Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, August 24, 2009

Civil Part

Civil Part

In the Civil Part, there is no monetary limit on the value of cases that may be filed. Either party
in a Civil Part case may request a jury trial. A jury in a civil case typically consists of six persons.
There are approximately 95,000 cases filed in the Civil Part each year. A case gets started in the Civil
Part by the filing of a complaint and case information statement and the requisite fee with the court. The
following types of cases are filed in the Civil Part and the numbers preceding them refer to the case type
numbers that must be used when filling out the case information statement.

Case Type Definitions

The list below contains brief definitions of the various case types contained on the Civil Case
Information Statement.

Track I — 150 days’ discovery

151 name change - action to change an individual’s or family’s name.

175 forfeiture - action by the government for ownership of property taken during the
commission of a crime.

302 tenancy - action arising from any dispute between a landlord and tenant, other than
eviction and actions for return of a security deposit that is less than $15,000.

399 real property (other than Tenancy, Contract, Condemnation, Complex Commercial
or Construction) - action based on a dispute over real estate, such as a devaluation of
property value because of a nuisance.

502 book account - action for the collection of an unpaid bill for goods or services provided.

505 other insurance claim (including declaratory judgment actions) - action involving
differing interpretations of an insurance policy or a dispute over insurance coverage.

506 PIP coverage - (PIP means Personal Injury Protection) action brought by an insured or
his/her healthcare provider against the insured’s automobile insurance company for
unpaid medical bills or other insurance benefits.

510 UM or UIM claim - action by an insured against his/her own automobile insurance
company seeking damages from that insurance company under either the uninsured
motorist (UM) or underinsured motorist (UIM) coverage provision of an insurance
policy. The UM policy covers the insured for damages arising from an automobile
accident caused by an uninsured driver. The UIM policy covers the insured for damages
arising from an automobile accident in which the responsible party does not have enough
insurance.

511 action on a negotiable instrument - action against a defendant for failure to honor the
obligations of a written instrument. These actions usually involve a bounced check.

512 lemon law - action by the buyer or lessee against the car dealer who sold or leased a new
vehicle that is claimed to be faulty.
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801 summary action - action based on a special rule or statute that permits the court to rule
on an expedited basis.

802 Open Public Records Act (OPRA) – appeal from a governmental agency’s refusal to
provide access to certain government records.

Track II — 300 days’ discovery

305 construction - action arising out of a construction agreement.

509 employment (other than CEPA or LAD) - action arising out of an agreement between
an employer and employee.

599 contract/commercial transaction - action based upon the failure to honor the terms of
an oral or written agreement.

603 auto negligence - personal injury - action arising from the negligent use of a motor
vehicle, which results in bodily injury.

605 personal injury - action caused by the negligence of another’s negligence in the
ownership, use or control of property; for example, injury resulting from a slip and fall on
someone’s driveway.

610 auto negligence - property damage - action arising from the negligent ownership and/or
use of a motor vehicle, which results in property damage.

699 tort – other - action arising from injuries to a person or property resulting from negligent
or deliberate conduct of another; for example, intentional infliction of emotional distress.

Track III — 450 days’ discovery

005 civil rights - action claiming that the conduct of another has violated certain
constitutionally protected rights.

301 condemnation - action also known as eminent domain, brought by a governmental entity
seeking to take private real property for a public use.

602 assault and battery - action arising from unlawful physical contact.

604 medical malpractice - action against a healthcare provider for injuries arising from
negligence.

606 products liability - action against a manufacturer, distributor or seller of goods for
injuries suffered as a result of the use of a product.

607 professional malpractice - action against a provider of professional services, other than
a healthcare provider, arising from negligence.

608 toxic tort - action arising from the release of a harmful substance into the environment.

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609 defamation - action from the publication, either orally (slander) or in writing (libel), of
false information concerning another.

616 Whistleblower/Conscientious Employee Protection Act (CEPA) - action claiming
retaliatory acts by an employer against an employee.
.
617 inverse condemnation - action for compensation of privately owned real estate taken for
a public use.

618 Law Against Discrimination (LAD) - action claiming differential treatment based on
race, creed, color, national origin/nationality, ancestry, sex, age, religion, disability or
perceived disability, atypical hereditary cellular or blood trait, marital status, affectional
or sexual orientation, domestic partnership status, genetic information, status as a
disabled veteran or veteran of the Armed Forces of the United States, or liability for
service in the Armed Forces of the United States.


Track IV – Active Case Management by Individual Judge / 450 days discovery

156 environmental/environmental coverage litigation - action by an insured seeking
payment from an insurance company for damage to the environment

303 Mt. Laurel - action arising from the allocation of a fair share of affordable housing to
lower and moderate income families.

508 complex commercial - action involving unusually complicated business matters.

513 complex construction - construction matters involving unusually complicated factual
or legal issues.

514 insurance fraud - action alleging damages resulting from a fraudulent insurance
claim.

701 Actions in Lieu of Prerogative Writs - appeal from the action or inaction of a local
governmental body; for example, review of a determination of a planning board or zoning
board of adjustment.

Mass Torts (Track IV) - Mass torts are groups of cases that have common facts and
legal issues that the state Supreme Court has designated for special consolidated handling
by a single judge.

248 Ciba Geigy - actions for damages or medical monitoring arising out of the environmental
contamination of the byproducts of chemical manufacturing in Toms River, New Jersey.

271 Accutane – actions against the manufacturers of Accutane and others for damages arising
from its use.

601 Asbestos - actions against the manufacturers, suppliers, distributors or others for
damages arising from the exposure to asbestos.

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266 HRT (Hormone Replacement Therapy) (266) – actions against manufacturers, sellers,
distributors or others for damages arising from the use of Hormone Replacement
Therapy.

276 Depo-Provera (276) – actions for damages or medical monitoring arising out of the use
of the contraceptive Depo-Provera.

619 Vioxx – actions against the manufacturers, suppliers, distributors or others for damages
arising from the use of the drug Vioxx, an anti-inflammatory medication used to treat
arthritis and menstrual pain.

272 Bextra/Celebrex - actions against manufacturers of the drugs Bextra and Celebrex and
others for damages allegedly caused by ingestion of one or both of these drugs

274 Risperdal/Seroquel/Zyprexa - actions against manufacturers of the drugs Risperdal,
Seroquel, Zyprexa and others for damages allegedly caused by ingestion of one or both of
these drugs.

275 Ortho Evra - actions against the manufacturer of the Ortho Evra birth control patch and
others for damages caused by use of the patch.

241 Tobacco – actions against manufacturers and others of tobacco products for damages
arising from use and exposure to them.

For purposes of managing the civil caseload, the Civil Part caseload is broken down into discrete
categories called “tracks.” Cases are assigned to a track upon the filing of the complaint. The track
assignment is based on the case type as noted on side 2 of the Civil Case Information Statement and
each track provides a specific discovery period. The tracks for each case type and the applicable
discovery periods are as follows: