the trial; (4) the complexity of the issues and charge; (5) whether the parties timely submitted a proposed charge to the court; (6) whether providing written instructions would unreasonably delay the proceedings; and (7) any other factor based upon the circumstances of the case. The court may also, in its discretion and at such time and in such format as it shall determine, permit the submission to the jury of individual copies of any exhibit provided an appropriate request to employ that technique was made prior to trial on notice to all parties and provided further that the court finds that no party will be unduly prejudiced by the procedure.
 (b) Juror Note-taking. Prior to opening statements, the attorneys or any party may request that the jury be permitted to take notes during the trial or portion thereof, including opening and closing statements. If the court determines to permit note-taking after all parties have had an opportunity to be heard, it shall provide the jurors with note-taking materials and shall take such steps as will ensure the security and confidentiality of each juror's notes.
 (c) Juror Questions. Prior to the commencement of the voir dire of prospective jurors in a civil action, the court shall determine whether to allow jurors to propose questions to be asked of the witnesses. The court shall make its determination after the parties have been given an opportunity to address the issue, but they need not consent. If the court determines to permit jurors to submit proposed questions, it shall explain to the jury in its opening remarks that subject to the rules of evidence and the court's discretion, questions by the jurors will be allowed for the purpose of clarifying the testimony of a witness. The jurors' questions shall be submitted to the court in writing at the conclusion of the testimony of each witness and before the witness is excused. The court, with counsel, shall review the questions out of the presence of the jury. Counsel shall state on the record any objections they may have, and the court shall rule on the permissibility of each question. The witness shall then be recalled, and the court shall ask the witness those questions ruled permissible. Counsel shall, on request, be permitted to reopen direct and cross-examination to respond to the jurors' questions and the witness's answers. A witness who has been excused shall not be recalled to respond to juror questions unless all counsel and the court agree or unless the court otherwise orders for good cause shown.
Note: Source – R.R. 4:52-2; caption and text amended July 15, 1982 to be effective September 13, 1982; amended and paragraphs (a) and (b) designated July 10, 1998 to be effective September 1, 1998; new paragraph (c) added July 12, 2002 to be effective September 3, 2002; caption amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended July 19, 2012 to be effective September 4, 2012.
1:8-9. Return of Verdict
In every trial by jury the verdict shall be returned by the jury to the judge in open court. The verdict shall be unanimous in all criminal actions and shall be rendered in civil actions by the number required by R. 1:8-2(c).
Note: Source-R.R. 3:7-9(a), 4:40-4, 7:8-6; amended July 10, 1998 to be effective September 1, 1998.
1:8-10. Polling of Jury
Before the verdict is recorded, the jury shall be polled at the request of any party or upon the court's motion, and it shall be polled in every civil action if the verdict is not unanimous. If the poll discloses that there is not unanimous concurrence in a criminal action or concurrence by the number required by R. 1:8-2(c) in a civil action, the jury may be directed to retire for further deliberations or discharged.
Note: Source-R.R. 3:7B9(d), 4:49B2; amended July 10, 1998 to be effective September 1, 1998.
RULE 1:9. Subpoenas
1:9-1. For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena
A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena.
Note: Source-R.R. 3:5-10(a)(b), 4:46-1, 6:3-7(a), 7:4-3 (second paragraph), 8:4-9(a)(b); caption and text amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994; amended January 5, 1998 to be effective February 1, 1998.
1:9-2. For Production of Documentary Evidence and Electronically Stored Information; Notice in Lieu of Subpoena
A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).
Note: Source - R.R. 3:5-10(c), 4:46-2, 6:3-7(b), 7:4-3 (second paragraph), 8:4-9(c); amended November 27, 1974 to be effective April 1, 1975; amended June 29, 1990 to be effective September 4, 1990; caption and text amended July 27, 2006 to be effective September 1, 2006.
1:9-3. Service
A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof.
Note: Source-R.R. 3:5-10(b) (last sentence), 3:5-10(d), 4:46-3, 5:2-2, 6:3-7(c), 7:4-6(a) (last sentence), 8:4-9(d); amended July 13, 1994 to be effective September 1, 1994.
1:9-4. Place of Service
A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.
Note: Source-R.R. 3:5-10(e), 6:3-7(d), 7:4-6(b), 8:4-9(e).
1:9-5. Failure to Appear
Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.
Note: Source-R.R. 3:5-10(f), 6:3-7(e), 8:4-9(f); amended July 13, 1994 to be effective September 1, 1994.
