5.76 NEGLIGENT HIRING (4/07)
A. Introduction
The plaintiff, [insert the plaintiff’s name], alleges that the defendant, [insert the employer’s name], was negligent in the manner in which [he] [she] [it] hired and supervised [insert the alleged dangerous employee’s name]. The plaintiff further claims that as a result of [insert employer’s name]’s negligence, [he] [she] was exposed to [insert the alleged dangerous employee’s name], a dangerous individual, who ultimately [insert a brief description of the alleged damage or injury].
B. Duty Of An Employer Generally
The mere happening of an unfortunate event does not provide a basis for liability. Liability is established only if it is proven that a person owing a duty to another breached that duty, and the breach of duty caused the injury or damages claimed.
Generally, an employer is not liable for an employee’s criminal or tortious act, whether negligent or intentional, unless the act was committed during the course of, and within the scope of, employment. An exception exists in the case of a claim of negligent hiring. An employer may be held responsible for the criminal or wrongful acts of [his] [her] [its] employee, even if those acts occur outside the scope of employment, if the employer was negligent in the manner in which [he] [she] [it] hired, supervised or retained an inappropriate or unfit employee.
C. Negligent Hiring Exception
An employer in a business providing services to the public has a duty to use reasonable care in selecting competent and fit employees for the work assigned to them. An employer is also bound to refrain from retaining the services of an unfit employee.
An unfit employee is one whose dangerous propensities make him or her inappropriate for a particular job assignment and who is likely to cause harm to the public if hired for that position.
D. Elements Explained
In this matter, you may hold the employer liable for the plaintiff’s injuries or damages if you find that [he] [she] [it] was negligent in failing to exercise due care in hiring, supervising or retaining an unfit individual and that such negligence was a proximate cause of the plaintiff’s injuries or damages.
In order to find that the employer failed to exercise reasonable care in hiring the employee in question, you must find two things:
One, [insert employer’s name] knew or had reason to know of the particular unfitness, incompetence or dangerous attributes of the employee, [insert dangerous employee’s name] ; and
Two, [insert employer’s name] could have reasonably foreseen that hiring a person with the employee’s attributes created a risk of harm to others, whether on or off the premises.
An employer may be held liable if, during the hiring process or course of employment, the employer actually knew the employee had an inappropriate or dangerous characteristic, attribute or tendency that made the employee an unacceptable candidate for the position. An employer may also be held liable if reasonable investigation would have disclosed the employee’s undesirable characteristic, attribute or tendency.
In determining whether the employer exercised due care in this matter, you must examine all the circumstances surrounding the hiring and employment of the employee. Since there is no hard and fast rule as to what constitutes an appropriate hiring process, you should consider all of the facts and circumstances of this particular case, including but not limited to:
a) The employer’s application and interview process;
b) The nature of the job;
c) The checking of references;
d) The nature and extent of information reasonably available to the employer at the time of hire, including access to public records of criminal or other convictions;
e) Whether such information was available to the employer through reasonable, and not extraordinary means, including extraordinary cost;
f) The nature of the criminal conviction, if any; and
g) Whether the pre-hiring investigation of the employee, if any, was adequate under the totality of the circumstances.
If you find the employer knew or could have known of the employee’s unfit characteristic, you must then decide whether the employer could have reasonably foreseen that such qualities created a risk of harm to others.
Foresight, not hindsight, is the standard by which an employer’s duty of care must be judged. The fact that one may look back now and decide the employee was unfit does not satisfy this element of the claim. The employer must be judged on what [he] [she] [it] had reason to know at the time the employee was hired or retained. In deciding if the employer knew or could have known about the employee’s characteristic and should have foreseen it to be dangerous, you may take into consideration the following:
1) The nature of the work;
2) The extent to which the employee would or would not be supervised;
3) Whether the employee would have access to the home and valuables of the public in general, and the plaintiff in particular; and
4) The particular vulnerability, if any, of members of the public to abuse, harm or other loss caused by exposure to a potentially unsuitable, incompetent or dangerous employee.
E. Proximate Cause
If you find the employer, [insert employer’s name], was negligent in the manner in which [he] [she] [it] hired the employee, [insert dangerous employee’s name], the employer still will not be liable for the plaintiff’s injury or damage unless you also find the employer’s negligence proximately caused the plaintiff’s injury or damage.
This means that, in order to find the employer liable, you must find that the employer’s negligence in hiring the unfit employee was a substantial factor that singly, or in combination with one or more other causes, brought about the plaintiff’s injury or damage.
The Court specifically recognized the tort of negligent hiring in DiCosala v. Kay, 91 N.J. 159, 174 (1982). The Appellate Division first identified the theory in Bennett v. T&F Distrib. Co., 117 N.J. Super. 429 (App. Div. 1971), cert. den. 60 N.J. 350 (1972).
DiCosala v. Kay, 91 N.J. 159, 173 (1982).
The focus of the tort of negligent hiring is on the risk the employer creates by exposing members of the public to a potentially dangerous individual. DiCosala v. Kay, 91 N.J. 159, 172 (1982). See Id. at 171 (citing Restatement 2d Agency, §213, Comment d: “Agent dangerous: The principal may be negligent because he has reason to know that the servant or other agent, because of his qualities, is likely to harm others in view of the work or instrumentalities entrusted to him….”). See also Bennett v. T&F Distrib. Co., 117 N.J. Super. 429, 445 (App. Div. 1971), cert. den. 60 N.J. 350 (1972) (“The protection of innocent third persons is a major interest in favor of a rule imposing a duty of reasonable care in the selection of employees or independent contractors who may have vicious propensities”).
“The dangerous quality in the [employee] may consist of his incompetence or unskillfulness due to his youth or his lack of experience considered with reference to the act to be performed. An agent, although otherwise competent, may be incompetent because of his reckless or vicious disposition, and if an [employer], without exercising due care in selection, employs a vicious person to do an act which necessarily brings him in contact with others while in the performance of a duty, he is subject to liability for harm caused by the vicious propensity….” DiCosala v. Kay, 91 N.J. 159, 171 (1982) (citing Restatement 2d Agency, §213, Comment d).
Alternative Charge: “Therefore, for you to find (employer) liable for negligent hiring, you must first find (employer) negligent and then find that [his] [her] [its] negligence proximately caused the plaintiff’s injuries or damages.”
An employer may not be held responsible under a theory of negligent hiring, supervision or retention for criminal or other wrongful acts of its employee if in the exercise of reasonable care and diligence, a reasonable employer would not have ascertained the employee’s incompetence, unfitness or dangerous propensities. In other words, the employer took reasonable care and diligence in researching that individual’s background, references, and other relevant information.
DiCosala v. Kay, 91 N.J. 159, 173 (1982).
DiCosala v. Kay, 91 N.J. 159, 173 (1982). But see Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (negligent hiring not found where the employer could not have reasonably foreseen the employee would steal nitric acid from the employer and use it to attack his wife and daughter.)
For instance, the employer may hire someone without a license as a taxi driver.
Using the same example of a taxi driver, the employer may check that the applicant has a license on his person but not check whether the license was revoked. Had the employer checked the status of the license, the employer would have a reason to know that the applicant was unlicensed.
Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 32 (1997).
Insert the following if criminal history investigation is applicable: “In this case, the employee, [insert employee’s name], had an undisclosed and undiscovered criminal history which made [him] [her] unfit and dangerous for the duties of the position. Liability of [insert employer’s name], though, is not predicated solely upon [his] [her] [its] failure to investigate the criminal history of the applicant. With regard to the criminal record of a candidate for employment, you must consider the totality of the circumstances, and specifically: (a) What investigation, if any, the employer could have legally taken; and (b) What information was reasonably available to the employer at the time of hire.
DiCosala v. Kay, 91 N.J. 159, 173 (1982). But see Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (Where the Appellate Division refused to find negligent hiring judging the employer could not have reasonably foreseen the employee would steal nitric acid from the employer and use it to attack his wife and daughter.)
Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (quoting Hill v. Yaskin, 75 N.J. 139, 144 (1977)).
The Foreseeability Charge, 5.10B, may be used to supplement.
Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 23 (1997) discusses these factors at some length.
DiCosala v. Kay, 91 N.J. 159, 174 (1982).
Adapted from the Proximate Cause Products Liability, Charge 5.40I.
Monday, November 26, 2007
Wednesday, November 7, 2007
Issuance of Subpoenas
Issuance of Subpoenas
A subpoena may be issued by the clerk of the court and the fee is $5.00 pursuant to N.J.S.A 22A:2-7 or by an attorney or party in the name of the clerk. 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. 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. See R. 1:9- 1.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A subpoena may be issued by the clerk of the court and the fee is $5.00 pursuant to N.J.S.A 22A:2-7 or by an attorney or party in the name of the clerk. 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. 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. See R. 1:9- 1.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Friendlies and the Surrogate’s Intermingled Trust Fund
Friendlies and the Surrogate’s Intermingled Trust Fund
Rule 4:44 requires court approval of a settlement on behalf of a minor or mentally incapacitated person (previously referred to as an “incompetent”). The majority of settlements paid on behalf of minors and incapacitated individuals are paid into the
Surrogate’s Intermingled Trust Fund (SITF). Whenever the proceeds of such a settlement are to be paid into the SITF, a uniform order for judgment form must be used.
A copy of the form appears in the appendix. Before scheduling a friendly hearing seeking approval of a settlement on behalf of a minor or mentally incapacitated individual, counsel should contact the county surrogate and ensure that the surrogate has reviewed and approved the proposed completed order for judgment form.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 4:44 requires court approval of a settlement on behalf of a minor or mentally incapacitated person (previously referred to as an “incompetent”). The majority of settlements paid on behalf of minors and incapacitated individuals are paid into the
Surrogate’s Intermingled Trust Fund (SITF). Whenever the proceeds of such a settlement are to be paid into the SITF, a uniform order for judgment form must be used.
A copy of the form appears in the appendix. Before scheduling a friendly hearing seeking approval of a settlement on behalf of a minor or mentally incapacitated individual, counsel should contact the county surrogate and ensure that the surrogate has reviewed and approved the proposed completed order for judgment form.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Policy of Open Records
Rule 1:2-1 states the Judiciary’s policy favoring open court and unsealed records.
b. Confidentiality of Court Records
Rule 1:38 provides that all records required by statute or rule to be kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, except certain specified records. Exceptions relevant to the Civil Division include:
personnel and pension records;
records pertaining to investigations and reports made for a court;
completed jury questionnaires and preliminary lists of jurors;
records required by statute or rule to be kept confidential or withheld from
indiscriminate public inspection;
records impounded or kept confidential via court order; and
statistical reports prepared by judges for the AOC.
c. Access Policies and Procedures
Attached and appearing in the appendix is a copy of AOC Directive #15-05 which provides guidelines and uniform procedures and forms for access to case-related records.
d. Civil Cases Involving Child Victims of Sexual Abuse
N.J.S.A. 2A:82 -46 requires that all court documents that state the name, address and identity of a victim who was a minor at the time of the alleged commission of certain sexual assault, endangering the welfare and abuse and neglect cases shall be confidential.
Although the statute reads in terms of “the name, address and identity,” if any one of the three is present, court personnel will treat the document as confidential since that appears to be the intent of the Legislature. Such documents will not be disclosed to the public unless a judge authorizes such disclosure for good cause after notice is given to all interested parties and a hearing is conducted on the matter. The Act also provides that the name of the victim shall not appear in any public record; rather, initials or a fictitious name shall appear. The offenses covered by the Act include aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.A. 2C:24- 4, and actions alleging an abuse or neglect under N.J.S.A. 9:6-8.21 et esq. Any person who purposefully discloses to the public a document in violation of the statute is guilty of a disorderly persons offense.
Updated as of April 1, 200722- 2
The following procedures apply in such cases:
Impoundment of Case Files
In all actions coming under the statute, the complaint and other public
records must use initials or fictitious names in place of the name, address
and identity of any victim under age 18.
In situations where court personnel have identified cases as falling within
the confidentiality provisions of the Act – and notwithstanding that the
initial case filings may have failed to comply with the statutory provisions
regarding the use of initials and fictitious names – court personnel have
been directed to impound the records.
Transcripts
Court reporters and other transcribers will continue to produce the court
proceedings in covered cases verbatim. Such verbatim transcripts shall be
available for normal use by the court and the parties. However, any
transcript that identifies, by name, address or otherwise, a child victim of an
offense covered by the statute shall not be released to or inspected by the
public unless the court authorizes the release of the transcript following a
hearing as provided in the statute. If the court decides to release such a
transcript, it shall make provision for protection of the child victim’s
identity as the court deems appropriate.
Control of Files
There is a need to ensure strict control of files to prevent inadvertent
dissemination of child victim information in violation of the statute. On
occasion, trial court files are informally reviewed in the courtroom by
attorneys and others, including members of the media. In addition, files are
often circulated to judges who make duplicate copies of part or all of the
file. In cases coming under the statute, any and all requests for documents,
except for requests by parties, their attorneys, or judges involved in
deciding the case, shall be directed to a centrally designated court office
that will have responsibility for maintaining procedures to ensure
compliance with the statute.
