Law Office Of Paul DePetris
paul@newjerseylemon.com

Why Answer A New Jersey Special Civil Part Motion?

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


WHY ANSWER A NEW JERSEY SPECIAL CIVIL PART MOTION?
Many people ask why answer a New Jersey Special Civil Part motion?  They think they can just ignore it – hoping the problem will magically go away.  However, failing to properly answer a New Jersey Special Civil Part motion could lead to the entry of a New Jersey Special Civil Part order granting the New Jersey Special Civil Part motion against you!    If a New Jersey Special Civil Party files a New Jersey Special Civil Part motion, the New Jersey Special Civil Part order sought will be entered in the discretion of the New Jersey Special Civil Part unless the New Jersey Special Civil Part lawyer or the New Jersey Special Civil Part pro se party upon whom it has been served notifies the clerk of the New Jersey Special Civil Part and the New Jersey Special Civil Part lawyer for the New Jersey Special Civil Part moving party or the New Jersey Special Civil Part pro se party in writing within ten days after the date of service of the New Jersey Special Civil Part motion that the responding party objects to the entry of the New Jersey Special Civil Part order.  Ignoring a New Jersey Special Civil Part could result in dismissal of a New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim, an award of fines or fees against you, the entry of a money judgment being entered against you or the dismissal of your New Jersey Special Civil Part case and possibly exposes you to the risk of having your wages attached, your bank accounts frozen and the money given to the winning parties in the New Jersey Special Civil Part case, your personal property sold and a lien put against any homes or other real property you may own.  You must respond to the New Jersey Special Civil Part motion in writing and in the proper way and before the deadline for a response expires.


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION FOR SUMMARY JUDGMENT?
Why answer a New Jersey Special Civil Part motion for summary judgment?  Because if you fail to do so, it could mean the end of some or all of your New Jersey Special Civil Part complaint or New Jersey Special Civil Part defense.  A New Jersey Special Civil Part summary judgment motion is a Special Civil plaintiff or Special Civil defendant’s formal request, made by an application called a Special Civil motion, to have some or all portions of a case decided by a Special Civil judge in that party’s favor and before a trial occurs.  The party making the New Jersey Special Civil Part summary judgment motion is called the “Special Civil moving party” or “movant” and the party responding to the New Jersey Special Civil Part summary judgment motion is called the “respondent” or “responding party” or “Special Civil nonmoving party” or “opposing Special Civil party”.  The papers submitted with the Special Civil moving party’s motion are called “Special Civil moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part summary judgment motion are called “opposition papers.”  The date that the New Jersey Special Civil Part summary judgment motion is scheduled to be heard is called its “return date” or “hearing date”.    Special Civil judges decide issues of law in a case.  In jury trials, juries decide factual issues of a case and in trials without a jury (called “nonjury trials”) a Special Civil judge decides the facts of a case.   A New Jersey Special Civil Part Summary Judgment Motion is a type of motion that seek the dismissal of  part or all of a case or of the defense to a case without the need for holding a trial.  A Special Civil plaintiff or Special Civil defendant seeking any affirmative relief may, after the service of the Special Civil pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. The judgment or order sought shall be rendered forthwith if the Special Civil pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the Special Civil moving party is entitled to a Special Civil judgment or Special Civil order as a matter of law. An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-Special Civil moving party, would require submission of the issue to the trier of fact. The New Jersey Special Civil Part shall find the facts and state its conclusions in accordance with R. 1:7-4. A summary judgment or order, interlocutory in character, may be rendered on any issue in the Special Civil action (including the issue of liability) although there is a genuine factual dispute as to any other issue (including any issue as to the amount of damages). Subject to the provisions of R. 4:42-2 (judgment upon multiple claims), a summary judgment final in character may be rendered in respect of any portion of the damages claimed.
In a New Jersey Special Civil Part summary judgment motion, the Special Civil moving party claims that some or all of the important facts of the New Jersey Special Civil Part case are not in dispute and therefore, that the law entitles the Special Civil moving party to a judgment on part or all of the New Jersey Special Civil Part case.  Special Civil summary judgment motions are usually successful where there are no important issues of fact to be decided at trial and therefore, the Special Civil judge is able to decide the New Jersey Special Civil Part case before the Special Civil trial.   The standard for determining Special Civil summary judgment motions is that, if the Special Civil pleadings, depositions, answers to interrogatories and admissions on file, together with the New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support or in opposition to the New Jersey Special Civil Part summary judgment motion, if any, show that there is no genuine issue as to any material fact challenged and that the Special Civil moving party is entitled to summary judgment as a matter of law.   Under the summary judgment standard, not all issues of fact are relevant to the New Jersey Special Civil Part’s decision of whether to grant or deny summary judgment.  Instead, an issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the New Jersey Special Civil Part summary judgment motion, together with all legitimate inferences therefrom favoring the non-Special Civil moving party, would require submission of the issue to the Special Civil judge or jury deciding the facts of the New Jersey Special Civil Part case (called the “trier of fact”).   If a case lacks material factual disputes, the New Jersey Special Civil Part simply applies the appropriate law to the facts.  Moreover, disputed facts of an insubstantial nature should not prevent the New Jersey Special Civil Part from granting a New Jersey Special Civil Part summary judgment motion.  Even where the Special Civil nonmoving party disputes an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the New Jersey Special Civil Part may grant the New Jersey Special Civil Part summary judgment motion.  