1:9-6. Enforcement of Subpoena of Public Officer or Agency
 (a) Ex Parte Application for Compliance. Where by statute a public officer or agency may apply ex parte to the court to compel a person to testify or to produce or file books, papers, documents or other objects in accordance with the subpoena or direction of the officer or agency, or to refrain from certain misconduct, the application may be made by motion supported by affidavit. The court may order the person to appear before the officer or agency and there to proceed as may be directed in the order.
 (b) Application for Compliance on Notice. If in such a case the statute does not provide for an application ex parte, an order to show cause may issue on the motion and supporting affidavit. The order shall be made returnable in not less than 2 nor more than 10 days, requiring such person to show cause before the court why the subpoena or other direction should not be complied with or such misconduct refrained from, and upon the return of the order the court shall afford the person an opportunity to be heard under oath. The court may order a person determined by it to have failed, without justification, to obey the subpoena or other direction, answer a proper question, produce any such thing, or to have been guilty of misconduct, to appear before the officer or agency at a time or times and place mentioned in the order and there to proceed as may be directed in the order.
 (c) Application for Sanctions. Where a statute provides that failure of a person to obey a subpoena or order of a public officer or administrative agency or a receiver, to testify, to answer a proper question, or to produce books, papers, documents or other objects, or that misconduct on the part of a person attending a hearing, shall be punishable by the court in the same manner as like failure or misconduct is punishable in an action pending in the court, the matter shall be brought before the court by motion supported by affidavit stating the circumstances. Upon the motion the court may issue an order to show cause, returnable in not less than 2 nor more than 10 days, requiring the person to show cause before the court why punishment should not be ordered; or the court may issue an attachment. If the court determines that the failure or misconduct above mentioned was without justification, it may punish as for a contempt of court.
Note: Source-R.R. 4:46-5(a)(b)(c); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
RULE 4:35. Trial By Jury Or By The Court
4:35-1. Demand for Jury Trial
 (a) Demand; Time; Manner. Except as otherwise provided by R. 4:67-5 (summary actions), any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing not later than 10 days after the service of the last pleading directed to such issue. Such demand may be appended to the party's pleading.
 (b) Demand; Specification of Issues. A party's demand may specify the issues to be so tried; otherwise the party shall be deemed to have demanded trial by jury for all issues so triable. If the demand is for trial by jury for only some of the issues, any other party within 10 days after service of the demand or such shorter or longer time as the court orders, may serve a demand for trial by jury of any other or all of the issues so triable.
 (c) Waiver. The failure of a party to serve a demand as required by paragraphs (a) and (b) of this rule constitutes a waiver of trial by jury.
 (d) Withdrawal of Demand; Consent. When trial by jury has been demanded as provided by this rule, the trial of all issues so demanded shall be by jury, unless all parties or their attorneys, by written and filed stipulation or oral stipulation made in open court and entered on the record, consent to trial by the court without a jury, or unless the court on a party's or its own motion finds that a right of trial by jury of some or all of those issues does not exist.
Note: Source-R.R. 4:39-1, 4:39-2, 4:39-3, 4:40-3. Paragraph (d) amended July 15, 1982 to be effective September 13, 1982; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
4:35-2. Advisory Jury and Trial by Consent
The court on motion or its own initiative may try with an advisory jury any issue not triable of right by a jury, or it may, with the consent of all parties appearing at the trial, order a trial of any such issue with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Note: Source-R.R. 4:40-1.
4:35-3. Trial by the Court
Except as provided by R. 4:35-1(d) and 4:35-2, all issues of fact not triable of right by a jury shall be decided by the court without a jury, whether or not any other issues are submitted to a jury. If certain of the issues are to be decided by a jury and others by the court, the court shall determine the sequence in which the issues shall be tried.
Note: Source-R.R. 4:40-2.
4:35-4. Continuous Trials
Insofar as practicable, all jury and non-jury trials should be continuous and uninterrupted, and should run for the full day as fixed by R. 1:30-3.
Note: Adopted July 5, 2000 to be effective September 5, 2000.
RULE 4:37. Dismissal Of Actions
4:37-1. Voluntary Dismissal; Effect Thereof
 (a) By Plaintiff; By Stipulation. Subject to the provisions of R. 4:32-2(e) (class actions), R. 4:53-1 (receivership actions) and R. 4:60-18 (attachment actions), an action may be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or by filing a stipulation of dismissal specifying the claim or claims being dismissed, signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice.