Unless the presiding judge of a division designates an alternate procedure, in each
division such central court office shall be the division manager’s office, and the division
manager will coordinate the response to a request with the county clerk and other court
personnel. See AOC Directive #11- 90.
Civil Commitment Records
Pursuant to N.J.S.A. 30:4-24, records involving civil commitments are
confidential. These records are maintained in the office of the County Adjuster.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 1:2-1 states the Judiciary’s policy favoring open court and unsealed records.
b. Confidentiality of Court Records
Rule 1:38 provides that all records required by statute or rule to be kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, except certain specified records. Exceptions relevant to the Civil Division include:
personnel and pension records;
records pertaining to investigations and reports made for a court;
completed jury questionnaires and preliminary lists of jurors;
records required by statute or rule to be kept confidential or withheld from
indiscriminate public inspection;
records impounded or kept confidential via court order; and
statistical reports prepared by judges for the AOC.
c. Access Policies and Procedures
Attached and appearing in the appendix is a copy of AOC Directive #15-05 which provides guidelines and uniform procedures and forms for access to case-related records.
d. Civil Cases Involving Child Victims of Sexual Abuse
N.J.S.A. 2A:82 -46 requires that all court documents that state the name, address and identity of a victim who was a minor at the time of the alleged commission of certain sexual assault, endangering the welfare and abuse and neglect cases shall be confidential.
Although the statute reads in terms of “the name, address and identity,” if any one of the three is present, court personnel will treat the document as confidential since that appears to be the intent of the Legislature. Such documents will not be disclosed to the public unless a judge authorizes such disclosure for good cause after notice is given to all interested parties and a hearing is conducted on the matter. The Act also provides that the name of the victim shall not appear in any public record; rather, initials or a fictitious name shall appear. The offenses covered by the Act include aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.A. 2C:24- 4, and actions alleging an abuse or neglect under N.J.S.A. 9:6-8.21 et esq. Any person who purposefully discloses to the public a document in violation of the statute is guilty of a disorderly persons offense.
Updated as of April 1, 200722- 2
The following procedures apply in such cases:
Impoundment of Case Files
In all actions coming under the statute, the complaint and other public
records must use initials or fictitious names in place of the name, address
and identity of any victim under age 18.
In situations where court personnel have identified cases as falling within
the confidentiality provisions of the Act – and notwithstanding that the
initial case filings may have failed to comply with the statutory provisions
regarding the use of initials and fictitious names – court personnel have
been directed to impound the records.
Transcripts
Court reporters and other transcribers will continue to produce the court
proceedings in covered cases verbatim. Such verbatim transcripts shall be
available for normal use by the court and the parties. However, any
transcript that identifies, by name, address or otherwise, a child victim of an
offense covered by the statute shall not be released to or inspected by the
public unless the court authorizes the release of the transcript following a
hearing as provided in the statute. If the court decides to release such a
transcript, it shall make provision for protection of the child victim’s
identity as the court deems appropriate.
Control of Files
There is a need to ensure strict control of files to prevent inadvertent
dissemination of child victim information in violation of the statute. On
occasion, trial court files are informally reviewed in the courtroom by
attorneys and others, including members of the media. In addition, files are
often circulated to judges who make duplicate copies of part or all of the
file. In cases coming under the statute, any and all requests for documents,
except for requests by parties, their attorneys, or judges involved in
deciding the case, shall be directed to a centrally designated court office
that will have responsibility for maintaining procedures to ensure
compliance with the statute.
Unless the presiding judge of a division designates an alternate procedure, in each
division such central court office shall be the division manager’s office, and the division
manager will coordinate the response to a request with the county clerk and other court
personnel. See AOC Directive #11- 90.
Civil Commitment Records
Pursuant to N.J.S.A. 30:4-24, records involving civil commitments are
confidential. These records are maintained in the office of the County Adjuster.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Civil Fees
Civil Fees
Payee
All checks for fees paid to the court in civil matters except for deposits of money into court must be made payable to Treasurer, State of New Jersey. Deposits of moneys into court, to be held in the Superior Court Trust Fund, should continue to be made payable to the Superior Court of New Jersey. See R. 1:13- 10.
b. Applications to Waive Filing Fees
Rule 1:13-2 allows the court to waive payment of fees for indigent persons, i.e., those unable to pay filing fees, who apply for waiver and who provide verification of their indigent status. Copies of the pleadings to be filed must accompany the application.
c. Filing Fees – State of New Jersey/State Agencies
The State of New Jersey and any of its agencies, including the Motor Vehicle Commission, are exempt from payment of all filing fees. See N.J.S.A. 22A:2-22.
d. New Jersey Property Liability Insurance Guaranty Association NJPLIGA) not Exempt from Fees The NJPLIGA is not a state agency and thus is not exempt from payment of filing and other court fees.
e. Filing Fees – Prosecutor
The county prosecutors’ offices are not exempt from the payment of filing fees even in forfeiture actions in which county prosecutor is acting on behalf of the State.
f. Fees for Name Changes – Family Members
When a name change is brought, as a single complaint, by a parent and adult children or by registered domestic partners, a single fee is due and a single docket number will be assigned.
g. Fees for First Papers
When the first paper filed by a particular party is not a complaint or an answer, the complaint or answer fee, whichever is applicable, must be paid. Therefore, if the first paper filed by a party is a stipulation extending time to answer only or a motion in lieu of answer, the answer fee must be paid. If the first paper is a motion in lieu of answer, the fee for filing a motion is not required, only the answer fee must be paid.
h. Refund of Filing Fees
Filing fees generally will not be refunded. However, the court may, as a courtesy but not an obligation, choose to make a refund of a filing fee only when the fee has not been processed AND a docket number has not yet been assigned.
i. Consolidated Cases – Filing Fees
For purposes of filing fees, consolidated matters (non-mass torts) are treated the same as singular cases.
j. Fees for Omnibus Motions
When a single motion is filed that relates to a number of cases, for instance, when the cases involve a common insurance carrier that is in rehabilitation, a single motion fee may be charged.
k. Fees Payable When Filers Are Spouses
When a document is filed on behalf of a husband and wife, and a single filing fee is required.
l. Fee for Cases Remanded from Criminal Division
If a matter is remanded from the Criminal Division, a $200 filing fee must be paid.
m. Fees for Motions to Turnover Funds and Motions to Withdraw Funds
The fee for a motion to turnover funds is $30, regardless of the amount of the funds. A motion to turnover funds is a postjudgment motion to get access to funds that were the subject of a levy. This is different from the motion to withdraw funds for which the filing fee is $30 for funds less than $100; $30 plus an extra $5 for funds of $100 but less than $1000 or a total of $35; and $30 plus an extra $10 for funds of $1000 or more or a total of $40. The motion to withdraw is filed to get access to funds previously paid into court. An example is when a carrier pays the amount of the insurance policy limits into
court during the pendency of a personal injury case.
n. Fees for Exemplified and Certified Copies
Fees for exemplified copies of Law Division, Civil Part judgments are computed as $5 for the certification, plus $5 for the exemplification plus the $0.75 per page fee. Thus the fee for an exemplification is $10 plus the per page copy fee. An exemplification fee for a single page document is $10.75; for a five-page document the fee is $13.75.
Note that the fee for an exemplified copy of a Special Civil Part judgment is different ($5) and is governed by a different statute. Fees for certified copies of civil documents are as follows:
If a copy of the document to be certified is supplied by the requestor and if this is the first request by the particular requestor for the particular document, there is no fee;
If the copy of the document is not supplied or for all requests after the initial request, the fee is $5.00 per request. There is no charge for the first copy of a name change judgment and writ of execution.
o. Fees for Defense Motions to Dismiss
When the first paper filed by a defendant is a motion to dismiss, the $135 fee for the defendant’s first pleading is charged. Even if the motion is granted, the fee is non- refundable.
p. Fees for Motions to Transfer from Special Civil Part The fee for a filing of a motion to transfer a case from the Special Civil Part to the Civil Part is $30 (the Civil Part motion filing fee), as these motions must be brought in the Civil Part. If the motion is granted, the moving party must pay the applicable Civil Part filing fee for its first paper, less any filing fee previously paid when originally filing in the Special Civil Part.
q. Fees for Condemnation Appeals
Rule 4:73-6 provides that an appeal from the Report of the Commissioners on a condemnation case can be filed under the original docket number without a fee. However, the second part of the rule requires a new docket assignment for appeals that should be severed and for these the fee is $200 per property.
r. Presumptive Fees to Condemnation Commissioners
The standard rate for compensating condemnation commissioners should be $200 per hour for commissioners and $225 per hour for the chair or lead commissioner.
s. Fees for Wage and Hour Matters If a wage and hour case is filed pursuant to R. 4:74-8 as an appeal from a judgment
obtained in the Wage Collection Section of the Department of Labor and Industry (now known as the Department of Labor and Workforce Development), the filing fee is $75 pursuant to N.J.S.A. 22A:2-27. If, on the other hand, the case is brought not as an appeal, but as a summary action, the filing fee is $230 (i.e., $200 for the verified complaint and $30 for the OSC).
t. Restoration Fees Following Reinstatement Under R. 4:23-5
The restoration fee payable under R. 4:23- 5, whether restoration is done via motion or consent order, must be submitted with the motion or consent order.
u. Fees Upon Remand from Federal Courts
When a matter is remanded from the Federal Court to the Law Division, Civil Part, the remand should be considered as a new filing and the party charged the full $200 filing fee. Likewise, even if the defendant filed an answer in the Federal Court, the
defendant is charged the full filing fee upon filing his/her answer in the Superior Court. The only time no fees would be charged is when the matter originated in the Superior Court and was removed to the Federal Court. In that situation, no fees would be charged. if the matter is subsequently remanded back to the Superior Court, as long as the parties paid the appropriate fees prior to the remand.
v. Fees for the Issuance of Subpoenas By the Court
The fee for issuance of a subpoena is $5.00. See N.J.S.A 22A:2- 7.
w. Fees for the Issuance of an Arrest Warrant
The fee for the issuance of a civil arrest warrant is $5. To execute the warrant, additional fees are charged by the county Sheriffs’ offices.
x. Fees for Election-Related Matters
There is no filing fee for actions seeking a recount following an election. For all other election-related matters, which should be brought as summary actions pursuant to R. 4:67 via verified complaint and OSC, the filing fee is $230.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Payee
All checks for fees paid to the court in civil matters except for deposits of money into court must be made payable to Treasurer, State of New Jersey. Deposits of moneys into court, to be held in the Superior Court Trust Fund, should continue to be made payable to the Superior Court of New Jersey. See R. 1:13- 10.
b. Applications to Waive Filing Fees
Rule 1:13-2 allows the court to waive payment of fees for indigent persons, i.e., those unable to pay filing fees, who apply for waiver and who provide verification of their indigent status. Copies of the pleadings to be filed must accompany the application.
c. Filing Fees – State of New Jersey/State Agencies
The State of New Jersey and any of its agencies, including the Motor Vehicle Commission, are exempt from payment of all filing fees. See N.J.S.A. 22A:2-22.
d. New Jersey Property Liability Insurance Guaranty Association NJPLIGA) not Exempt from Fees The NJPLIGA is not a state agency and thus is not exempt from payment of filing and other court fees.
e. Filing Fees – Prosecutor
The county prosecutors’ offices are not exempt from the payment of filing fees even in forfeiture actions in which county prosecutor is acting on behalf of the State.
f. Fees for Name Changes – Family Members
When a name change is brought, as a single complaint, by a parent and adult children or by registered domestic partners, a single fee is due and a single docket number will be assigned.
g. Fees for First Papers
When the first paper filed by a particular party is not a complaint or an answer, the complaint or answer fee, whichever is applicable, must be paid. Therefore, if the first paper filed by a party is a stipulation extending time to answer only or a motion in lieu of answer, the answer fee must be paid. If the first paper is a motion in lieu of answer, the fee for filing a motion is not required, only the answer fee must be paid.
h. Refund of Filing Fees
Filing fees generally will not be refunded. However, the court may, as a courtesy but not an obligation, choose to make a refund of a filing fee only when the fee has not been processed AND a docket number has not yet been assigned.
i. Consolidated Cases – Filing Fees
For purposes of filing fees, consolidated matters (non-mass torts) are treated the same as singular cases.
j. Fees for Omnibus Motions
When a single motion is filed that relates to a number of cases, for instance, when the cases involve a common insurance carrier that is in rehabilitation, a single motion fee may be charged.
k. Fees Payable When Filers Are Spouses
When a document is filed on behalf of a husband and wife, and a single filing fee is required.
l. Fee for Cases Remanded from Criminal Division
If a matter is remanded from the Criminal Division, a $200 filing fee must be paid.
m. Fees for Motions to Turnover Funds and Motions to Withdraw Funds
The fee for a motion to turnover funds is $30, regardless of the amount of the funds. A motion to turnover funds is a postjudgment motion to get access to funds that were the subject of a levy. This is different from the motion to withdraw funds for which the filing fee is $30 for funds less than $100; $30 plus an extra $5 for funds of $100 but less than $1000 or a total of $35; and $30 plus an extra $10 for funds of $1000 or more or a total of $40. The motion to withdraw is filed to get access to funds previously paid into court. An example is when a carrier pays the amount of the insurance policy limits into
court during the pendency of a personal injury case.
n. Fees for Exemplified and Certified Copies
Fees for exemplified copies of Law Division, Civil Part judgments are computed as $5 for the certification, plus $5 for the exemplification plus the $0.75 per page fee. Thus the fee for an exemplification is $10 plus the per page copy fee. An exemplification fee for a single page document is $10.75; for a five-page document the fee is $13.75.
