Civil Court Rules and Jury Charges

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

Monday, August 24, 2009

How to Ask the Court to Change Your Name - Minor 10552

HOW TO ASK THE COURT TO CHANGE THE NAME
OF YOUR MINOR CHILD UNDER THE AGE OF 18
(Superior Court of New Jersey - Law Division - Civil Part)

WHO SHOULD USE THIS PACKET?

You can use this packet to ask for a court order to change the name of your child if your child is
under the age of 18.
Note: Do not use this packet if you want to correct a mistake on a birth certificate or marriage
license (for example, incorrect or misspelled name or misstatement of gender). You should
contact the State Registrar of Vital Statistics directly regarding these changes.
Note: If the minor, either parent, or guardian has been involved in a Family Part case within the
past three years, the matter will be transferred to the Family Part.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts
for use by self-represented litigants. The guides, instructions, and forms will be periodically
updated as necessary to reflect current New Jersey statutes and court rules. The most recent
version of the forms will be available at the county courthouse or on the Judiciary’s Internet site
www.njcourtsonline.com. However, you are ultimately responsible for the content of your court
papers.

Completed forms are to be submitted to the county where you are filing your case. A list of
Superior Court Offices is provided at the customer counter or at www.njcourtsonline.com
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THINGS TO THINK ABOUT BEFORE YOU TRY
TO REPRESENT YOURSELF IN COURT

TRY TO GET A LAWYER
The court system can be confusing and it is a
good idea to get a lawyer if you can. The law,
the proofs necessary to present your case, and
the procedural rules governing cases in the Law
Division, Civil Part are complex. Since valuable
claims or potentially heavy judgments may be at
stake, most litigants appearing in the Law
Division, Civil Part have a lawyer. If you are
being sued, please contact your insurance
company to see if they might provide a lawyer
for you. Most likely your opponent will be
represented by a lawyer. It is recommended that
you make every effort to obtain the assistance of
a lawyer. If you cannot afford a lawyer, you
may contact the legal services program in your
county to see if you qualify for free legal
services. Their telephone number can be found
in your local yellow pages under “Legal Aid” or
“Legal Services.”

If you do not qualify for free legal services and
need help in locating an attorney, you can
contact the bar association in your county. That
number can also be found in your local yellow
pages. Most county bar associations have a
Lawyer Referral Service. The County Bar
Lawyer Referral Service can supply you with the
names of attorneys in your area willing to handle
your particular type of case and will sometimes
consult with you at a reduced fee. There are also
organizations of minority lawyers throughout
New Jersey, as well as organizations of lawyers
who handle specialized types of cases. Ask your
county court staff for a list of lawyer referral
services that include these organizations.

If you decide to proceed without an attorney,
these materials explain the procedures that must
be followed to have your papers properly filed
and considered by the court. These materials do
not provide information on the law governing
your claims or defenses; information on how to
conduct pretrial discovery; information on
alternative dispute resolution procedures, such
as arbitration or mediation, that may be available
or required in your case; information on the
kinds of evidence you need to prove your claims
or defense at trial; or information on other
procedural and evidentiary rules governing civil
law suits.

WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in
court, you should not expect special treatment,
help or attention from the court. The following is
a list of some things court staff can and cannot
do for you. Please read it carefully before asking
court staff for help.

− We can explain and answer questions about
how the court works.
− We can tell you what the requirements are to
have your case considered by the court.
− We can give you some information from
your case file.
− We can provide you with samples of court
forms that are available.
− We can provide you with guidance on how
to fill out forms.
− We can usually answer questions about
court deadlines.
− We cannot give you legal advice. Only your
lawyer can give you legal advice.
− We cannot tell you whether or not you
should bring your case to court.
− We cannot give you an opinion about what
will happen if you bring your case to court.
− We cannot recommend a lawyer, but we can
provide you with the telephone number of a
local lawyer referral service.
− We cannot talk to the judge for you about
what will happen in your case.
− We cannot let you talk to the judge outside
of court.
− We cannot change an order issued by a
judge.