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM?
Why answer a New Jersey Special Civil Part motion to dismiss complaint for failure to state a claim?  Because if you fail to do so, it could mean the end of some or all of your New Jersey Special Civil Part complaint or New Jersey Special Civil Part defense.  A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is a party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a New Jersey Special Civil Part complaint, New Jersey Special Civil Part counterclaim or New Jersey Special Civil Part crossclaim dismissed for a failure to state a valid legal claim.  It may be made “with prejudice” – essentially a dismissal forever or “without prejudice” – essentially a temporary dismissal.  If, on a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, matters outside the Special Civil complaint (or other Special Civil pleading) are presented to and not excluded by the court, the Special Civil motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable opportunity to present all material pertinent to such a Special Civil motion.   Unless the Special Civil motion is considered by the New Jersey Special Civil Part as one for summary judgment and disposed of as provided by R. 4:46, when deciding a a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, the New Jersey Special Civil Part confines its inquiry to a consideration of the legal sufficiency of the alleged facts apparent on the face of the challenged claim.  Under this analysis, all facts alleged in the complaint and legitimate inferences drawn therefrom are deemed admitted.  When deciding whether the complaint states a valid claim, the New Jersey Special Civil Part should dismiss the complaint if its factual allegations are clearly insufficient to support a claim upon which relief can be granted.  Failing to properly answer a New Jersey Special Civil Part motion to dismiss for failure to state a claim could mean the end of your New Jersey Special Civil Part case.   If a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is granted, it could mean that the challenged New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim will be temporarily dismissed – suspending the New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim’s prosecution – or dismissed forever – preventing the person filing the New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim from ever recovering money or other relief against the New Jersey Special Civil Part parties who are defending against the New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim.  If you opposed and lost a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, unless otherwise ordered by the New Jersey Special Civil Part, some or all of the relief sought in the Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim shall be granted by the New Jersey Special Civil Part. 