Note that the fee for an exemplified copy of a Special Civil Part judgment is different ($5) and is governed by a different statute. Fees for certified copies of civil documents are as follows:
If a copy of the document to be certified is supplied by the requestor and if this is the first request by the particular requestor for the particular document, there is no fee;
If the copy of the document is not supplied or for all requests after the initial request, the fee is $5.00 per request. There is no charge for the first copy of a name change judgment and writ of execution.
o. Fees for Defense Motions to Dismiss
When the first paper filed by a defendant is a motion to dismiss, the $135 fee for the defendant’s first pleading is charged. Even if the motion is granted, the fee is non- refundable.
p. Fees for Motions to Transfer from Special Civil Part The fee for a filing of a motion to transfer a case from the Special Civil Part to the Civil Part is $30 (the Civil Part motion filing fee), as these motions must be brought in the Civil Part. If the motion is granted, the moving party must pay the applicable Civil Part filing fee for its first paper, less any filing fee previously paid when originally filing in the Special Civil Part.
q. Fees for Condemnation Appeals
Rule 4:73-6 provides that an appeal from the Report of the Commissioners on a condemnation case can be filed under the original docket number without a fee. However, the second part of the rule requires a new docket assignment for appeals that should be severed and for these the fee is $200 per property.
r. Presumptive Fees to Condemnation Commissioners
The standard rate for compensating condemnation commissioners should be $200 per hour for commissioners and $225 per hour for the chair or lead commissioner.
s. Fees for Wage and Hour Matters If a wage and hour case is filed pursuant to R. 4:74-8 as an appeal from a judgment
obtained in the Wage Collection Section of the Department of Labor and Industry (now known as the Department of Labor and Workforce Development), the filing fee is $75 pursuant to N.J.S.A. 22A:2-27. If, on the other hand, the case is brought not as an appeal, but as a summary action, the filing fee is $230 (i.e., $200 for the verified complaint and $30 for the OSC).
t. Restoration Fees Following Reinstatement Under R. 4:23-5
The restoration fee payable under R. 4:23- 5, whether restoration is done via motion or consent order, must be submitted with the motion or consent order.
u. Fees Upon Remand from Federal Courts
When a matter is remanded from the Federal Court to the Law Division, Civil Part, the remand should be considered as a new filing and the party charged the full $200 filing fee. Likewise, even if the defendant filed an answer in the Federal Court, the
defendant is charged the full filing fee upon filing his/her answer in the Superior Court. The only time no fees would be charged is when the matter originated in the Superior Court and was removed to the Federal Court. In that situation, no fees would be charged. if the matter is subsequently remanded back to the Superior Court, as long as the parties paid the appropriate fees prior to the remand.
v. Fees for the Issuance of Subpoenas By the Court
The fee for issuance of a subpoena is $5.00. See N.J.S.A 22A:2- 7.
w. Fees for the Issuance of an Arrest Warrant
The fee for the issuance of a civil arrest warrant is $5. To execute the warrant, additional fees are charged by the county Sheriffs’ offices.
x. Fees for Election-Related Matters
There is no filing fee for actions seeking a recount following an election. For all other election-related matters, which should be brought as summary actions pursuant to R. 4:67 via verified complaint and OSC, the filing fee is $230.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Other Writs
Other Writs
Other writs include:
Writs of Replevin
A writ of replevin can only be issued by order of the court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. The posting of a replevin bond with the court is usually required before the Sheriff can act on the writ. These writs are returnable in 30 days. See R. 4:61 et seq.
Writs of Attachment
A writ of attachment can only be issued upon the court’s order on plaintiff’s motion and is usually sought in the beginning of litigation to ensure, that if the plaintiff is successful, assets are preserved and available to satisfy a judgment. It allows the seizure of the debtor’s property. Some instances in which attachments are issued include: when the defendant is a nonresident of this State; the defendant flees; or the defendant is a corporation created by the laws of another State which allows attachments against New Jersey corporations authorized to do business in that State. See R. 4:60 et seq.
Under R. 4:60- 6, there are two ways a writ of attachment for property located in a county other than that of the docketed litigation may be issued. Subsection (a) states that the court where the matter is docketed may, in its discretion, order the deputy clerk of the Superior Court of a county where the property is located to issue a writ addressed to the sheriff of that county and forward a copy to the judgment unit of the Superior Court Clerks’ office in Trenton, where it will be entered in the Civil Judgment and Order Docket. In either case, the writ must be prepared by the filer, not by the court.
Other writs include:
Writs of Replevin
A writ of replevin can only be issued by order of the court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. The posting of a replevin bond with the court is usually required before the Sheriff can act on the writ. These writs are returnable in 30 days. See R. 4:61 et seq.
Writs of Attachment
A writ of attachment can only be issued upon the court’s order on plaintiff’s motion and is usually sought in the beginning of litigation to ensure, that if the plaintiff is successful, assets are preserved and available to satisfy a judgment. It allows the seizure of the debtor’s property. Some instances in which attachments are issued include: when the defendant is a nonresident of this State; the defendant flees; or the defendant is a corporation created by the laws of another State which allows attachments against New Jersey corporations authorized to do business in that State. See R. 4:60 et seq.
Under R. 4:60- 6, there are two ways a writ of attachment for property located in a county other than that of the docketed litigation may be issued. Subsection (a) states that the court where the matter is docketed may, in its discretion, order the deputy clerk of the Superior Court of a county where the property is located to issue a writ addressed to the sheriff of that county and forward a copy to the judgment unit of the Superior Court Clerks’ office in Trenton, where it will be entered in the Civil Judgment and Order Docket. In either case, the writ must be prepared by the filer, not by the court.
Compliance with Child Support Lien Law
Compliance with Child Support Lien Law
N.J.S.A. 2A:17-56.23b requires attorneys and parties to undertake a search, using a private firm, to determine if the party receiving money as a result of a settlement or judgment, or in a number of other situations, is a child support debtor. If so, the amount of child support owed is a lien against the net proceeds. The legislation provides as follows:
Before distributing any net proceeds of a settlement, judgment, inheritance or award to the prevailing party or beneficiary:
1. the prevailing party or beneficiary shall provide the attorney, insurance company or agent responsible for the final distribution of such funds with a certification that includes the prevailing party’s or beneficiary’s full name, mailing address, date of birth and social Security number; and 2. the attorney representing the prevailing party or beneficiary shall
initiate a search of New Jersey judgments, through a private judgment search company that maintains information on child
support judgments to determine if the prevailing party or beneficiary is a child support judgment debtor. N.J.S.A. 2A:17-56.23b(b);
If the certification of the search company shows that the prevailing party or beneficiary is not a child support judgment debtor, the net proceeds may be paid to the prevailing party or beneficiary immediately. If the certification shows that the prevailing party or beneficiary is a child support judgment debtor, the attorney, insurance company or agent that initiated the search shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the child support judgment. N.J.S.A. 2A:17 -56.23b(c). See Strickland v. 212 Corp of N.J., 380 N.J. Super. 248 (Law Div 2005).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
N.J.S.A. 2A:17-56.23b requires attorneys and parties to undertake a search, using a private firm, to determine if the party receiving money as a result of a settlement or judgment, or in a number of other situations, is a child support debtor. If so, the amount of child support owed is a lien against the net proceeds. The legislation provides as follows:
Before distributing any net proceeds of a settlement, judgment, inheritance or award to the prevailing party or beneficiary:
1. the prevailing party or beneficiary shall provide the attorney, insurance company or agent responsible for the final distribution of such funds with a certification that includes the prevailing party’s or beneficiary’s full name, mailing address, date of birth and social Security number; and 2. the attorney representing the prevailing party or beneficiary shall
initiate a search of New Jersey judgments, through a private judgment search company that maintains information on child
support judgments to determine if the prevailing party or beneficiary is a child support judgment debtor. N.J.S.A. 2A:17-56.23b(b);
If the certification of the search company shows that the prevailing party or beneficiary is not a child support judgment debtor, the net proceeds may be paid to the prevailing party or beneficiary immediately. If the certification shows that the prevailing party or beneficiary is a child support judgment debtor, the attorney, insurance company or agent that initiated the search shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the child support judgment. N.J.S.A. 2A:17 -56.23b(c). See Strickland v. 212 Corp of N.J., 380 N.J. Super. 248 (Law Div 2005).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Special Civil Part Judgments Docketed in Trenton
Special Civil Part Judgments Docketed in Trenton
Once a judgment entered in the Special Civil Part is docketed in the Judgment Unit of the Superior Court Clerk’s office in Trenton, all further proceedings, except a motion to vacate the Special Civil Part judgment, must be brought under the DJ number in the Law Division, Civil Part in the county of original venue. A motion to vacate the judgment must be brought in the Special Civil Part. Requests to assign the judgment, for exemplified copies and for the issuance of writs and warrants following the grant of a motion brought in the Law Division, should be sent to the Judgment Unit of the Superior Court Clerk’s office in Trenton.
dd. Requests for Certified Copies of Judgments
Exemplified copies of judgments entered in the Law Division, Civil Part can be obtained from the county in which the judgment was entered. See p. 21-3 for the required fees.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Once a judgment entered in the Special Civil Part is docketed in the Judgment Unit of the Superior Court Clerk’s office in Trenton, all further proceedings, except a motion to vacate the Special Civil Part judgment, must be brought under the DJ number in the Law Division, Civil Part in the county of original venue. A motion to vacate the judgment must be brought in the Special Civil Part. Requests to assign the judgment, for exemplified copies and for the issuance of writs and warrants following the grant of a motion brought in the Law Division, should be sent to the Judgment Unit of the Superior Court Clerk’s office in Trenton.
dd. Requests for Certified Copies of Judgments
Exemplified copies of judgments entered in the Law Division, Civil Part can be obtained from the county in which the judgment was entered. See p. 21-3 for the required fees.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Taxation Certifications of Debt
Taxation Certifications of Debt
Taxation Certifications of Debt are entered onto the Civil Judgment and Order Docket and given a DJ number. Subsequently, the Division of Taxation issues a Warrant of Execution to the Superior Court of New Jersey, Law Division, County of “(county name)” for filing. The warrant expires 60 days after the docketing.
aa. Proof of Service of Post-Judgment Papers
In accordance with R. 1:5-3, green cards are not to be routinely required as part of the proof of service for post-judgment applications. However, it is permissible to require green cards as proof of service in applications for arrest warrants.
bb. Sheriff’s Handling of Judgment Creditors’ Funds – Standards for Disbursement
The Conference of Civil Presiding Judges has developed, in consultation with the county Sheriffs, proposed standards for the disbursement of funds collected by the Sheriffs pursuant to writs or other court orders. It was agreed that funds should be disbursed within 15 days of collection
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Taxation Certifications of Debt are entered onto the Civil Judgment and Order Docket and given a DJ number. Subsequently, the Division of Taxation issues a Warrant of Execution to the Superior Court of New Jersey, Law Division, County of “(county name)” for filing. The warrant expires 60 days after the docketing.
aa. Proof of Service of Post-Judgment Papers
In accordance with R. 1:5-3, green cards are not to be routinely required as part of the proof of service for post-judgment applications. However, it is permissible to require green cards as proof of service in applications for arrest warrants.
bb. Sheriff’s Handling of Judgment Creditors’ Funds – Standards for Disbursement
The Conference of Civil Presiding Judges has developed, in consultation with the county Sheriffs, proposed standards for the disbursement of funds collected by the Sheriffs pursuant to writs or other court orders. It was agreed that funds should be disbursed within 15 days of collection
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Certification and Notice to the Director of the New Jersey Motor Vehicle Commission - - Judgments Based on Motor Vehicle Accidents
Certification and Notice to the Director of the New Jersey Motor Vehicle Commission - - Judgments Based on Motor Vehicle Accidents
In actions involving motor vehicle accidents in which the amount of a judgment is $500 or more, the defendant must pay this money to the plaintiff within 60 days of the judgment, or alternatively file a formal appeal. If the defendant fails to pay the money owed within the 60- day period or file a formal appeal, the plaintiff may file a form SR- 38. A copy of the form appears in the appendix. Once filed, this document is sent to the New Jersey Motor Vehicle Commission (MVC) where upon receipt, the MVC will issue a revocation of the defendant’s driving privilege until such time that the judgment is fully paid. When the judgment is fully paid, the plaintiff must file a SR- 39 form with the court. A copy of this form also appears in the appendix. Thereafter, this form will be immediately forwarded to the MVC to restore the defendant’s driving privileges. The SR38 and SR39 are only issued by the Judgment Unit of the Superior Court Clerk’s Office in Trenton if the judgment has been recorded in Trenton and has a J or DJ number. Otherwise, the SR38 and SR39’s should be issued in the vicinage. This is usually the case for Special Civil Part judgments not issued a DJ number.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
In actions involving motor vehicle accidents in which the amount of a judgment is $500 or more, the defendant must pay this money to the plaintiff within 60 days of the judgment, or alternatively file a formal appeal. If the defendant fails to pay the money owed within the 60- day period or file a formal appeal, the plaintiff may file a form SR- 38. A copy of the form appears in the appendix. Once filed, this document is sent to the New Jersey Motor Vehicle Commission (MVC) where upon receipt, the MVC will issue a revocation of the defendant’s driving privilege until such time that the judgment is fully paid. When the judgment is fully paid, the plaintiff must file a SR- 39 form with the court. A copy of this form also appears in the appendix. Thereafter, this form will be immediately forwarded to the MVC to restore the defendant’s driving privileges. The SR38 and SR39 are only issued by the Judgment Unit of the Superior Court Clerk’s Office in Trenton if the judgment has been recorded in Trenton and has a J or DJ number. Otherwise, the SR38 and SR39’s should be issued in the vicinage. This is usually the case for Special Civil Part judgments not issued a DJ number.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Execution on Wages. See R. 4:59-1(d).
Execution on Wages. See R. 4:59-1(d).
If the creditor knows where the debtor works, an attempt can be made to garnish the debtor’s wages. Wage executions differ from executions on goods and chattels in that proceedings against the wages must be made on notice to the debtor. The notice of application for wage execution must be mailed to the debtor by certified and regular mail and filed with the court. It specifies the name of the employer and tells the judgment debtor that any objection must be made in writing within 10 days or the execution will be issued without further notice. It must also advise the defendant that an objection may be made at any time after the order is issued and specify the procedure for so doing. A supporting certification sets forth the date of the judgment and the total amount due, including post-judgment interest. If an objection is received a hearing will be scheduled. If no objection is received, the court will issue the order for wage execution. After the order is signed and the wage execution has been issued, the judgment debtor has a continuing right to object or apply for a reduction of the amount withheld. If such an objection or application is made, the wages collected will be held by the sheriff pending resolution of the matter. The order for wage execution shall include provisions directing the employer to immediately provide a copy of the order to the employee judgment-debtor and advising the employee judgment -debtor of their right at any time to notify the court, in writing, of reasons why the levy should be reduced or discontinued. See R. 4:59- 1(d).
Unlike other executions, the wage execution is a continuing levy or garnishment from the time served upon the employer until the amount specified in the order is paid or wages cease. Only one execution against wages may be satisfied at any one time. Priority is determined by the time of presentation to the employer. The amount of the garnishment is limited by federal and statelegislation. Note that wage executions for child support take priority over all others.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
If the creditor knows where the debtor works, an attempt can be made to garnish the debtor’s wages. Wage executions differ from executions on goods and chattels in that proceedings against the wages must be made on notice to the debtor. The notice of application for wage execution must be mailed to the debtor by certified and regular mail and filed with the court. It specifies the name of the employer and tells the judgment debtor that any objection must be made in writing within 10 days or the execution will be issued without further notice. It must also advise the defendant that an objection may be made at any time after the order is issued and specify the procedure for so doing. A supporting certification sets forth the date of the judgment and the total amount due, including post-judgment interest. If an objection is received a hearing will be scheduled. If no objection is received, the court will issue the order for wage execution. After the order is signed and the wage execution has been issued, the judgment debtor has a continuing right to object or apply for a reduction of the amount withheld. If such an objection or application is made, the wages collected will be held by the sheriff pending resolution of the matter. The order for wage execution shall include provisions directing the employer to immediately provide a copy of the order to the employee judgment-debtor and advising the employee judgment -debtor of their right at any time to notify the court, in writing, of reasons why the levy should be reduced or discontinued. See R. 4:59- 1(d).
Unlike other executions, the wage execution is a continuing levy or garnishment from the time served upon the employer until the amount specified in the order is paid or wages cease. Only one execution against wages may be satisfied at any one time. Priority is determined by the time of presentation to the employer. The amount of the garnishment is limited by federal and statelegislation. Note that wage executions for child support take priority over all others.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Execution on Goods and Chattels. See R. 4:59-1(a).
Execution on Goods and Chattels. See R. 4:59-1(a).
A creditor can apply to the court for an execution on goods and chattels once the creditor has a valid judgment. The creditor may also request that court costs be added to the amount owed on the judgment. Costs are usually the filing and service fees. The execution allows the sheriff to collect on the debt owed by taking possession of the debtor’s personal property, such as their money in bank accounts (bank levy), furniture, motor vehicles, animals, notes, stocks and bonds. N.J.S.A. 2A:17-4 provides that executions, including bank levies, can be issued simultaneously in any county, not simply the county in which the case was
venued. The sheriff can attempt to sell property to satisfy the debt.
One of the most effective ways to collect on the judgment is to levy on a bank account. To do this, the creditor must know where the debtor has a savings, checking or other account. He or she must know the name and address of the
bank. Account number information is helpful. Once the sheriff levies on the account, the money is frozen. The creditor must then make a motion to the court for an order to turnover funds. The sheriff will serve the signed order on the bank, which will forward the levied funds to him or her for disbursement.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A creditor can apply to the court for an execution on goods and chattels once the creditor has a valid judgment. The creditor may also request that court costs be added to the amount owed on the judgment. Costs are usually the filing and service fees. The execution allows the sheriff to collect on the debt owed by taking possession of the debtor’s personal property, such as their money in bank accounts (bank levy), furniture, motor vehicles, animals, notes, stocks and bonds. N.J.S.A. 2A:17-4 provides that executions, including bank levies, can be issued simultaneously in any county, not simply the county in which the case was
venued. The sheriff can attempt to sell property to satisfy the debt.
One of the most effective ways to collect on the judgment is to levy on a bank account. To do this, the creditor must know where the debtor has a savings, checking or other account. He or she must know the name and address of the
bank. Account number information is helpful. Once the sheriff levies on the account, the money is frozen. The creditor must then make a motion to the court for an order to turnover funds. The sheriff will serve the signed order on the bank, which will forward the levied funds to him or her for disbursement.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Writs of Execution
Writs of Execution
See R. 4:59 et seq. Writs of execution need not be signed by a judge; printing of the judge’s name and signing of the writ by the Deputy Clerk in the appropriate space is sufficient. Two of the most common approaches for collecting judgments are to request the court to issue an execution on goods and chattels or an execution against a debtor’s wages. It should be noted that to ensure that the judgment debtor is aware of the method by which interest has been calculated and that all partial payments have been accounted for, R. 4:59-1 has been amended effective September 1, 2006 and requires that the
endorsement on an application for a writ explain in detail the method by which interest has been calculated and demonstrate how all partial payments have been applied; and that a copy of the writ with the endorsement be served on the judgment debtor. Subparagraph (h) of the rule has been added to make it clear that all the forms in Appendices XI-I and XI- L through XI-R, inclusive, are to be used in both the Civil and Special Civil Parts. See R. 4:59-1 and Appendices XI- I and XI-L through XI-R and XI-X and XI -Y.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
See R. 4:59 et seq. Writs of execution need not be signed by a judge; printing of the judge’s name and signing of the writ by the Deputy Clerk in the appropriate space is sufficient. Two of the most common approaches for collecting judgments are to request the court to issue an execution on goods and chattels or an execution against a debtor’s wages. It should be noted that to ensure that the judgment debtor is aware of the method by which interest has been calculated and that all partial payments have been accounted for, R. 4:59-1 has been amended effective September 1, 2006 and requires that the
endorsement on an application for a writ explain in detail the method by which interest has been calculated and demonstrate how all partial payments have been applied; and that a copy of the writ with the endorsement be served on the judgment debtor. Subparagraph (h) of the rule has been added to make it clear that all the forms in Appendices XI-I and XI- L through XI-R, inclusive, are to be used in both the Civil and Special Civil Parts. See R. 4:59-1 and Appendices XI- I and XI-L through XI-R and XI-X and XI -Y.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Order to Arrest/Warrant for Arrest
Order to Arrest/Warrant for Arrest
If the respondent to the motion does not appear on the hearing date of the motion for enforcement of the creditor’s rights, the judge may sign an Order to Enforce Litigant’s Rights. This Order must be served immediately. The respondent then has 10
days to answer. If no timely answer is received, a warrant for arrest can be issued by the court upon request. A sheriff’s officer can only serve the warrant. There is a fee for serving this document. The warrant authorizes the officer to go to the address indicated on the notice of motion and make arrangements for all parties to be brought before the court. At that time, the judge may incarcerate the person until he or she complies with the court’s Order.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
If the respondent to the motion does not appear on the hearing date of the motion for enforcement of the creditor’s rights, the judge may sign an Order to Enforce Litigant’s Rights. This Order must be served immediately. The respondent then has 10
days to answer. If no timely answer is received, a warrant for arrest can be issued by the court upon request. A sheriff’s officer can only serve the warrant. There is a fee for serving this document. The warrant authorizes the officer to go to the address indicated on the notice of motion and make arrangements for all parties to be brought before the court. At that time, the judge may incarcerate the person until he or she complies with the court’s Order.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Motion to Enforce Litigant’s (Creditor’s) Rights
Motion to Enforce Litigant’s (Creditor’s) Rights
If an individual fails to answer or provide complete answers in response to an order for post- judgment discovery, a judgment creditor may make a motion to the court to enforce his or her rights as a creditor. This application notifies the judgment debtor
that an appearance before the court is now required. The purpose of the appearance is to have a judge advise the person that he or she has failed to comply with a prior order of the court and may be punished with further sanctions. The appearance may also provide an opportunity for the development of a mutually agreed upon arrangement for the satisfaction of the debt. If the respondent does not appear on the hearing date, the court may issue an order for arrest as will be discussed below. See R. 1:10- 3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
If an individual fails to answer or provide complete answers in response to an order for post- judgment discovery, a judgment creditor may make a motion to the court to enforce his or her rights as a creditor. This application notifies the judgment debtor
that an appearance before the court is now required. The purpose of the appearance is to have a judge advise the person that he or she has failed to comply with a prior order of the court and may be punished with further sanctions. The appearance may also provide an opportunity for the development of a mutually agreed upon arrangement for the satisfaction of the debt. If the respondent does not appear on the hearing date, the court may issue an order for arrest as will be discussed below. See R. 1:10- 3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Post-Judgment Motions for Discovery
Post-Judgment Motions for Discovery
In order to seek information about a judgment debtor’s assets and income, following the entry of a judgment in the Law Division, Civil Part, a judgment creditor may file a motion for discovery with the court. The motion must state the amount due on a judgment and request that the court issue an order requiring the judgment debtor or any person who has information about his or her assets or income, to answer questions concerning these assets at a place and time specified in the court order. If the person does not comply with the order and fails to appear at the specified time and place, he or she is subject to contempt sanctions enforceable by the court. See R. 4:59- 1(e).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
In order to seek information about a judgment debtor’s assets and income, following the entry of a judgment in the Law Division, Civil Part, a judgment creditor may file a motion for discovery with the court. The motion must state the amount due on a judgment and request that the court issue an order requiring the judgment debtor or any person who has information about his or her assets or income, to answer questions concerning these assets at a place and time specified in the court order. If the person does not comply with the order and fails to appear at the specified time and place, he or she is subject to contempt sanctions enforceable by the court. See R. 4:59- 1(e).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Redaction of Social Security Numbers from Name Change Judgments
Redaction of Social Security Numbers from Name Change Judgments
The statute governing name changes requires that the name change judgment include the Social Security number of the person whose name is being changed ( N.J.S.A. 2A:52-2). The corresponding court rule (R. 4:72- 4) requires publication of the name change judgment in a newspaper of general circulation in the county of plaintiff’s residence. Pursuant to the rule, the plaintiff’s social security number must be redactedfrom the published judgment. The unredacted judgment must be filed with the Deputy Clerk of Superior Court in the county of venue and the appropriate office within the Department of Treasury.
r. Orders from Criminal Division Entering Civil Judgments
Criminal Division orders entering a civil judgment, e.g., for restitution to a crime victim, should be sent to the Superior Court Judgment Unit in Trenton for docketing.
s. Requests for Judgment Searches
All requests for statewide judgment searches should be referred to the following:
Clerk of the Superior Court
Judgment Unit
P.O. Box 971
Trenton, NJ 08625
Phone: 609- 984-4204.
t. Requests for Certified Copies of Judgments
Exemplified copies of judgments entered in the Law Division, Civil Part can be obtained from the county in which the judgment was entered. See p. 21-3 for the required fees.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The statute governing name changes requires that the name change judgment include the Social Security number of the person whose name is being changed ( N.J.S.A. 2A:52-2). The corresponding court rule (R. 4:72- 4) requires publication of the name change judgment in a newspaper of general circulation in the county of plaintiff’s residence. Pursuant to the rule, the plaintiff’s social security number must be redactedfrom the published judgment. The unredacted judgment must be filed with the Deputy Clerk of Superior Court in the county of venue and the appropriate office within the Department of Treasury.
r. Orders from Criminal Division Entering Civil Judgments
Criminal Division orders entering a civil judgment, e.g., for restitution to a crime victim, should be sent to the Superior Court Judgment Unit in Trenton for docketing.
s. Requests for Judgment Searches
All requests for statewide judgment searches should be referred to the following:
Clerk of the Superior Court
Judgment Unit
P.O. Box 971
Trenton, NJ 08625
Phone: 609- 984-4204.
t. Requests for Certified Copies of Judgments
Exemplified copies of judgments entered in the Law Division, Civil Part can be obtained from the county in which the judgment was entered. See p. 21-3 for the required fees.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Assignment of Judgment
Assignment of Judgment
In order to assign a judgment, the judgment creditor must make a written request assigning the judgment and include the name and address of the person or entity to whom the judgment is being assigned. The request must be sent to the Judgment Section of the Clerk of the Superior Court’s Office in Trenton. The request must be accompanied by a $5 fee, made payable to “Treasurer, State of New Jersey.”
