CIVIL DIVISION OVERVIEW - http://www.judiciary.state.nj.us/civil/manuals/guide_to_%20NJ_civil_courts.pdf
The Civil Division consists of three operational parts: Civil Part, Special Civil Part, and
Chancery, which includes the General Equity and Probate Parts.
The following are parties in civil actions:
• Plaintiff - person who sues.
• Defendant - person who is sued.
• Guardian - person appointed by the court to represent the interests of another with a
disability (e.g., minor, incapacitated person).
• Executor - person named in a will to carry out the terms of the will, suing or defending on
behalf of the estate of a decedent.
• Administrator - person suing or defending on behalf of an estate when the decedent died
without a will.
• John or Jane Doe - fictitious defendant designation used when the true identity of the
defendant or potential defendant is unknown.
• ABC Corporation - fictitious defendant designation used when the true identity of a
corporate defendant or potential corporate defendant is unknown.
• Crossclaimant - defendant suing another defendant on a crossclaim.
• Counterclaimant - defendant suing a plaintiff on a counterclaim.
• Intervenor - a third party who voluntarily requests to participate in a lawsuit and is
permitted by the court.
• Interpleader - party suing two or more persons claiming the same thing or fund and
requesting that the court determine between or among them which is entitled to recover it.
• Third Party Plaintiff - party suing a non-party to the original suit on a third party complaint
(complaint brought by a defendant against a party not sued by the plaintiff in the complaint).
• Third Party Defendant - party being sued in a third party complaint.
It is recommended that litigants seek the advice of an attorney if they have questions about their
civil case. However, forms and instructions for filing a complaint are available on the Judiciary’s Web
Site at www.judiciary.state.nj.us/prose/pscivcomp.pdf or can be obtained from court staff. A list of the
telephone numbers and addresses appears on pages 21-23. Legal Services can help people who cannot
afford an attorney, and the County Bar Association Lawyer Referral Programs can provide a referral to
an attorney.