 (b) By Order of Court. Except as provided by paragraph (a) hereof, an action shall be dismissed at the plaintiff's instance only by leave of court and upon such terms and conditions as the court deems appropriate. If a counterclaim has been filed and served by a defendant prior to being served with plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
Note: Source -- R.R. 4:42-1(a)(b); paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended August 1, 2006 to be effective September 1, 2006.
4:37-2. Involuntary Dismissal; Effect Thereof
 (a) For Failure to Comply With Rule or Order. For failure of the plaintiff to cause a summons to issue within 15 days from the date of the Track Assignment Notice or to comply with these rules or any order of court, the court in its discretion may on defendant's motion dismiss an action or any claim against the defendant. Such a dismissal shall be without prejudice unless otherwise specified in the order.
 (b) At Trial-Generally. After having completed the presentation of the evidence on all matters other than the matter of damages (if that is an issue), the plaintiff shall so announce to the court, and thereupon the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to relief. Whether the action is tried with or without a jury, such motion shall be denied if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff's favor.
 (c) At Trial-Claim for Contribution. When a claim for contribution has been asserted pursuant to R. 4:7-5, a motion for dismissal as to any defendant against whom such claim has been asserted shall be held in abeyance until the close of all the evidence, and at that time the granting of the motion shall constitute an adjudication upon the merits of the claim for contribution. If the motion is denied, the claim for contribution need not be separately submitted to the jury but the verdict as to the liability of each defendant shall determine which of the parties are joint tort feasors. If the amount of the contribution of each defendant may be determined as a matter of law, the judge shall enter judgment thereon at the request of any party. If any party asserts any settlement or part payment or other matter not determined in the negligence action which may affect the amount of the contribution, and there is a dispute as to any material fact, a separate trial shall be held to determine the same.
 (d) Dismissal With Prejudice; Exceptions. Unless the order of dismissal otherwise specifies, a dismissal under R. 4:37-2(b) or (c) and any dismissal not specifically provided for by R. 4:37, other than a dismissal for lack of jurisdiction, operates as an adjudication on the merits.
 (e) Continued Participation in Subsequent Proceedings. If a claim is dismissed as to a defendant before final judgment as to all issues and all parties, that defendant shall have notice of and the right to participate in any subsequent proceedings in the case.
Note: Source-R.R. 4:12-2(a)(b) (first four sentences), 4:13-6(b)(2); paragraph (c) caption and text amended January 16, 1975 to be effective April 1, 1975; paragraph (e) adopted July 17, 1975 to be effective September 8, 1975; paragraphs (a), (b) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended November 1, 2002 to be effective immediately.
4:37-3. Dismissal of Counterclaim, Cross-Claim or Third-Party Claim
The provisions of R. 4:37-1 and 4:37-2(a), (b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to R. 4:37-1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
Note: Source-R.R. 4:42-3.
4:37-4. Costs of Previously Dismissed Action
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith.
Note: Source-R.R. 4:42-4; amended July 13, 1994 to be effective September 1, 1994.
RULE 4:38. Consolidation; Separate Trials
4:38-1. Consolidation
 (a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated. If the actions are not triable in the same county or vicinage, the order shall be made by the Assignment Judge of the county in which the venue is laid in the action first instituted on a party's motion, the judge's own initiative, or on certification of the matter to the judge by a judge of the Law or Chancery Division. A motion to consolidate an action pending in the Special Civil Part with an action pending in the Chancery Division or the Civil Part of the Law Division shall be heard, regardless of which action was first filed, in the county in which venue is laid in the Chancery or Law Division, Civil Part action. If the motion is granted, the Special Civil Part action shall be consolidated with the Chancery or Law Division, Civil Part action.
 (b) Actions in the Superior and Other Courts. When an action is pending in the Superior Court, and another action involving a common question of law or fact arising out of the same transaction or series of transactions is pending in any other court, the Superior Court on a party's or its own motion may remove the action from the other court and consolidate it with the action in the Superior Court.
 (c) Order; Further Proceedings. Unless the court otherwise directs in the order of consolidation, all papers thereafter filed in the consolidated action shall (1) include the caption and docket number of each separate action, that of the earliest instituted action to be listed first, and (2) state with specificity the pleading or motion to which the paper is responsive. If actions pending in different venues are consolidated, the order shall specify the venue in which the consolidated action shall proceed and the party having the responsibility to file a copy of the order with the deputy clerk of the Superior Court in each county from which an action is being transferred. The order of consolidation may also include such terms as the court may prescribe to expedite further proceedings. In addition to the filing required by R. 1:6-4, a copy of the order of consolidation shall be included in the deputy clerk of the Superior Court's file of each separate action.