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
In order to assign a judgment, the judgment creditor must make a written request assigning the judgment and include the name and address of the person or entity to whom the judgment is being assigned. The request must be sent to the Judgment Section of the Clerk of the Superior Court’s Office in Trenton. The request must be accompanied by a $5 fee, made payable to “Treasurer, State of New Jersey.”
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Allowable Costs in judgment
Allowable Costs in judgment
A party to whom costs are awarded or allowed by law or otherwise in any action, motion or other proceeding, in the Law Division of the Superior Court, is entitled to include in the costs such necessary disbursements, as follows:
The legal fees of witnesses, including mileage for each attendance, masters, commissioners and other officers;
The costs of taking depositions when taxable, by order of the court;
The legal fees for publication where publication is required;
The legal fees paid for a certified copy of a deposition or other paper or document, or map, recorded or filed in any public office, necessarily used or obtained for use in the trial of an issue of fact or the argument of an issue of law, or upon appeal, or otherwise;
Sheriff’s fees for service of process or other mandate or proceeding;
All filing and docketing fees and charges paid to the clerk of court; and
Such other reasonable and necessary expenses as are taxable as allowed by the judge or by express provision of law, or rule of court. See N.J.S.A. 22A:2-8.
o. Vacation of Judgment
A final judgment of default can be vacated or reversed upon the court’s granting of a motion to vacate the default. A motion to vacate a “DJ” judgment must be filed in the Special Civil Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A party to whom costs are awarded or allowed by law or otherwise in any action, motion or other proceeding, in the Law Division of the Superior Court, is entitled to include in the costs such necessary disbursements, as follows:
The legal fees of witnesses, including mileage for each attendance, masters, commissioners and other officers;
The costs of taking depositions when taxable, by order of the court;
The legal fees for publication where publication is required;
The legal fees paid for a certified copy of a deposition or other paper or document, or map, recorded or filed in any public office, necessarily used or obtained for use in the trial of an issue of fact or the argument of an issue of law, or upon appeal, or otherwise;
Sheriff’s fees for service of process or other mandate or proceeding;
All filing and docketing fees and charges paid to the clerk of court; and
Such other reasonable and necessary expenses as are taxable as allowed by the judge or by express provision of law, or rule of court. See N.J.S.A. 22A:2-8.
o. Vacation of Judgment
A final judgment of default can be vacated or reversed upon the court’s granting of a motion to vacate the default. A motion to vacate a “DJ” judgment must be filed in the Special Civil Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Amount of Judgment
Amount of Judgment
Attorney’s fees or collection charges can only be included in a judgment when the contract forming the basis of the lawsuit or a statute provides for such fees or charges in a fixed amount or percentage. See R. 4:43-2(a)(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Attorney’s fees or collection charges can only be included in a judgment when the contract forming the basis of the lawsuit or a statute provides for such fees or charges in a fixed amount or percentage. See R. 4:43-2(a)(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Judgment by Confession
Judgment by Confession
A Judgment by Confession (also known as Confession of Judgment) is the entry of a judgment for the amount of a claim upon a written admission or acknowledgment by a debtor usually without the formality of a court proceeding. Rule 4:45-2 sets forth the procedure for entry of a judgment by confession.
k. Reporting of Judgments Involving Insurance Fraud
Civil judgments in cases of auto insurance fraud must be reported to the New Jersey Motor Vehicle Commission (MVC) wherein a mandatory suspension of the judgment debtor’s driver’s license is imposed pursuant to N.J.S.A. 39:6A-15.
l. Naming of Parties in Judgment
Although a suit may be started against a party designated by an initial letter or letters or a contraction of a given name or names, no final judgment may be entered against a party so designated unless the plaintiff amends the complaint to state at least one full given name of the defendant or the court otherwise orders.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A Judgment by Confession (also known as Confession of Judgment) is the entry of a judgment for the amount of a claim upon a written admission or acknowledgment by a debtor usually without the formality of a court proceeding. Rule 4:45-2 sets forth the procedure for entry of a judgment by confession.
k. Reporting of Judgments Involving Insurance Fraud
Civil judgments in cases of auto insurance fraud must be reported to the New Jersey Motor Vehicle Commission (MVC) wherein a mandatory suspension of the judgment debtor’s driver’s license is imposed pursuant to N.J.S.A. 39:6A-15.
l. Naming of Parties in Judgment
Although a suit may be started against a party designated by an initial letter or letters or a contraction of a given name or names, no final judgment may be entered against a party so designated unless the plaintiff amends the complaint to state at least one full given name of the defendant or the court otherwise orders.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Procedures for Filing of Foreign Judgments
Procedures for Filing of Foreign Judgments
The Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25, permits a judgment, decree, or order of the United States or of any other court, which is entitled to full faith and credit in New Jersey, to be filed with the Clerk of the Superior Court.
The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of New Jersey.
Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J. Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A.
2A:49A- 16 to –24 are met. Requests to record foreign judgments should be directed to the Superior Court
Clerk’s Office, Judgment Unit, P.O. Box 971, Trenton, NJ 08625. A kit for use in such matters can be found on the Judiciary’s Internet website at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25, permits a judgment, decree, or order of the United States or of any other court, which is entitled to full faith and credit in New Jersey, to be filed with the Clerk of the Superior Court.
The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of New Jersey.
Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J. Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A.
2A:49A- 16 to –24 are met. Requests to record foreign judgments should be directed to the Superior Court
Clerk’s Office, Judgment Unit, P.O. Box 971, Trenton, NJ 08625. A kit for use in such matters can be found on the Judiciary’s Internet website at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Procedures for Filing of Foreign Judgments
Procedures for Filing of Foreign Judgments
The Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25, permits a judgment, decree, or order of the United States or of any other court, which is entitled to full faith and credit in New Jersey, to be filed with the Clerk of the Superior Court.
The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of New Jersey.
Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J. Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A.
2A:49A- 16 to –24 are met. Requests to record foreign judgments should be directed to the Superior Court
Clerk’s Office, Judgment Unit, P.O. Box 971, Trenton, NJ 08625. A kit for use in such matters can be found on the Judiciary’s Internet website at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25, permits a judgment, decree, or order of the United States or of any other court, which is entitled to full faith and credit in New Jersey, to be filed with the Clerk of the Superior Court.
The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of New Jersey.
Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J. Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A.
2A:49A- 16 to –24 are met. Requests to record foreign judgments should be directed to the Superior Court
Clerk’s Office, Judgment Unit, P.O. Box 971, Trenton, NJ 08625. A kit for use in such matters can be found on the Judiciary’s Internet website at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Vacation of Judgment
Vacation of Judgment
If the original judgment is vacated after it was recorded as a “DJ” (docketed judgment) in the Office of the Clerk of the Superior Court, the “DJ” record gets vacated as well. When an order is signed vacating the original judgment a copy of the order will be sent to the Superior Court Clerk’s Judgment Unit and the “DJ” will be vacated.
h. Workers’ Compensation Judgments
Certified copies of workers’ compensation judgments against uninsured defendants should be filed directly with the Superior Court Clerk’s Office in Trenton and the filing fee is $35. Where the workers’ compensation judgment is against an insured
respondent, a certified copy of the judgment is f iled in the county in which the hearing was held. See N.J.S.A. 34:15-58. There is no filing fee.
Workers’ compensation judgments are not assigned a “DJ” number until the transcript is forwarded to the Judgment Unit of the Superior Court Clerk’s Office. Upon request, the Deputy Clerk of the county will prepare and issue a transcript of judgment to the person requesting the docketing. The Deputy Clerk signs the transcript and there is a $10 issuance fee, payable to Treasurer, State of New Jersey.
The person requesting the docketing is to complete the certification of amount due and submit the transcript to the Superior Court Clerk’s Office for notation in the statewide judgment system.
The filing fee for docketing the transcript with the Superior Court is $35, payable to Treasurer, State of New Jersey. The mailing address is:
Superior Court of New Jersey
Office of the Clerk
P.O. Box 971
Trenton, NJ 08625.
A copy of the transcript of judgment reflecting the assigned judgment number and date of entry in the statewide judgment system will be returned to the sender if an additional copy and a self- addressed, stamped envelope are provided.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
If the original judgment is vacated after it was recorded as a “DJ” (docketed judgment) in the Office of the Clerk of the Superior Court, the “DJ” record gets vacated as well. When an order is signed vacating the original judgment a copy of the order will be sent to the Superior Court Clerk’s Judgment Unit and the “DJ” will be vacated.
h. Workers’ Compensation Judgments
Certified copies of workers’ compensation judgments against uninsured defendants should be filed directly with the Superior Court Clerk’s Office in Trenton and the filing fee is $35. Where the workers’ compensation judgment is against an insured
respondent, a certified copy of the judgment is f iled in the county in which the hearing was held. See N.J.S.A. 34:15-58. There is no filing fee.
Workers’ compensation judgments are not assigned a “DJ” number until the transcript is forwarded to the Judgment Unit of the Superior Court Clerk’s Office. Upon request, the Deputy Clerk of the county will prepare and issue a transcript of judgment to the person requesting the docketing. The Deputy Clerk signs the transcript and there is a $10 issuance fee, payable to Treasurer, State of New Jersey.
The person requesting the docketing is to complete the certification of amount due and submit the transcript to the Superior Court Clerk’s Office for notation in the statewide judgment system.
The filing fee for docketing the transcript with the Superior Court is $35, payable to Treasurer, State of New Jersey. The mailing address is:
Superior Court of New Jersey
Office of the Clerk
P.O. Box 971
Trenton, NJ 08625.
A copy of the transcript of judgment reflecting the assigned judgment number and date of entry in the statewide judgment system will be returned to the sender if an additional copy and a self- addressed, stamped envelope are provided.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Warrant of Satisfaction
Rule 4:48- 1 requires the party in whose favor the judgment is entered to provide a warrant of satisfaction. See N.J.S.A. 2A: 16- 46. The judgment creditor should submit a warrant of satisfaction to the court when the judgment debtor has paid a judgment in full or to the judgment creditor’s satisfaction. The Clerk of the Superior Court enters warrants of satisfaction or satisfied
execution returns submitted by the sheriff on the docket when the warrant or satisfied execution is presented for filing. Rule 4:48-2 sets forth the docketing responsibility of the clerk. See also N.J.S.A. 2A:16- 47 and 48.
The court cannot force a judgment creditor to issue a warrant to satisfy, nor can it require the creditor to pay the filing fee for the warrants it may issue to the debtor. This may necessitate the debtor filing a motion to have the judgment marked satisfied or, to pay the applicable filing fees for warrants issued to them.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 4:48- 1 requires the party in whose favor the judgment is entered to provide a warrant of satisfaction. See N.J.S.A. 2A: 16- 46. The judgment creditor should submit a warrant of satisfaction to the court when the judgment debtor has paid a judgment in full or to the judgment creditor’s satisfaction. The Clerk of the Superior Court enters warrants of satisfaction or satisfied
execution returns submitted by the sheriff on the docket when the warrant or satisfied execution is presented for filing. Rule 4:48-2 sets forth the docketing responsibility of the clerk. See also N.J.S.A. 2A:16- 47 and 48.
The court cannot force a judgment creditor to issue a warrant to satisfy, nor can it require the creditor to pay the filing fee for the warrants it may issue to the debtor. This may necessitate the debtor filing a motion to have the judgment marked satisfied or, to pay the applicable filing fees for warrants issued to them.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Satisfaction of Judgments
Satisfaction of Judgments
A judgment can be fully satisfied in the following ways:
Paying the judgment creditor in full and receiving from them a Warrant of Satisfaction to be filed in the appropriate clerk’s office.
Wage or Writ of Execution Return – sheriff marks the writ return “fully satisfied” which reflects that the judgment and costs have been paid in full.
Order of Satisfaction – the judgment debtor can apply to the court for an Order of Satisfaction this when the judgment creditor refuses and/or cannot be located to produce a warrant of satisfaction. The proof submitted by the judgment debtor will be sent by the court to the judgment creditor who will have 10 days to object. If an objection is received, the matter will be set down for a hearing. If no objection is received, the court will determine if the judgment/debt has been satisfied and will enter an order.
Consent Order – an order signed by both parties consenting to the entry of a satisfaction of judgment maybe submitted to the court for a judge’s signature.
In order to satisfy of record the lien of a judgment that the judgment debtor claims was discharged in bankruptcy, the debtor must obtain within one year of the date of the discharge, an Order specifically discharging the lien of the particular judgment from the United States Bankruptcy Court. If more than one year from the date of the discharge in bankruptcy has passed, the debtor must file a motion to discharge the lien of the judgment, in the underlying action giving rise to the judgment, seeking an order of the Superior Court pursuant to N.J.S.A. 2A:16.49.1.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A judgment can be fully satisfied in the following ways:
Paying the judgment creditor in full and receiving from them a Warrant of Satisfaction to be filed in the appropriate clerk’s office.