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS COMPLAINT FOR FAILURE TO ANSWER INTERROGATORIES?
Why answer a New Jersey Special Civil Part motion to dismiss complaint for failure to answer interrogatories?  Because if you fail to do so, it could mean the temporary or permanent end of your New Jersey Special Civil Part complaint.  If you fail to answer or ignore New Jersey Special Civil Part interrogatories and you are the New Jersey Special Civil Part plaintiff, then you can face court penalties.  If the New Jersey Special Civil Part defendant requesting answers to the New Jersey Special Part interrogatories in New Jersey Special Civil Part court files the proper papers with the New Jersey Special Civil Part court, your New Jersey Special Civil Part complaint could be dismissed temporarily, suspending your New Jersey Special Civil Part lawsuit and possibly even dismissed forever, leading to the dismissal of your New Jersey Special Civil Part lawsuit and potentially preventing you from pursuing your case or recovering any damages or other relief from the New Jersey Special Civil Part court.   Also, the New Jersey Special Civil Part defendant may ask the New Jersey Special Civil Part court to enter a New Jersey Special Civil Part court order requiring you to pay attorney’s fees and costs to your New Jersey Special Civil Part opponent for your failure to answer New Jersey Special Civil Part interrogatories!   If your New Jersey Special Civil Part complaint is temporarily dismissed and you thereafter decide to answer the New Jersey Special Civil Part interrogatories, you shall have to make a New Jersey Special Civil Part motion to reinstate your New Jersey Special Civil Part complaint and shall have to pay the New Jersey Special Civil Part court a fee to reinstate your New Jersey Special Civil Part complaint.  Otherwise, your New Jersey Special Civil Part complaint may be dismissed for good once the New Jersey Special Civil Part defendant files a New Jersey Special Civil Part motion to dismiss the New Jersey Special Civil Part complaint once and for all – called a with prejudice dismissal.


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO STRIKE ANSWER FOR FAILURE TO ANSWER INTERROGATORIES?
Why answer a New Jersey Special Civil Part motion to dismiss complaint for failure to answer interrogatories?  Because if you fail to do so, it could mean the temporary or permanent end of your New Jersey Special Civil Part defense to a complaint filed against you.  If you fail to answer or ignore New Jersey Special Civil Part interrogatories and you are the New Jersey Special Civil Part defendant, then you can face court penalties.  If the New Jersey Special Civil Part plaintiff requesting answers to New Jersey Special Part interrogatories in New Jersey Special Civil Part court files the proper papers with the New Jersey Special Civil Part court, your New Jersey Special Civil Part answer could be suppressed or stricken, suspending your defense to the New Jersey Special Civil Part lawsuit and possibly even lead to the requesting party winning their New Jersey Special Civil Part case by getting a New Jersey Special Civil Part judgment in their favor. Also, the New Jersey Special Civil Part plaintiff may ask the New Jersey Special Civil Part court to enter a New Jersey Special Civil Part court order requiring you to pay attorney’s fees and costs to your New Jersey Special Civil Part opponent for your failure to answer New Jersey Special Civil Part interrogatories!   If your New Jersey Special Civil Part answer is temporarily suppressed or stricken and you thereafter decide to answer the New Jersey Special Civil Part interrogatories, you shall have to make a New Jersey Special Civil Part motion to reinstate your New Jersey Special Civil Part answer and shall have to pay the New Jersey Special Civil Part court a fee to reinstate your New Jersey Special Civil Part answer.  Otherwise, your New Jersey Special Civil Part answer may be stricken or suppressed for good once the New Jersey Special Civil Part plaintiff files a New Jersey Special Civil Part motion to suppress or strike the New Jersey Special Civil Part answer once and for all – called a with prejudice dismissal – and to enter a New Jersey Special Civil Part judgment in the New Jersey Special Civil Part plaintiff’s favor.


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO SUPPRESS ANSWER FOR FAILURE TO ANSWER INTERROGATORIES?
A New Jersey Special Civil Part motion to suppress answer for failure to answer interrogatories is the same type of New Jersey Special Civil Part motion as a New Jersey Special Civil Part motion to strike answer for failure to answer interrogatories.  See the discussion above about that type of New Jersey Special Civil Part motion.


WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO COMPEL MORE SPECIFIC ANSWERS TO INTERROGATORIES?
If you don’t fully answer New Jersey Special Civil Part interrogatories, a New Jersey Special Civil Part plaintiff or New Jersey Special Civil Part defendant can file a New Jersey Special Civil Part motion to compel more specific answers to interrogatories and ask for the New Jersey Special Civil Part court to impose penalties against you for the incomplete answer, including entry of a New Jersey Special Civil Part court order requiring you to pay attorney’s fees and costs to your New Jersey Special Civil Part opponent for your failure to fully answer New Jersey Special Civil Part interrogatories!   


