Author Topic: New Jersey Superior Court Rules  (Read 6044 times)

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NotBonJovi

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New Jersey Superior Court Rules
« on: March 25, 2010 01:37:39 AM »
New Jersey Rules of Civil Procedure:

http://www.judiciary.state.nj.us/rules/rules_toc.htm#TopOfPage

JDB's tend to utilize the Superior Court's "Special Civil Part" or SCP. Be aware these rules are listed under part VI, and take precedence over the rules for "Civil Court - Law Division" which are the rules listed in Part IV.

You will note that Part VI will frequently reference back to part IV; in fact, a good part of the Part VI rules simply say "see Rule 4:XX-X," but Special Civil Court is designed to flow cheap and FAST. The time limits are tight, so make sure you read carefully.

For what it is worth, there is something useful in Rule 4:18-2. When a document referenced in the complaint is not attached to the moving papers (they usually aren't), you have the right to demand this document. In other words, if they are suing you for breach of contract, you have the right to demand the contract be provided. When the document is demanded pursuant this Rule, the Plaintiff has FIVE days upon receipt of the demand to serve it upon you (allowing 3 days -- not including Sunday -- for mail time, of course).
« Last Edit: March 25, 2010 01:50:50 AM by NotBonJovi »
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NotBonJovi

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Re: New Jersey Superior Court Rules
« Reply #1 on: January 22, 2011 05:32:38 PM »
Update on links...

Self-Help Resource Center for NJ Superior Court: http://www.judiciary.state.nj.us/prose/index.htm

The Rules of Civil Procedure for NJ Superior Court: http://www.judiciary.state.nj.us/rules/
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no_more_plastic

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Re: New Jersey Superior Court Rules
« Reply #2 on: March 16, 2011 07:13:56 PM »
I also found this in the Special Civil Part guide:

Plaintiff
If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if made under oath, cannot be used in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance.

NotBonJovi

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Re: New Jersey Superior Court Rules
« Reply #3 on: March 16, 2011 07:22:23 PM »
I also found this in the Special Civil Part guide:

Plaintiff
If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if made under oath, cannot be used in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance.

Key word: TRIAL

Special Civil is "special" because it's basically a railroad that does not routinely utilize trials. Trials cost the Plaintiff extra.

Most JDB's use Special Civil because it is the nice intermediary between Small Claims Division and Civil Law Division for a cheap route to default judgment with a rather generous claim limit ($15k cap). They do not seek trials, naturally.
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no_more_plastic

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Re: New Jersey Superior Court Rules
« Reply #4 on: March 16, 2011 07:42:00 PM »
Key word: TRIAL

Special Civil is "special" because it's basically a railroad that does not routinely utilize trials. Trials cost the Plaintiff extra.

Most JDB's use Special Civil because it is the nice intermediary between Small Claims Division and Civil Law Division for a cheap route to default judgment with a rather generous claim limit ($15k cap). They do not seek trials, naturally.

Then just make sure you file a counterclaim that exceeds the SCP limit and have it moved.  :vbwink:

NotBonJovi

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Re: New Jersey Superior Court Rules
« Reply #5 on: March 16, 2011 08:18:29 PM »
Then just make sure you file a counterclaim that exceeds the SCP limit and have it moved.  :vbwink:

Ahhhh....I like the idea, but one would have to be assured the counterclaims are NOT dismissed by the SCP judge in order for that to be successful.
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no_more_plastic

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Re: New Jersey Superior Court Rules
« Reply #6 on: March 16, 2011 08:23:17 PM »
Ahhhh....I like the idea, but one would have to be assured the counterclaims are NOT dismissed by the SCP judge in order for that to be successful.

Piece of cake. After all, we all know the judges in NJ are pro debtor  :vbrofl:

 

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