Wage or Writ of Execution Return – sheriff marks the writ return “fully satisfied” which reflects that the judgment and costs have been paid in full.
Order of Satisfaction – the judgment debtor can apply to the court for an Order of Satisfaction this when the judgment creditor refuses and/or cannot be located to produce a warrant of satisfaction. The proof submitted by the judgment debtor will be sent by the court to the judgment creditor who will have 10 days to object. If an objection is received, the matter will be set down for a hearing. If no objection is received, the court will determine if the judgment/debt has been satisfied and will enter an order.
Consent Order – an order signed by both parties consenting to the entry of a satisfaction of judgment maybe submitted to the court for a judge’s signature.
In order to satisfy of record the lien of a judgment that the judgment debtor claims was discharged in bankruptcy, the debtor must obtain within one year of the date of the discharge, an Order specifically discharging the lien of the particular judgment from the United States Bankruptcy Court. If more than one year from the date of the discharge in bankruptcy has passed, the debtor must file a motion to discharge the lien of the judgment, in the underlying action giving rise to the judgment, seeking an order of the Superior Court pursuant to N.J.S.A. 2A:16.49.1.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Revival of Judgments
Revival of Judgments
According to N.J.S.A. 2A:14-4, a judgment in any court of record in New Jersey may be revived within 20 years after the date of the judgment but not thereafter. Such applications must be by motion using the original judgment number.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
According to N.J.S.A. 2A:14-4, a judgment in any court of record in New Jersey may be revived within 20 years after the date of the judgment but not thereafter. Such applications must be by motion using the original judgment number.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Handling DJ Judgments
Handling DJ Judgments
Once a judgment entered in the Special Civil Part is docketed in the Civil Judgment and Order Docket as a statewide lien i.e., after a Statement for Docketing is entered and a DJ number assigned, all further proceedings, except a motion to vacate the
Special Civil Part judgment, must be brought under the DJ number in the Law Division, Civil Part in the county of original venue. All State- initiated post- judgment DJ matters must be brought in the Mercer vicinage except motions relating to foreign judgments and matters involving the New Jersey Motor Vehicle Commission (MVC), which must be handled in the county in which the defendant resides or if the defendant is not a resident of New Jersey, the motion shall be venued in the county in which property is located. See R. 4:3- 2(a) and N.J.S.A. 2A:18-41.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Once a judgment entered in the Special Civil Part is docketed in the Civil Judgment and Order Docket as a statewide lien i.e., after a Statement for Docketing is entered and a DJ number assigned, all further proceedings, except a motion to vacate the
Special Civil Part judgment, must be brought under the DJ number in the Law Division, Civil Part in the county of original venue. All State- initiated post- judgment DJ matters must be brought in the Mercer vicinage except motions relating to foreign judgments and matters involving the New Jersey Motor Vehicle Commission (MVC), which must be handled in the county in which the defendant resides or if the defendant is not a resident of New Jersey, the motion shall be venued in the county in which property is located. See R. 4:3- 2(a) and N.J.S.A. 2A:18-41.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Civil Judgment and Order Docket
Civil Judgment and Order Docket
The Clerk of Superior Court is required by statute and court rule to keep a Civil Judgment and Order Docket. The Civil Judgment and Order Docket creates a record of judgments or orders for the payment of money. See N.J.S.A. 2A:16-11 and R. 4:101.
A judgment docketed on the Civil Judgment and Order Docket becomes a lien on all real property owned by the judgment debtor in the State of New Jersey. Such liens are purely statutory in nature. Brescher v. Gem. Dunetz. Davison & Weinstein, 245 N.J. Super. 365 (App. Div. 1991).
All judgments filed since 1984 are indexed on the Civil Judgment and Order Docket Automated System.
There are a number of courts and executive agencies that have authority to record judgments. The source of a judgment on the Civil Judgment and Order Docket is distinguished by the prefix to the judgment docket number. The five judgment categories are:
“J” Judgments rendered in the Superior Court Chancery, Law (Civil and Criminal) and Criminal Divisions.
“DJ” Judgments rendered in the Special Civil Part, Municipal Courts, Certificates of Debt filed by State and County Agencies and Foreign Judgments. Certificates of Franchise Assessments under N.J.S.A. 40a:12a- 53.1.
“MP” Judgments docketed covering municipal parking violations.
“ML” Municipal Public Defender Liens.
“PD” Certificates of Liens filed by the Office of the Public Defender.
The full record for any electronically recorded judgment appears on the ACMS
Civil Judgment and Order Docket. There is no paper copy.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The Clerk of Superior Court is required by statute and court rule to keep a Civil Judgment and Order Docket. The Civil Judgment and Order Docket creates a record of judgments or orders for the payment of money. See N.J.S.A. 2A:16-11 and R. 4:101.
A judgment docketed on the Civil Judgment and Order Docket becomes a lien on all real property owned by the judgment debtor in the State of New Jersey. Such liens are purely statutory in nature. Brescher v. Gem. Dunetz. Davison & Weinstein, 245 N.J. Super. 365 (App. Div. 1991).
All judgments filed since 1984 are indexed on the Civil Judgment and Order Docket Automated System.
There are a number of courts and executive agencies that have authority to record judgments. The source of a judgment on the Civil Judgment and Order Docket is distinguished by the prefix to the judgment docket number. The five judgment categories are:
“J” Judgments rendered in the Superior Court Chancery, Law (Civil and Criminal) and Criminal Divisions.
“DJ” Judgments rendered in the Special Civil Part, Municipal Courts, Certificates of Debt filed by State and County Agencies and Foreign Judgments. Certificates of Franchise Assessments under N.J.S.A. 40a:12a- 53.1.
“MP” Judgments docketed covering municipal parking violations.
“ML” Municipal Public Defender Liens.
“PD” Certificates of Liens filed by the Office of the Public Defender.
The full record for any electronically recorded judgment appears on the ACMS
Civil Judgment and Order Docket. There is no paper copy.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Appealing Civil Part Decisions
Appealing Civil Part Decisions
Prior to filing an appeal, a party disagreeing with a Judge’s decision may also file a motion for a reconsideration under R. 4:50. This motion will be decided by the same judge who handled the original motion.
If a party disagrees with a decision of a Civil Part judge and wishes to appeal, an appeal must be filed with the Appellate Division of the Superior Court within 45 days from the date of the judgment or order being appealed. A kit outlining the procedure
appears on the Judiciary’s Internet web page at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Prior to filing an appeal, a party disagreeing with a Judge’s decision may also file a motion for a reconsideration under R. 4:50. This motion will be decided by the same judge who handled the original motion.
If a party disagrees with a decision of a Civil Part judge and wishes to appeal, an appeal must be filed with the Appellate Division of the Superior Court within 45 days from the date of the judgment or order being appealed. A kit outlining the procedure
appears on the Judiciary’s Internet web page at www.njcourtsonline.com.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
COMPLEMENTARY DISPUTE RESOLUTION
COMPLEMENTARY DISPUTE RESOLUTION
Complementary Dispute Resolution or “CDR” is a collection of strategies or methods for resolving legal disputes without the time and expense ordinarily associated with trials and the traditional trial court process. CDR methods complement the
traditional litigation process. In New Jersey, Alternate Dispute Resolution or “ADR” refers to the referral of cases to private providers outside of the court system. It should be used as early in the life cycle of a case as possible to avoid many of the pitfalls of the traditional litigation process, including cost, delay, intimidation and polarization of the parties.
Without sacrificing quality, court-sponsored CDR programs offer many benefits: reduced time to resolution; streamlined and less costly discovery; effective case management; increased confidentiality; improved communication of essential issues;
participation of litigants in the resolution of their dispute. A wide range of CDR methods are available for use in the civil case management system, including:
Non-Binding Arbitration -- the dispute is submitted to experienced, knowledgeable, neutral attorneys or retired judges to hear arguments, review evidence and render a non- binding decision. Any party has the right to reject the award and demand a trial. The arbitration award, if accepted by the parties and confirmed by the court, can be made into a legally binding and enforceable judgment. Less formal and less complex than trial, arbitration can often be concluded more quickly than formal court proceedings. Arbitration is mandatory for certain types of cases.
Voluntary Binding Arbitration -- the parties file a written consent order, signed by all attorneys and the parties themselves, submitting the case to binding arbitration and voluntarily dismissing their case. Parties are encouraged to enter into high/low agreements of which the arbitrators are unaware. The purpose of the high/low agreement is to give the parties control over the outcome. The case is presented in abbreviated form to a panel of two arbitrators whom the parties have
selected. A sitting Superior Court judge also selected by the parties is present but becomes involved in the process only if (and to the extent that) the arbitrators do not agree. The proceedings are held in the courtroom and the judge explains to the parties at the outset and on the record that the determination of the panel will be final and not appealable. All parties must then agree, on the record, that they understand the final and binding nature of the program. The hearing, however, proceeds off the record. The decision of the arbitration panel is memorialized as a judgment if the court does not receive a stipulation
of settlement within 30 days. If the parties had entered into a high/low agreement, the plaintiff could get no less than the “low” and the defendant would not be subject to exposure above the “high.” Sample forms appear in the appendix.
Court-Annexed Mediation -- an impartial third party, the mediator, facilitates negotiations among the parties to help them reach a mutually acceptable settlement. A mediator does not make a decision. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. Benefits include: preservation of ongoing party relations, savings in trial expenses and decreased psychological and emotional costs to litigants. Cases may either be referred to the Civil Mediation Program, to mediation by the state Office of Dispute Settlement (run by Eric Max), or to private mediators.
Summary Jury Trial (SJT) -- most appropriate for complex cases. SJT allows the parties to learn the probable outcome of an actual jury trial, by conducting an abbreviated trial lasting one half to one full day, with little or no live testimony, before an “advisory” jury. All aspects of a traditional trial are streamlined. A judge presides. Attorneys present their cases by
oral summary based upon discovery documents and affidavits of experts. Comprehensible, lay language is utilized in presenting the case and in the jury charge. The verdict is non-binding. Sample forms appear in the appendix.
Expedited Jury Trial -- similar to SJT but binding and appealable.
Sample forms appear in the appendix. For more detailed provisions relating to Civil CDR modalities, see Civil CDR Program Resource Book.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Complementary Dispute Resolution or “CDR” is a collection of strategies or methods for resolving legal disputes without the time and expense ordinarily associated with trials and the traditional trial court process. CDR methods complement the
traditional litigation process. In New Jersey, Alternate Dispute Resolution or “ADR” refers to the referral of cases to private providers outside of the court system. It should be used as early in the life cycle of a case as possible to avoid many of the pitfalls of the traditional litigation process, including cost, delay, intimidation and polarization of the parties.
Without sacrificing quality, court-sponsored CDR programs offer many benefits: reduced time to resolution; streamlined and less costly discovery; effective case management; increased confidentiality; improved communication of essential issues;
participation of litigants in the resolution of their dispute. A wide range of CDR methods are available for use in the civil case management system, including:
Non-Binding Arbitration -- the dispute is submitted to experienced, knowledgeable, neutral attorneys or retired judges to hear arguments, review evidence and render a non- binding decision. Any party has the right to reject the award and demand a trial. The arbitration award, if accepted by the parties and confirmed by the court, can be made into a legally binding and enforceable judgment. Less formal and less complex than trial, arbitration can often be concluded more quickly than formal court proceedings. Arbitration is mandatory for certain types of cases.
Voluntary Binding Arbitration -- the parties file a written consent order, signed by all attorneys and the parties themselves, submitting the case to binding arbitration and voluntarily dismissing their case. Parties are encouraged to enter into high/low agreements of which the arbitrators are unaware. The purpose of the high/low agreement is to give the parties control over the outcome. The case is presented in abbreviated form to a panel of two arbitrators whom the parties have
selected. A sitting Superior Court judge also selected by the parties is present but becomes involved in the process only if (and to the extent that) the arbitrators do not agree. The proceedings are held in the courtroom and the judge explains to the parties at the outset and on the record that the determination of the panel will be final and not appealable. All parties must then agree, on the record, that they understand the final and binding nature of the program. The hearing, however, proceeds off the record. The decision of the arbitration panel is memorialized as a judgment if the court does not receive a stipulation
of settlement within 30 days. If the parties had entered into a high/low agreement, the plaintiff could get no less than the “low” and the defendant would not be subject to exposure above the “high.” Sample forms appear in the appendix.
Court-Annexed Mediation -- an impartial third party, the mediator, facilitates negotiations among the parties to help them reach a mutually acceptable settlement. A mediator does not make a decision. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. Benefits include: preservation of ongoing party relations, savings in trial expenses and decreased psychological and emotional costs to litigants. Cases may either be referred to the Civil Mediation Program, to mediation by the state Office of Dispute Settlement (run by Eric Max), or to private mediators.