CAN I FILE A LETTER TO THE NEW JERSEY SPECIAL CIVIL PART COURT INSTEAD OF WRITING A NEW JERSEY SPECIAL CIVIL PART ANSWER TO THE NEW JERSEY SPECIAL CIVIL PART MOTION?
While there are limited exceptions, to answer a New Jersey Special Civil Part motion, you can’t usually just write and file a letter with the New Jersey Special Civil Part Court – especially if you have to show the your New Jersey Special Civil Part court evidence that you deserve to win the your New Jersey Special Civil Part motion!   Letters do not take the place of a proper New Jersey Special Civil Part answer to a New Jersey Special Civil Part motion, especially in situations in which you must present to the New Jersey Special Civil Part court facts to support your defense to the New Jersey Special Civil Part motion!  If you just write a letter and try to file it as your New Jersey Special Civil Part answer to a New Jersey Special Civil Part motion, the New Jersey Special Civil Part Court may accept it but you shall expose yourself to losing the New Jersey Special Civil Part motion and having a New Jersey Special Civil Part order entered against you for the relief asked for in the New Jersey Special Civil Part motion.  To answer a New Jersey Special Civil Part motion properly, be sure to make certain that you write and file a proper answer to a New Jersey Special Civil Part motion.   Sometimes however, New Jersey Special Civil Part letter briefs may be sufficient to answer a New Jersey Special Civil Part motion.  However consult with a New Jersey Special Civil Part lawyer to make certain that a New Jersey Special Civil Part letter brief is sufficient to answer a New Jersey Special Civil Part motion.  Otherwise, you could compromise your New Jersey Special Civil Part case!  To answer a New Jersey Special Civil Part motion don’t take shortcuts – failure to properly answer the New Jersey Special Civil Part motion could result in the loss of your New Jersey Special Civil Part case!!


HOW DO I ANSWER A NEW JERSEY SPECIAL CIVIL PART MOTION?
To answer a New Jersey Special Civil Part motion, many people think they just show up at a New Jersey Special Civil Part motion hearing without first filing any papers answering the New Jersey Special Civil Part motion and that the New Jersey Special Civil Part court shall let them tell their story.  This is not usually how New Jersey Special Civil Part motions work!   Never assume you can just show up to New Jersey Special Civil Part court with documents and try to oppose a New Jersey Special Civil Part motion!   If you fail to file a written response to the New Jersey Special Civil Part motion in the time required by the New Jersey Court Rules, the New Jersey Special Civil Part motion may be decided against you!  Before being heard on a New Jersey Special Civil Part motion, you must usually file New Jersey Special Civil Part paperwork with the New Jersey Special Civil Part – normally, more than a simple letter.  The New Jersey Special Civil Part rules require motions to be answered a specific way.  Many New Jersey Special Civil Part plaintiffs and New Jersey Special Civil Part defendants fail to properly answer New Jersey Special Civil Part motions and lose the New Jersey Special Civil Part case because they failed to properly answer the New Jersey Special Civil Part motion filed against them.  New Jersey Special Civil Part motions are often complex and answering New Jersey Special Civil Part motions often requires many hours of work and the careful preparation of New Jersey Special Civil Part motion opposition papers and the timely filing and service of those New Jersey Special Civil Part motion opposition papers.   New Jersey Special Civil Parties that use New Jersey Special Civil Part forms are not guaranteed of success.  New Jersey Special Civil Part forms do not fill themselves out properly and New Jersey Special Civil Part forms are no substitute for competent New Jersey Special Civil Part legal advice by a New Jersey Special Civil Part attorney.  To answer a New Jersey Special Civil Part motion make sure you take all the proper steps!