Note: Source-R.R. 4:43-1(a)(b)(c)(d)(e); paragraph (b) amended, paragraphs (c) and (d) deleted and former paragraph (e) redesignated as paragraph (c) July 26, 1984 effective September 10, 1984; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 9, 2008 to be effective September 1, 2008.
4:38-2. Separate Trials
 (a) Severance of Claims. The court, for the convenience of the parties or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
 (b) Separation of Liability and Damage Claims. Whenever multiple parties, issues or claims are presented in individual or consolidated actions and the nature of the action or actions is such that a trial of all issues as to liability and damages may be complex and confusing, or whenever the court finds that a substantial saving of time would result from trial of the issue of liability in the first instance, the court may on a party's or its own motion, direct that the issues of liability and damages be separately tried. Except in extraordinary circumstances, the issue of liability shall be tried first, and if the order of bifurcation otherwise directs, the reasons therefor shall be explicitly stated therein.
Note: Source-R.R. 4:43-2(a)(b). Caption of paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended January 19, 1989 to be effective February 1, 1989.
RULE 4:39. Verdicts
4:39-1. Special Verdicts
The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact, in which case it may submit to the jury either written questions which can be categorically or briefly answered or written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring written findings thereon as it deems appropriate. The court shall instruct the jury concerning the matters submitted as is necessary to enable it to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issues so omitted unless before the jury retires submission to the jury is demanded. The court may make a finding as to an issue omitted without such demand, or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
Note: Source-R.R. 4:50-1; amended July 13, 1994 to be effective September 1, 1994.
4:39-2. General Verdict Accompanied by Answer to Interrogatories
The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall direct the jury both to make written answers and to render a general verdict, and shall instruct it, as is necessary, to enable it to do so. If the general verdict and the answers are consistent, the court shall direct the entry of the appropriate judgment upon the verdict and answers. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or may return the jury for further consideration of its answers and verdict, or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, the court shall not direct the entry of judgment but may return the jury for further consideration of its answers and verdict or may order a new trial.
Note: Source-R.R. 4:50-2.
4:39-3. Omissions in Verdict in Action to Recover Personal Property
If, in an action to recover personal property unlawfully detained, or on an issue concerning several things in one count, the verdict fails to find for part of them, such verdict shall stand, but the plaintiff shall be barred of title to the things omitted.
Note: Source-R.R. 4:50-3; amended July 13, 1994 to be effective September 1, 1994.
RULE 4:40. Motion For Judgment
4:40-1. Motion for Judgment at Trial
A motion for judgment, stating specifically the grounds therefor, may be made by a party either at the close of all the evidence or at the close of the evidence offered by an opponent. If the motion is made prior to the close of all the evidence and is denied, the moving party may then offer evidence without having reserved the right to do so. A motion for judgment which is denied is not a waiver of trial by jury even if all parties to the action have so moved.
Note: Source-R.R. 4:51-1.
4:40-2. Reservation of Decision on Motion; Motion for Judgment Notwithstanding the Verdict
 (a) Reservation of Decision. The court may reserve decision on a motion for judgment made at the close of all the evidence, submit the case to the jury and then decide the motion either before or within 10 days after the verdict, or if no verdict is returned, within 10 days after the jury's discharge. The court may enter judgment in accordance with the motion or in the interest of justice order a new trial.
 (b) Renewal of Motion. If a motion for judgment is denied and the case submitted to the jury, the motion may be renewed in accordance with the procedure prescribed by R. 4:49-1 (new trial) within 20 days after the verdict or the jury's discharge. A motion so renewed may include in the alternative a motion for a new trial, and every motion made by a party for a new trial shall be deemed to include, in the alternative, a renewal of any motion for judgment made by that party at the close of the evidence. If the motion is granted on renewal thereof, the court shall nevertheless rule on the motion for a new trial determining whether it should be granted if the judgment is thereafter reversed or vacated. Briefs shall be submitted with the renewal of the motion for judgment. Failure to renew the motion shall not preclude appellate review of the denial of the motion made at trial.
 (c) Motion of Party Aggrieved by Setting Aside. Within 20 days after service of an order setting aside a verdict or judgment under this rule, the party thereby aggrieved may move for a new trial or renew a motion for judgment.