Summary Jury Trial (SJT) -- most appropriate for complex cases. SJT allows the parties to learn the probable outcome of an actual jury trial, by conducting an abbreviated trial lasting one half to one full day, with little or no live testimony, before an “advisory” jury. All aspects of a traditional trial are streamlined. A judge presides. Attorneys present their cases by
oral summary based upon discovery documents and affidavits of experts. Comprehensible, lay language is utilized in presenting the case and in the jury charge. The verdict is non-binding. Sample forms appear in the appendix.
Expedited Jury Trial -- similar to SJT but binding and appealable.
Sample forms appear in the appendix. For more detailed provisions relating to Civil CDR modalities, see Civil CDR Program Resource Book.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Special Needs Trusts
Special Needs Trusts
While special needs trusts may initially be in the context of a Law Division, Civil Part matter, the actual instrument and all modifications thereto should be handled in the Chancery Division, Probate Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
While special needs trusts may initially be in the context of a Law Division, Civil Part matter, the actual instrument and all modifications thereto should be handled in the Chancery Division, Probate Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Structured Settlement Protection Act
Structured Settlement Protection Act
The Structured Settlement Protection Act, N.J.S.A. 2A:16-63 through 2A:16 -69, allows the beneficiary of a structured settlement to assign or sell his or her interest in the future income stream to a financial institution at a discount, provided a judge finds that such assignment or sale is in the best interests of the assignor.
Pursuant to R. 4:44A, such actions should be brought by OSC with a verified complaint. If unopposed, the matter may be decided on the papers. If opposed, a hearing will be scheduled and the applicant (buyer/transferee) and the original payee will be required to testify.
Venue for such actions shall be in the county where the payor/assignor resides.
See R. 4:44A- 1
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The Structured Settlement Protection Act, N.J.S.A. 2A:16-63 through 2A:16 -69, allows the beneficiary of a structured settlement to assign or sell his or her interest in the future income stream to a financial institution at a discount, provided a judge finds that such assignment or sale is in the best interests of the assignor.
Pursuant to R. 4:44A, such actions should be brought by OSC with a verified complaint. If unopposed, the matter may be decided on the papers. If opposed, a hearing will be scheduled and the applicant (buyer/transferee) and the original payee will be required to testify.
Venue for such actions shall be in the county where the payor/assignor resides.
See R. 4:44A- 1
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Medicare Liens – Apportionment of Settlement Monies
Medicare Liens – Apportionment of Settlement Monies
When the U.S. Department of Health and Human Services is not a party to a case and there is a Medicare lien and the proceeds of a settlement are allocated entirely to pain and suffering, the court will require that Medicare be noticed of the action and of the pending settlement.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
When the U.S. Department of Health and Human Services is not a party to a case and there is a Medicare lien and the proceeds of a settlement are allocated entirely to pain and suffering, the court will require that Medicare be noticed of the action and of the pending settlement.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Court -Mandated Settlement Events
Court -Mandated Settlement Events
No more than one court-mandated settlement conference may be held. See R. 4:5B-3. The requirement of no more than one court-mandated settlement conference prior to the trial date does not preclude continuation of a conference from one day to the next.
Additional settlement conferences may be held with the consent of the parties. If all parties do not consent to more than one settlement conference, the court may nonetheless hold such a conference with those parties that do consent.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
No more than one court-mandated settlement conference may be held. See R. 4:5B-3. The requirement of no more than one court-mandated settlement conference prior to the trial date does not preclude continuation of a conference from one day to the next.
Additional settlement conferences may be held with the consent of the parties. If all parties do not consent to more than one settlement conference, the court may nonetheless hold such a conference with those parties that do consent.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Transfer of a Special Civil Part Case to the Civil Part
Transfer of a Special Civil Part Case to the Civil Part
Rule 6:4-1(b) sets out the circumstances and procedure for transferring a case from the Special Civil Part to the Law Division – Civil Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 6:4-1(b) sets out the circumstances and procedure for transferring a case from the Special Civil Part to the Law Division – Civil Part.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Transferring a Case from One County to Another
Transferring a Case from One County to Another
When a case is transferred, it is closed in the county transferring it and reopened in the new county under a new docket number. The transferring county will send the originals of all filed documents to the receiving county, keeping copies. If the case is transferred back to the county of original venue, it is closed out in the transferring county and will be reopened in the original county under the original docket number. In such instances, the originals of documents will be returned by the transferring county.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
When a case is transferred, it is closed in the county transferring it and reopened in the new county under a new docket number. The transferring county will send the originals of all filed documents to the receiving county, keeping copies. If the case is transferred back to the county of original venue, it is closed out in the transferring county and will be reopened in the original county under the original docket number. In such instances, the originals of documents will be returned by the transferring county.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Procedure for Removal of a Civil Case from State Court to Federal District Court
Procedure for Removal of a Civil Case from State Court to Federal District Court
A defendant seeking to remove a civil action from a State court to the Federal District Court shall file a notice of removal in the District Court to which the action is to be transferred. The notice must contain a short statement of the grounds for removal,
together with a copy of all process, pleadings, and orders served upon the defendant. The notice of removal must be filed within 30 days after the receipt of the initial pleading.
The defendant must give written notice to all adverse parties and file a copy of the notice with the clerk of the State court. Once the notice of filing is received in the clerk’s office, the case is removed and shall proceed no further unless or until the matter is remanded from the District Court. At this point, the State court case shall be closed. After prompt review of the notice, the District Court either enters an order for summary remand to the State court when the face of the notice and annexed exhibits do not support a removal or orders an evidentiary hearing to determine whether removal should be permitted. If the
District Court decides to permit removal, it shall notify the State court in which the case was pending. See 28 U.S.C.A. 1445.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A defendant seeking to remove a civil action from a State court to the Federal District Court shall file a notice of removal in the District Court to which the action is to be transferred. The notice must contain a short statement of the grounds for removal,
together with a copy of all process, pleadings, and orders served upon the defendant. The notice of removal must be filed within 30 days after the receipt of the initial pleading.
The defendant must give written notice to all adverse parties and file a copy of the notice with the clerk of the State court. Once the notice of filing is received in the clerk’s office, the case is removed and shall proceed no further unless or until the matter is remanded from the District Court. At this point, the State court case shall be closed. After prompt review of the notice, the District Court either enters an order for summary remand to the State court when the face of the notice and annexed exhibits do not support a removal or orders an evidentiary hearing to determine whether removal should be permitted. If the
District Court decides to permit removal, it shall notify the State court in which the case was pending. See 28 U.S.C.A. 1445.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Bifurcation of Liability and Damages
Bifurcation of Liability and Damages
Rule 4:38-2(b) permits consideration of bifurcation in individual cases only. No county should implement or maintain a policy that calls for routine bifurcation of a particular type of case.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 4:38-2(b) permits consideration of bifurcation in individual cases only. No county should implement or maintain a policy that calls for routine bifurcation of a particular type of case.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Sanctions May Be Imposed for Failure to Exchange and Submit Pretrial Information Exchange
Sanctions May Be Imposed for Failure to Exchange and Submit Pretrial Information Exchange
Failure to exchange (unless waived in writing) and submit the required information may result in sanctions, in the discretion of the trial judge.
The trial judge, not the Civil Presiding Judge, should determine if sanctions are appropriate under R. 4:25- 7 and, if so, should impose them via an order.
p. No Exceptions to Pretrial Informational Exchange Requirements Rule 4:25-7 makes no exceptions for cases on particular tracks. All civil cases are subject to the requirements of R. 4:25-7.
q. Stipulations – Continuing Duty to Report During Trial
Attorneys are under a continuing obligation to report to the court any stipulations reached during trial.
r. Good Faith Effort to List Witnesses
Attorneys should make a good faith effort to list in the pretrial information exchange all witnesses to be called at trial. A party, however, will not be foreclosed from calling a witness, properly named in discovery, who is not listed in the pretrial information exchange, if such a good faith effort was made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Failure to exchange (unless waived in writing) and submit the required information may result in sanctions, in the discretion of the trial judge.
The trial judge, not the Civil Presiding Judge, should determine if sanctions are appropriate under R. 4:25- 7 and, if so, should impose them via an order.
p. No Exceptions to Pretrial Informational Exchange Requirements Rule 4:25-7 makes no exceptions for cases on particular tracks. All civil cases are subject to the requirements of R. 4:25-7.
q. Stipulations – Continuing Duty to Report During Trial
Attorneys are under a continuing obligation to report to the court any stipulations reached during trial.
r. Good Faith Effort to List Witnesses
Attorneys should make a good faith effort to list in the pretrial information exchange all witnesses to be called at trial. A party, however, will not be foreclosed from calling a witness, properly named in discovery, who is not listed in the pretrial information exchange, if such a good faith effort was made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Pretrial Information Exchange Form
Pretrial Information Exchange Form
Rule 4:25- 7 provides that parties must confer and exchange (unless waived in writing) certain information seven days prior to the scheduled trial date. See Appendix XXIII to the Court Rules. This and other information, as provided in R. 4:25-7, should be
provided to the court on the trial date. The purpose of the rule is to ensure that counsel review their file prior to arriving at the courthouse for trial and that counsel and the court have all the information they will need to take the case to trial. Trial judges benefit from the attorneys’ preparation of the information because the judges are provided with everything they need in a single package. If the case is simple or routine, then preparation of the information required under R. 4:25 -7 should be relatively simple or routine as well. In case of non-compliance, the discretion as to whether to impoase a sanction resides with the trial judge.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Rule 4:25- 7 provides that parties must confer and exchange (unless waived in writing) certain information seven days prior to the scheduled trial date. See Appendix XXIII to the Court Rules. This and other information, as provided in R. 4:25-7, should be
provided to the court on the trial date. The purpose of the rule is to ensure that counsel review their file prior to arriving at the courthouse for trial and that counsel and the court have all the information they will need to take the case to trial. Trial judges benefit from the attorneys’ preparation of the information because the judges are provided with everything they need in a single package. If the case is simple or routine, then preparation of the information required under R. 4:25 -7 should be relatively simple or routine as well. In case of non-compliance, the discretion as to whether to impoase a sanction resides with the trial judge.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Videotaping Expert Unavailable for Trial
Videotaping Expert Unavailable for Trial
A previously unavailable expert will be required to appear in person or on videotape on the rescheduled trial date or, with the consent of all parties, the expert’s deposition may be read to the jury. See R. 4:36- 3(c).
If the trial was previously adjourned because of one expert’s unavailability, the court may direct that no further adjournments will be granted for the failure of any expert to appear. See R. 4:36-3(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A previously unavailable expert will be required to appear in person or on videotape on the rescheduled trial date or, with the consent of all parties, the expert’s deposition may be read to the jury. See R. 4:36- 3(c).
If the trial was previously adjourned because of one expert’s unavailability, the court may direct that no further adjournments will be granted for the failure of any expert to appear. See R. 4:36-3(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Conflict Between Trial and Videotaped Deposition - - Designated Trial Counsel Rule
Conflict Between Trial and Videotaped Deposition - - Designated Trial Counsel Rule
The videotaped deposition of an expert for use at trial is tantamount to trial testimony, so the designated trial counsel rule should apply in such circumstances; however, trials take precedence over videotaped depositions. The court should take a
reasonable approach to try to accommodate conflicts between these two events. For example, if money has been paid out to schedule the video deposition and the adversary cannot attend because he or she is in trial and no one else can cover the deposition, the court may allow the video deposition to be put off but might order the party who cannot go forward on the originally scheduled date to reimburse the party scheduling the video deposition.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The videotaped deposition of an expert for use at trial is tantamount to trial testimony, so the designated trial counsel rule should apply in such circumstances; however, trials take precedence over videotaped depositions. The court should take a
reasonable approach to try to accommodate conflicts between these two events. For example, if money has been paid out to schedule the video deposition and the adversary cannot attend because he or she is in trial and no one else can cover the deposition, the court may allow the video deposition to be put off but might order the party who cannot go forward on the originally scheduled date to reimburse the party scheduling the video deposition.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Procedures for Resolving Attorneys' Civil Trial Scheduling Conflicts
Procedures for Resolving Attorneys' Civil Trial Scheduling Conflicts
The Supreme Court has authorized the following procedures for resolving attorneys' civil trial scheduling conflicts:
1. As a general principle, in the event of a conflict involving cases scheduled for trial at the same time in different counties, the older or oldest case will have priority over cases commenced at a later time. Exigent circumstances may, however, suggest a different priority, as, for example, when a party is terminally ill or a complex matter involving multiple attorneys has been scheduled peremptorily (see paragraph 4, below). In such instances, the vicinage with the younger case must follow the procedure set forth in paragraph 3, below.
2. Immediately upon recognizing that a conflict may exist between cases scheduled for trial at the same time in more than one county, an attorney shall notify the Civil Division Manager of each county in which a conflicting case is scheduled, as well as all counsel in all affected cases, in order that the Civil Division Manager with the newer case may know that the case is subject to the trial of an older case in another county.
3. In the event that an attorney or a Civil Division Manager is of the opinion that valid reasons exist for extending priority to the newer case, the conflict will be promptly resolved by a conference of the Civil Division Managers of the counties where the cases are pending. In the event that the Civil Division Managers are unable to resolve the scheduling conflict among themselves, each shall immediately communicate the problem to their respective Civil Presiding Judges, who shall promptly confer and resolve the conflict.