To answer a New Jersey Special Civil Part motion, you must answer the New Jersey Special Civil Part motion a specific way by preparing New Jersey Special Civil Part opposition papers which answer the New Jersey Special Civil Part motion or which respond to the New Jersey Special Civil Part motion.  To answer a New Jersey Special Civil Part motion the New Jersey Special Civil Part rules include mandatory requirements for New Jersey Special Civil Part answers to include.  New Jersey Special Civil Part answers to motions may include the following:
New Jersey Special Civil Part Brief in support of the New Jersey Special Civil Part opposition to the New Jersey Special Civil Part motion
New Jersey Special Civil Part affidavit in support of the New Jersey Special Civil Part opposition to the New Jersey Special Civil Part motion
New Jersey Special Civil Part exhibits to the New Jersey Special Civil Part affidavit in support of the New Jersey Special Civil Part opposition to the New Jersey Special Civil Part motion
New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part opposition to the New Jersey Special Civil Part motion
New Jersey Special Civil Part exhibits to the New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part opposition to the New Jersey Special Civil Part motion
New Jersey Special Civil Part proof of service of the New Jersey Special Civil Part opposition papers on other New Jersey Special Civil Parties to the New Jersey Special Civil Part case
Response to statement of material facts (if any statement of facts is served on you with the New Jersey Special Civil Part motion)


A New Jersey Special Civil Part motion shall be deemed uncontested and there shall be no right to argue orally in opposition unless responsive papers are timely filed and served stating with particularity the basis of the opposition to the relief sought.  If you wish to oppose a New Jersey Special Civil Part motion, do not sit and wait for the New Jersey Special Civil Part motion to be decided!  Instead, before the deadline expires for filing opposition papers file the appropriate papers with the appropriate court, find out who the New Jersey Special Civil Part judge is that shall be hearing the New Jersey Special Civil Part motion and forward that judge a complete copy of those papers.  If you want to argue the New Jersey Special Civil Part motion orally, your opposition papers must include a request for oral argument.  At the same time, you should serve a complete copy of your opposition papers on all parties who ever entered an appearance in the case, such as by filing a complaint or answer or motion in the case.  Unless the New Jersey Special Civil Part otherwise orders, opposing New Jersey Special Civil Part affidavits, New Jersey Special Civil Part certifications, briefs and cross-motions, if any, must be served and filed not later than 10 days before the New Jersey Special Civil Part motion hearing date.  The following are the New Jersey Special Civil Part documents you should timely file with the New Jersey Special Civil Part, forward to the New Jersey Special Civil Part judge hearing the New Jersey Special Civil Part motion and serve on the appropriate parties:  


Certifications or affidavits presenting any facts disputing the New Jersey Special Civil Part motion  or providing facts supporting the denial of the New Jersey Special Civil Part motion
Proof of mailing of the entire motion package to all other parties


New Jersey Special Civil Part summary judgment opposition papers may require additional information (see the section below on those types of New Jersey Special Civil Part motions for more information about answering such New Jersey Special Civil Part motions).


Other items that are not necessary to answer a New Jersey Special Civil Part motion in every New Jersey Special Civil Part case but which are often helpful to include with the answer to a New Jersey Special Civil Part motion are:


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




WHAT IF I AM OPPOSING A NEW JERSEY SPECIAL CIVIL PART MOTION AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY SPECIAL CIVIL PART MOTION?
When answering a New Jersey Special Civil Part motion, a New Jersey Special Civil Part party opposing a New Jersey Special Civil Part motion who wants to seek summary judgment or some other type of relief related to their opponent’s New Jersey Special Civil Part motion must file a New Jersey Special Civil Part cross motion seeking the relief they want from the New Jersey Special Civil Part.  To file a New Jersey Special Civil Part cross motion, you must generally follow the steps for filing motions discussed elsewhere on this website.  However, the cross motion should be scheduled to be heard on the same date as the original New Jersey Special Civil Part motion that you are opposing.


WHAT ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS?
To answer a New Jersey Special Civil Part motion, the New Jersey Special Civil Part plaintiff or New Jersey Special Civil Part defendant that wishes to bring certain facts to the New Jersey Special Civil Part court’s attention must do so by submitting New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits.   New Jersey Special Civil Part affidavits are written statements:
made in the first person.
divided into numbered paragraphs. 
that have a caption which includes a designation of the particular proceeding the New Jersey Special Civil Part affidavit supports or opposes and the original date, if any, fixed for the New Jersey Special Civil Part motion hearing for which the New Jersey Special Civil Part affidavit is made.
signed and dated by the individuals making the statements contained in the New Jersey Special Civil Part affidavits.