Note: Source-R.R. 4:51-2(a)(b)(c)(d)(e); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c) amended July 5, 2000 to be effective September 5, 2000.
RULE 4:47. Entry Of Judgement
Subject to the provisions of R. 4:42-2 (judgment on multiple claims) judgment shall be entered as follows:
 (a) Unless the court otherwise orders, the clerk shall forthwith prepare, sign and enter the judgment in the Civil Docket without awaiting further direction by the court: (1) upon a general verdict of a jury; (2) upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, and (3) upon a special verdict or general verdict accompanied by answers to interrogatories which is forthwith convertible by the court into a money judgment or a judgment that relief shall be denied. Upon payment by the proponent of the judgment of the fee prescribed by N.J.S.A. 22A:2-7, the judgment shall be entered in the Civil Judgment and Order Docket in accordance with R. 4:101-2.
 (b) Where the decision of the court grants other than monetary relief, or is reserved or where a special verdict or a general verdict accompanied by answers to interrogatories is not convertible pursuant to paragraph (a), the court shall promptly approve the form of judgment and the clerk of the court shall enter it.
The notation of a judgment in the Civil Docket constitutes the entry of the judgment, and the judgment shall not take effect before such entry unless the court in the judgment shall, for reasons specified therein, direct that it take effect from the time it is signed, but no such direction shall affect the lien or priority of the judgment. The entry of the judgment shall not be delayed for the taxing of costs.
Note: Source-R.R. 4:59. Amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended July 26, 1984 to be effective September 10, 1984; amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended June 28, 1996 to be effective September 1, 1996.
RULE 4:49. New Trials; Amendment Of Judgments
4:49-1. Motion for New Trial
 (a) Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge. On a motion for a new trial in an action tried without a jury, the trial judge may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. The trial judge shall grant the motion if, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a miscarriage of justice under the law.
 (b) Time for Motion, Cross-Motion; Affidavits. A motion for a new trial shall be served not later than 20 days after the court's conclusions are announced in nonjury actions or after the return of the verdict of the jury. The motion shall be noticed for hearing and argued no later than the second regular motion day following the service thereof, unless the court for good cause shown orders the hearing fixed for either an earlier or a later date. The opposing party may, within 10 days after service of the motion, serve a cross-motion for a new trial returnable at the same time and place as the motion. If a motion for a new trial is based upon affidavits they shall be served with the motion; opposing affidavits shall be served within 10 days thereafter which period may be extended for an additional period not exceeding 20 days either by written stipulation of the parties or court order. The court may permit reply affidavits. Except in special circumstances the motion shall be decided by the judge on trial notes without awaiting a transcript of the testimony.
 (c) On Initiative of Court. Not later than 20 days after entry of judgment the court on its own motion may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter the court may grant a motion for a new trial timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.
 (d) Motion for New Trial as Not Barring Appeal. A motion for a new trial or any action or adverse determination on the motion shall not bar an appeal or the review of any matter on appeal.
Note: Source-R.R. 4:61-1(a), 4:61-2, 4:61-3, 4:61-4, 4:61-5. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998.
4:49-2. Motion to Alter or Amend a Judgment or Order
Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred, and shall have annexed thereto a copy of the judgment or order sought to be reconsidered and a copy of the court's corresponding written opinion, if any.
Note: Source — R.R. 4:61-6. Amended November 5, 1986 to be effective January 1, 1987; amended July 14, 1992 to be effective September 1, 1992; amended July 10, 1998 to be effective September 1, 1998; amended July 19, 2012 to be effective September 4, 2012.
RULE 4:50. Relief From Judgment Or Order
4:50-1. Grounds of Motion
On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.
Note: Source-R.R. 4:62-2 (first sentence); amended July 15, 1982 to be effective September 13, 1982; amended July 13, 1994 to be effective September 1, 1994.
4:50-2. Time of Motion
The motion shall be made within a reasonable time, and for reasons (a), (b) and (c) of R. 4:50-1 not more than one year after the judgment, order or proceeding was entered or taken.
Note: Source-R.R. 4:62-2 (second sentence).
4:50-3. Effect of Motion
A motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment, nor does this rule limit the power of a court to set aside a judgment, order or proceeding for fraud upon the court or to entertain an independent action to relieve a party from a judgment, order or proceeding.
Note: Source-R.R. 4:62-2 (third and fourth sentences).
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