4. Peremptory designation is defined as trial priority granted by a
Presiding Judge or his or her designee, regardless of the age of the case, upon a showing of exceptional circumstances and only where that Presiding Judge or designee has secured the consent of any other Presiding Judge(s) or designee(s) whose trial calendar may be affected by such designation. Peremptory designations should be used sparingly and should only be made no sooner than four weeks before the trial date.
5. When an attorney is actually in trial at the time another case is called for trial, whether or not the case called for trial is older, it either shall be marked "ready-hold" or “subject to” pending completion of the case in trial, or adjourned and another date set.
6. An attorney awaiting assignment for trial in more than one case shall proceed to trial on the first case actually assigned out to a judge for immediate trial, regardless of the age of the other case or cases. The intent of this principle is that a county may not hold an attorney in a case that cannot be assigned to a judge for immediate trial, but must release the attorney to proceed to another county where adverse counsel and the judge are awaiting the arrival of the
attorney to commence trial immediately.
7. As stated in R. 4:35- 4, insofar as practicable, all civil trials should be continuous and uninterrupted, and should run for the full day as prescribed in R. 1:30-3.
NOTE: Nothing in this Directive is intended to alter the operation of the designated trial counsel rule (Rule 4:25-4).
These procedures should be followed uniformly in all counties. See AOC Directive #12-05, a copy of which appears in the appendix. “Pre-assignment” of a case for trial does not constitute a peremptory designation and thus such cases are subject to being trumped by an older case scheduled for trial in another county.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
The Supreme Court has authorized the following procedures for resolving attorneys' civil trial scheduling conflicts:
1. As a general principle, in the event of a conflict involving cases scheduled for trial at the same time in different counties, the older or oldest case will have priority over cases commenced at a later time. Exigent circumstances may, however, suggest a different priority, as, for example, when a party is terminally ill or a complex matter involving multiple attorneys has been scheduled peremptorily (see paragraph 4, below). In such instances, the vicinage with the younger case must follow the procedure set forth in paragraph 3, below.
2. Immediately upon recognizing that a conflict may exist between cases scheduled for trial at the same time in more than one county, an attorney shall notify the Civil Division Manager of each county in which a conflicting case is scheduled, as well as all counsel in all affected cases, in order that the Civil Division Manager with the newer case may know that the case is subject to the trial of an older case in another county.
3. In the event that an attorney or a Civil Division Manager is of the opinion that valid reasons exist for extending priority to the newer case, the conflict will be promptly resolved by a conference of the Civil Division Managers of the counties where the cases are pending. In the event that the Civil Division Managers are unable to resolve the scheduling conflict among themselves, each shall immediately communicate the problem to their respective Civil Presiding Judges, who shall promptly confer and resolve the conflict.
4. Peremptory designation is defined as trial priority granted by a
Presiding Judge or his or her designee, regardless of the age of the case, upon a showing of exceptional circumstances and only where that Presiding Judge or designee has secured the consent of any other Presiding Judge(s) or designee(s) whose trial calendar may be affected by such designation. Peremptory designations should be used sparingly and should only be made no sooner than four weeks before the trial date.
5. When an attorney is actually in trial at the time another case is called for trial, whether or not the case called for trial is older, it either shall be marked "ready-hold" or “subject to” pending completion of the case in trial, or adjourned and another date set.
6. An attorney awaiting assignment for trial in more than one case shall proceed to trial on the first case actually assigned out to a judge for immediate trial, regardless of the age of the other case or cases. The intent of this principle is that a county may not hold an attorney in a case that cannot be assigned to a judge for immediate trial, but must release the attorney to proceed to another county where adverse counsel and the judge are awaiting the arrival of the
attorney to commence trial immediately.
7. As stated in R. 4:35- 4, insofar as practicable, all civil trials should be continuous and uninterrupted, and should run for the full day as prescribed in R. 1:30-3.
NOTE: Nothing in this Directive is intended to alter the operation of the designated trial counsel rule (Rule 4:25-4).
These procedures should be followed uniformly in all counties. See AOC Directive #12-05, a copy of which appears in the appendix. “Pre-assignment” of a case for trial does not constitute a peremptory designation and thus such cases are subject to being trumped by an older case scheduled for trial in another county.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Excusal of State Bar Association Officers and Members from Trial Dates
Excusal of State Bar Association Officers and Members from Trial Dates
Trial judges should honor the request of any officer or trustee of the New Jersey State Bar Association to be excused from trial commitments on the day of a scheduled trustees' and officers' meeting, unless there is a compelling reason for the trial to go forward. There are approximately 40 trustees and officers; they meet generally ten times a year. Reasonable notice of such meetings should be given to the Assignment Judge by any trustee or officer who requires an excuse from trial commitments. Assuming such notice is given, denial of a request should be limited to extraordinary circumstances, such
as the previous scheduling of a matter involving many attorneys where it is clear that rescheduling would be inordinately difficult. The same policy applies to members of the Judicial and Prosecutorial Appointments Committee (which meets eight or nine times a year), and to those members of the General Council who plan to attend the annual and semi-annual New Jersey State Bar Associatio n General Council meetings, again subject to reasonable prior notice to the court.
Finally, any member of the New Jersey State Bar Association who plans to attend the Association's midyear Annual Meeting should be subject to the same excusal policy. Thus, any member of the State Bar who attends an annual meeting should be excused upon request (with reasonable notice) from trial commitments on conflicting annual meeting days (plus travel time), unless there is a compelling reason for a particular trial to proceed. See AOC Directive #9-97, a copy of which appears in the appendix.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Trial judges should honor the request of any officer or trustee of the New Jersey State Bar Association to be excused from trial commitments on the day of a scheduled trustees' and officers' meeting, unless there is a compelling reason for the trial to go forward. There are approximately 40 trustees and officers; they meet generally ten times a year. Reasonable notice of such meetings should be given to the Assignment Judge by any trustee or officer who requires an excuse from trial commitments. Assuming such notice is given, denial of a request should be limited to extraordinary circumstances, such
as the previous scheduling of a matter involving many attorneys where it is clear that rescheduling would be inordinately difficult. The same policy applies to members of the Judicial and Prosecutorial Appointments Committee (which meets eight or nine times a year), and to those members of the General Council who plan to attend the annual and semi-annual New Jersey State Bar Associatio n General Council meetings, again subject to reasonable prior notice to the court.
Finally, any member of the New Jersey State Bar Association who plans to attend the Association's midyear Annual Meeting should be subject to the same excusal policy. Thus, any member of the State Bar who attends an annual meeting should be excused upon request (with reasonable notice) from trial commitments on conflicting annual meeting days (plus travel time), unless there is a compelling reason for a particular trial to proceed. See AOC Directive #9-97, a copy of which appears in the appendix.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Continuous Trials
Continuous Trials
Insofar as is practicable, all trials should be continuous and uninterrupted, and should run for the full day as prescribed by R. 1:30-3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Insofar as is practicable, all trials should be continuous and uninterrupted, and should run for the full day as prescribed by R. 1:30-3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Assignment for Trial
Assignment for Trial
Advising an attorney that he or she is “assigned” for trial on some day in the near future will not serve to hold that attorney’s time on that day. All “assigned” means is that the court anticipates that the attorney will start trial on a particular day.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Advising an attorney that he or she is “assigned” for trial on some day in the near future will not serve to hold that attorney’s time on that day. All “assigned” means is that the court anticipates that the attorney will start trial on a particular day.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Trial Calendaring Prior to End of Trial De Novo Filing Period
Trial Calendaring Prior to End of Trial De Novo Filing Period
Trial notices for a case subject to arbitration should not go out until after a trial de novo request is made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Trial notices for a case subject to arbitration should not go out until after a trial de novo request is made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Relisted Cases
Relisted Cases
If a case is not reached during the week in which the initial trial date falls, it should be relisted for a trial date certain after consultation with counsel. No case should be relisted sooner than four weeks from the initial trial date without agreement of
counsel. Counsel are to receive written notice of new trial dates for relisted cases. This is intended to put a stop to telephone notice of rescheduled trial dates, which made the entire trial process unpredictable for attorneys, litigants and witnesses. Telephone notice is impermissible. See R. 4:36- 3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
If a case is not reached during the week in which the initial trial date falls, it should be relisted for a trial date certain after consultation with counsel. No case should be relisted sooner than four weeks from the initial trial date without agreement of
counsel. Counsel are to receive written notice of new trial dates for relisted cases. This is intended to put a stop to telephone notice of rescheduled trial dates, which made the entire trial process unpredictable for attorneys, litigants and witnesses. Telephone notice is impermissible. See R. 4:36- 3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
“On Call”
“On Call”
No vicinage should have a blanket “on call” period, such as a “one- hour” call or a “half day call” for all cases being held. The length of an “on call” period should be worked out between the attorneys and court staff before the attorneys leave the courthouse. It should be determined on a case by case basis depending on the needs of the particular case and the status of the calendar during the particular week .
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
No vicinage should have a blanket “on call” period, such as a “one- hour” call or a “half day call” for all cases being held. The length of an “on call” period should be worked out between the attorneys and court staff before the attorneys leave the courthouse. It should be determined on a case by case basis depending on the needs of the particular case and the status of the calendar during the particular week .
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
“Subject To” / “Ready Hold” Markings
“Subject To” / “Ready Hold” Markings
Unless an attorney is actually on his or her feet before another judge, that attorney may be expected to appear for trial before any other judge, absent exceptional circumstances. As a general rule, if two ready cases handled by the same attorney will be
reached for trial on the same day, the older case takes precedence. In some instances, however, as when the younger case involves witnesses who have traveled a considerable distance to testify, the younger case will take precedence. Such conflicts should be worked out reasonably by the Civil Presiding Judges involved or their designees. It is essential, therefore, that attorneys advise the Presiding Judge as soon as they know that a conflict is likely.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Unless an attorney is actually on his or her feet before another judge, that attorney may be expected to appear for trial before any other judge, absent exceptional circumstances. As a general rule, if two ready cases handled by the same attorney will be
reached for trial on the same day, the older case takes precedence. In some instances, however, as when the younger case involves witnesses who have traveled a considerable distance to testify, the younger case will take precedence. Such conflicts should be worked out reasonably by the Civil Presiding Judges involved or their designees. It is essential, therefore, that attorneys advise the Presiding Judge as soon as they know that a conflict is likely.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Appearance of Attorneys at Trial Calls
Appearance of Attorneys at Trial Calls
On the day of the call, attorneys should be released by early afternoon unless their cases are sent out, or can reasonably be expected to be sent out, for settlement discussion or trial that day. Attorneys should not be expected to appear at trial calls subsequent to the initial call for their case in the trial week unless the case can reasonably be expected to be sent out for settlement discussion or trial on that subsequent date.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
On the day of the call, attorneys should be released by early afternoon unless their cases are sent out, or can reasonably be expected to be sent out, for settlement discussion or trial that day. Attorneys should not be expected to appear at trial calls subsequent to the initial call for their case in the trial week unless the case can reasonably be expected to be sent out for settlement discussion or trial on that subsequent date.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Adjustment of Trial Date
Adjustment of Trial Date
Attorneys should notify the court timely, ideally no later than 30 days following the date of the trial notice of the need to adjust the first, court-generated trial date to accommodate an expert’s scheduling conflict. The court’s “adjustment” of the trial date
upon such notice does not constitute an adjournment within the contemplation of R. 4:36- 3(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Attorneys should notify the court timely, ideally no later than 30 days following the date of the trial notice of the need to adjust the first, court-generated trial date to accommodate an expert’s scheduling conflict. The court’s “adjustment” of the trial date
upon such notice does not constitute an adjournment within the contemplation of R. 4:36- 3(c).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Notice of Trial
Notice of Trial
At least 10 weeks’ notice of trial must be provided by the court. The ten-week period is counted from the date of the receipt of the trial notice. The notice may not be sent prior to the discovery end date. See R. 4:36-3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
At least 10 weeks’ notice of trial must be provided by the court. The ten-week period is counted from the date of the receipt of the trial notice. The notice may not be sent prior to the discovery end date. See R. 4:36-3.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Late Adjournment Requests - - Personal Appearance
Late Adjournment Requests - - Personal Appearance
Personal appearances will not be routinely required to make a timely (i.e., before Thursday preceding the trial week) or emergency (e.g., because of illness) adjournment request.
A vicinage , however, may routinely impose a personal appearance requirement on attorneys making untimely adjournment requests for non- emergent reasons. A judge will handle these requests, as an “exceptional circumstances” determination must be made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Personal appearances will not be routinely required to make a timely (i.e., before Thursday preceding the trial week) or emergency (e.g., because of illness) adjournment request.
A vicinage , however, may routinely impose a personal appearance requirement on attorneys making untimely adjournment requests for non- emergent reasons. A judge will handle these requests, as an “exceptional circumstances” determination must be made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Exceptional Circumstances Warranting Trial Adjournment for an Expert’s Unavailability
Exceptional Circumstances Warranting Trial Adjournment for an Expert’s Unavailability
A determination of “exceptional circumstances” justifying a trial adjournment due to the unavailability of an expert must be a judicial determination made within the context of a specific case.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
A determination of “exceptional circumstances” justifying a trial adjournment due to the unavailability of an expert must be a judicial determination made within the context of a specific case.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES” http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
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