Motion Filing Procedures
A notice of motion should include:
the time and place the motion is to be heard;
the grounds upon which it is made;
nature of relief sought;
the discovery end date or a statement that no such date has been assigned;
the trial or arbitration date if one is scheduled;
whether the motion is opposed or unopposed; and
an indication whether oral argument is sought.
Motions seeking a ruling on the papers (that is, without an appearance in court) under Rules 1:6-2 and 1:6-3 are considered uncontested unless responsive papers in opposition are filed not later than 8 days before the return date of the motion. In addition, the notice of motion should be accompanied by the following:
certification signed by moving party;
if the motion is for an extension of discovery, it must attach copies of all prior discovery extension orders or a certification that none exist, pursuant to R. 1:6-2(c);
a proposed form of order;
the required filing fee in a check, or money order made payable to Superior Court of New Jersey. Attorneys with charge accounts with the State can include their charge account numbers; and
certification or proof of mailing.
If the filing party wants a “filed” copy of the motion, an extra copy of the motion and a self- addressed, stamped envelope must also be provided to the court. For most new motions, the motion papers must be filed and served 16 days before
the requested hearing date (“return date”). However, for summary judgment motions, moving papers must be filed and served 28 days before the return date and not later than 30 days before a scheduled trial date, unless the court otherwise orders on good cause shown. R. 4:46- 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