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


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


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


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


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


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


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


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


WHAT HAPPENS AFTER I FILE OPPOSITION TO A NEW JERSEY SPECIAL CIVIL PART MOTION?
If your New Jersey Special Civil Part opposition papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part motion might not require you to appear for a New Jersey Special Civil Part motion hearing.  
If your papers are marked to specifically request oral argument, the New Jersey Special Civil Part might permit you to orally argue the New Jersey Special Civil Part motion.
If your papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part motion.  Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Special Civil Part’s decision alone on whether to grant such argument.
Regardless of how your papers are marked, before ever showing up for a New Jersey Special Civil Part motion hearing call the New Jersey Special Civil Part and find out the name of the New Jersey Special Civil Part judge hearing the New Jersey Special Civil Part motion and the phone number of the New Jersey Special Civil Part judge’s chambers.  Call the New Jersey Special Civil Part judge’s chambers to find out if the New Jersey Special Civil Part is going to hold oral argument on the New Jersey Special Civil Part motion.  Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Special Civil Part!!!!
You should also receive a filed copy of the New Jersey Special Civil Part opposition papers back from the New Jersey Special Civil Part.  If you mailed the New Jersey Special Civil Part documents to the New Jersey Special Civil Part for filing do not receive a filed copy of the New Jersey Special Civil Part motion and such a card within 7 days of filing the New Jersey Special Civil Part motion, call the New Jersey Special Civil Part to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys).  When you call, refer to your New Jersey Special Civil Part case docket number and have your papers ready for reference.
If you hand deliver the New Jersey Special Civil Part motion to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part motion back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
You may state in your opposition papers that you want your New Jersey Special Civil Part motion to be decided without you having to appear but the New Jersey Special Civil Part can demand your appearance even if you give up your right to appear.  
If the New Jersey Special Civil Part requires you to appear for argument on the New Jersey Special Civil Part motion (the New Jersey Special Civil Part may do so regardless of whether you requested argument), the New Jersey Special Civil Part should contact you and you must appear on the date and time as requested. 
If you are not sure if you have to appear at the New Jersey Special Civil Part motion hearing, you should call the New Jersey Special Civil Part the day before the New Jersey Special Civil Part motion hearing and if necessary, call the New Jersey Special Civil Part judge’s chambers and ask to speak with the New Jersey Special Civil Part judge’s clerk or secretary (if the clerk is unavailable).
If you find out that the New Jersey Special Civil Part requires your appearance at the New Jersey Special Civil Part motion hearing, to avoid having the New Jersey Special Civil Part motion denied, go to New Jersey Special Civil Part court on the date the New Jersey Special Civil Part motion to argue the New Jersey Special Civil Part motion.  Failure to appear at Court if the New Jersey Special Civil Part motion is scheduled for argument may result in the denial of your motion.   If and when you go to New Jersey Special Civil Part court, be sure to bring a complete file of all documents about your New Jersey Special Civil Part case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.).  For, if the New Jersey Special Civil Part hears your motion, the New Jersey Special Civil Part judge may question you to confirm that you properly served it.
Normally, after the New Jersey Special Civil Part motion is scheduled to be decided, the New Jersey Special Civil Part forwards you a copy of the New Jersey Special Civil Part order granting or denying the New Jersey Special Civil Part motion.  
If the New Jersey Special Civil Part motion is granted, you should be forwarded a copy of the granted order by the New Jersey Special Civil Part.  If this happens, make 1 copy of the New Jersey Special Civil Part order, sign/date the letter serving the New Jersey Special Civil Part order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the New Jersey Special Civil Part order (keep the original order for your records).  
Note that the New Jersey Special Civil Part may use telephone conferences to hear motions and with advance approval by the New Jersey Special Civil Part, sometimes the New Jersey Special Civil Part allows parties to appear by telephone instead of appearing at court in person.  If you intend to try to appear by phone, you must get the New Jersey Special Civil Part’s consent in advance of the New Jersey Special Civil Part motion hearing!  Consult the New Jersey Court Rules for further details.


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


NEED HELP WITH YOUR NEW JERSEY CASE?
Let the Law Office of Paul DePetris help you with your New Jersey case.  Not all New Jersey cases require you to pay expensive legal fees to get legal help.  To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.


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