KEEP COPIES OF ALL PAPERS
Make and keep copies of all completed forms
and documents related to your case.
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OVERVIEW

The following is a brief overview of the process for having your child’s name changed by a court. The
details follow. There are three basic steps that you must take to have your child’s name changed by the
court:
1. You must fill out forms to send to the court with a filing fee. (If you are changing the names of
multiple family members, there is only one fee.) The forms are contained in this packet and include a
complaint, an order fixing the date of hearing, a final judgment and a case information statement.
2. When the court returns the complaint and the order fixing the date of hearing to you, the forms will
contain a docket number and will tell you in what newspaper you must publish the date of hearing.
You must contact the newspaper to have the order fixing the date for the hearing published at least
two weeks before the hearing date, and you must notify other interested parties. You will have to
provide the court with proof that the appropriate parties have been notified of your intent to change
your child’s name.
3. After you appear in court at the hearing, you will have to publish the final judgment in the newspaper.
You will also have to send copies of the certified final judgment to the Department of Treasury and
the Registrar of Vital Statistics. If your child has a driver’s license, you will have to present a copy of
the certified final judgment in person to the Motor Vehicle Commission.

DEFINITIONS OF WORDS USED IN THIS PACKET
Affidavit of Publication - An affidavit of publication is a sworn statement made by a newspaper
stating that the newspaper has published the information regarding your name change.
Certification - A certification is a written statement you make when you file your papers with the court
in which you state that all the information contained in the papers is true to the best of your knowledge.
Civil Case Information Statement (CIS) The CIS is a form that summarizes your case for the court.
Court rules require that a CIS be filed with a verified complaint.
Docket Number - A docket number is the number the court assigns to your case so that it may be
identified and located easily. Once you have a docket number, you must include it on all your
communications with the court.
File - To file means to give the appropriate forms and fee to the court to begin the court’s consideration
of your case.
Final Judgment - The final judgment is a document signed by the judge which orders the name to be
changed.
Order Fixing Date of Hearing - An order fixing the date of hearing is a signed paper from the judge
indicating the date when you must come to court on your case and stating the name of the newspaper in
which you will have to publish your hearing date.
Proof of Mailing - Proof of mailing is the green card you get back from the Post Office that proves that
the material you sent by certified mail, return receipt requested, was received by the person to whom
you sent it.
Verified Complaint - A verified complaint is a document in which you tell the court the facts of your
case and state what relief you want the court to give you. You certify that the information is true to the
best of your knowledge.
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The numbered steps listed below tell you what forms you will need to fill out and what to do with
them.
Each form should be typed or printed clearly on 8 1⁄2 “x 11” white paper only. Forms may not be
filed on a different size or color paper.

STEPS TO OBTAIN A COURT ORDER TO CHANGE THE NAME
OF YOUR CHILD

STEP 1: FILL OUT THE VERIFIED
COMPLAINT (Form A).
The Verified Complaint (Form A) tells the
court what your child’s name is, what you want
to change it to, and why you want it changed. If
your child has ever been convicted of a crime, or
if there are charges pending against your child,
you must include this information in your
Verified Complaint. If the minor, either parent or
guardian has been involved in a Family Part case
within the last three years, you must advise the
court of that fact. If you have the information,
you should provide the name of the case, the
docket number, and the name of the county
where the case was heard. The case will then be
transferred to the Family Part. You must sign
the certification which states that the
information in the complaint is true to the best of
your knowledge.


STEP 2: FILL OUT THE ORDER
FIXING DATE OF HEARING AND THE
FINAL JUDGMENT FORMS (Forms B and
C).
Enter the information requested. Note that
there are places on the Order Fixing Date of
Hearing and Final Judgment that the court will
complete.


STEP 3: FILL OUT THE CIVIL CASE
INFORMATION STATEMENT (CIS) (Form
F).
This form summarizes your case for the
court. The case type number for a name change
is 151.


STEP 4: MAKE A CHECK OR
MONEY ORDER PAYABLE TO
TREASURER, STATE OF NEW JERSEY IN
THE AMOUNT OF $200.00.
This is the fee for filing your papers.
Note: If you are changing the names of
multiple family members, the $200.00 fee
covers all name change applications.


STEP 5: CHECK YOUR
COMPLETED FORMS AND MAKE
COPIES.
Check your forms and make sure they are
complete. Remove all instruction sheets. Make
sure you have signed all the forms wherever
necessary. You also need to make two copies of
each form. One copy will be sent to the court;
the other is for your records.
Checklist - In Step 6 you will be directed to
mail your documents to the court. The following
checklist will help insure your package is
complete:
− The original of each of the forms you filled
out: Verified Complaint (Form A), Order
Fixing Date of Hearing(Form B), Final
Judgment (Form C) and the Civil Case
Information Statement (Form F)
− One copy of each of these forms: Verified
Complaint, Order Fixing Date of Hearing,
Final Judgment and the Civil Case
Information Statement.
− The filing fee in the amount of $200. It must
be a check or money order payable to the
Treasurer, State of New Jersey.
− A stamped envelope addressed to yourself
so that the court will be able to return the
forms to you. Be sure to include adequate
postage.


STEP 6: MAIL OR DELIVER THE
FORMS TO THE COURT.
You may mail or deliver to the court the
original and one copy of all the forms: Verified
Complaint (Form A), Order Fixing Date of
Hearing(Form B), Final Judgment (Form C)
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and the Civil Case Information Statement (Form
F) along with the self-addressed stamped
envelope and the filing fee. The court address
can be found on the Judiciary’s website,
www.njcourtsonline.com.
If you mail the papers, we recommend that you
use certified mail, return receipt requested.


STEP 7: REVIEW COPIES
RETURNED FROM COURT.
The court will return copies of the Verified
Complaint and Order Fixing Date of Hearing to
you. Once you receive them, there will be a
docket number written on all the copies. The
docket number is very important because it
identifies your case. It also lets the court know
how to find your case. You must use the docket
number on all future papers you send to the
court about your case. The court will fill in the
date on the Order Fixing Date of Hearing. That
is the day you will appear before the judge to get
the final judgment. The court will also indicate
the name of a newspaper in which you are to
have the notice of your hearing date published.

IF YOUR CHILD DOES NOT HAVE
PENDING CRIMINAL OR DELINQUENT
CHARGES IN NEW JERSEY, SKIP TO
STEP 9.


STEP 8: IF YOUR CHILD HAS
CRIMINAL OR DELINQUENT CHARGES
PENDING, NOTIFY THE COUNTY
PROSECUTOR OF YOUR APPLICATION
FOR A NAME CHANGE.
If your child has criminal or delinquent
charges pending in New Jersey, you must send a
copy of the Verified Complaint and Order
Fixing Date of Hearing by certified mail, return
receipt requested, to the Prosecutor of the county
where the matter is being heard. Your post office
can tell you how to do this.


STEP 9: PUBLISH THE ORDER
FIXING DATE OF HEARING.
In the Order Fixing Date of Hearing that
you receive back from the court, the judge will
have specified the name of a local newspaper.
You must have the Order Fixing Date of
Hearing published in the newspaper the judge
chooses. It must be published in the newspaper
at least two (2) weeks before the date of the
hearing. You should talk to the newspaper about
how to publish legal notices. Included in this
packet as Attachment E is a sample of the
newspaper notice.


STEP 10: SEND AFFIDAVIT OF
PUBLICATION TO THE COURT.
Once you have published the Order Fixing
Date of Hearing, the newspaper will send you an
affidavit of publication, which is proof that you
had the newspaper publish the Order Fixing
Date of Hearing. You must send the original of
this affidavit of publication document to the
court immediately after you get it from the
newspaper. Keep a copy of it for your files.


STEP 11: NOTIFY MINOR CHILD’S
OTHER PARENT.
If you are changing the name of a child who
is under the age of 18 years and the child’s other
parent does not reside with you, you must send a
copy of the Verified Complaint and the Order
Fixing Date for Hearing to the last known
address of the child’s other parent. This must be
sent by certified mail, return receipt requested.
Your post office can tell you how to do this.


STEP 12: COMPLETE PROOF OF
MAILING (FORM D) AND SEND TO
COURT.
After you have mailed the required copies of
the Verified Complaint and signed Order Fixing
Date for Hearing, the post office will send you a
green card (called a certified mail receipt) that
shows the mail was delivered. Once you get it
back, fill out the form called Proof of Mailing
(Form D) and check each entity to whom you
sent a copy of the complaint and order. Be sure
to attach the original green certified mail
receipt(s) to the original proof of mailing. Send
the proof of mailing to the court. Keep a copy of
it for your files.


STEP 13: APPEAR IN COURT ON
THE DATE SET BY THE JUDGE FOR
YOUR HEARING.

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STEP 14: PUBLISH THE FINAL
JUDGMENT IN THE NEWSPAPER.
After the hearing, the court will record the
original Final Judgment signed by the judge.
However, the newspaper published version shall
not include the child’s social security number.
As soon as you receive your copy of the Final
Judgment, you must send it to be published in
the newspaper chosen by the judge. The Final
Judgment must appear in the newspaper no
more than 20 days after the date on the
judgment. After you have it published, the
newspaper will send you an original affidavit of
publication.


STEP 15: SEND THE AFFIDAVIT OF
PUBLICATION TO THE COURT.
As soon as you receive the Affidavit of
Publication from the newspaper, send the
original to the Court as proof that you had the
newspaper publish the Final Judgment. Keep a
copy for your records.


STEP 16: ORDER A CERTIFIED
COPY OF FINAL JUDGMENT.
You must order from the court a certified
copy (i.e., one with a raised seal) of the Final
Judgment, by mail or in person. There is no
charge for the first certified copy. Additional
copies can be ordered for $5.00 each. Keep this
for your files. Certified copies of the Final
Judgment must be sent to the Department of
Treasury (Step 17), the Registrar of Vital
Statistics (Step 18). If your child has a driver’s
license, you must present the Final Judgment in
person at any Motor Vehicle Agency or
Regional Service Center (Step 19).


STEP 17: SEND COPY OF
CERTIFIED FINAL JUDGMENT TO THE
DEPARTMENT OF TREASURY.
Mail a certified copy of the Final Judgment
to the Department of Treasury within 45 days
after the date of the Judgment. You must include
a check or money order payable to the
Treasurer, State of New Jersey in the amount of
$50. Mail the certified copy of the Final
Judgment with the check or money order and a
stamped self-addressed envelope to:


Department of Treasury
Division of Revenue
Judgment Name Change Unit
P. O. Box 453
Trenton, NJ 08646

STEP 18: NOTIFY THE REGISTRAR
OF VITAL STATISTICS OF THE STATE.
You should send a certified copy of the
Final Judgment to the Registrar of Vital
Statistics of the State in which your child was
born. You can locate the address of that office
by contacting them by telephone. Directory
assistance can provide you with the telephone
number of that office. They are located in the
capital city of the State in which your child was
born. That office will tell you if there is a filing
fee. If your child was born in New Jersey, the
address for this office is:

Bureau of Vital Statistics
Attn: Record Modification Unit
P. O. Box 370
Trenton, NJ 08625
In New Jersey there is a $2.00 fee to process
the legal name change. There is also a $27.00
fee if you want to receive a corrected birth
certificate. Checks should be payable to the
Treasurer, State of New Jersey.


STEP 19: NOTIFY THE MOTOR
VEHICLES COMMISSION.
If your child is a licensed driver, a registered
owner of a vehicle, or possesses a handicapped
or non-driver identification card, you must
present the Final Judgment in person at any
Motor Vehicle Agency or Regional Service
Center within two weeks of the date of the Final
Judgment. Additional information is available at
the MVC web site at www.njmvc.gov regarding
the list of acceptable documents to satisfy the 6
points of identification.


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Revised 06/2009, CN 10552-English (How to Ask the Court to Change your Name-Minor)