Failure to Provide Proposed Agreed Upon New Date
Rule 4:36-3(b) requires the attorney requesting an adjournment of a trial to provide the court with a proposed new trial date, agreed upon by all parties. If the proposed new date is not provided, the adjournment request may be denied.
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
Wednesday, November 7, 2007
Insufficient Reasons for Adjournment
Insufficient Reasons for Adjournment
Adjournment requests should generally be made only if an attorney, party or witness is unavailable. No adjournment request for incomplete discovery should be made or granted, barring exceptional circumstances. No adjournment request will be granted to
accommodate a dispositive motion returnable on or after the trial 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
Adjournment requests should generally be made only if an attorney, party or witness is unavailable. No adjournment request for incomplete discovery should be made or granted, barring exceptional circumstances. No adjournment request will be granted to
accommodate a dispositive motion returnable on or after the trial 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
Statewide Adjournment Policy
Statewide Adjournment Policy
The following statewide adjournment policy is in effect:
All requests to adjourn a civil trial or an arbitration are governed by Rule 4:36- 3(b).
A good faith effort shall be made to discuss any request for an adjournment with all other parties before the request is presented to the court.
All adjournment requests must be made in writing, submitted to the Civil Division Manager. Faxed requests are permitted. Telephone requests will not be accepted absent exceptional circumstances. Requests must be copied to all other parties.
Any request for an adjournment must be presented as soon as the need for an adjournment is known. Absent exceptional circumstances, the request must be presented no later than the close of business on the Wednesday preceeding the Monday of the week the matter is scheduled for trial or arbitration.
The written request must indicate the reason or reasons the adjournment has been requested, and whether the other parties have consented to the proposed adjournment. The written request should also include a new proposed date for trial or arbitration, consented to by all parties. If consent cannot be obtained, the court will determine the matter by conference call with all parties.
If the adjournment request is based upon a conflict with another court proceeding, the party requesting the adjournment must indicate whether he or she is designated trial counsel and supply the name of the other matter, the court and county in which it is pending, and the docket number assigned to the matter.
No adjournments will be granted to accommodate dispositive motions returnable on or after the scheduled trial date.
A matter should not be considered adjourned until court staff has confirmed that the request for an adjournment has been granted. Timely response will be given to the party requesting the adjournment, who will then be responsible for
communicating the decision to all other parties.
To the extent any party is dissatisfied with the decision made by the Civil Case Management Office, the following procedure should be followed:in master calendar counties, the aggrieved party should present the matter to the Civil Division Manager directly; to the extent that any party is dissatisfied with the decision made by the Civil Division Manager, that party may ask that the matter be presented to the Civil Presiding Judge;
in individual/team calendar counties, the aggrieved party should present the matter to the Civil Division Manager directly; to the extent that any party is dissatisfied with the decision made by the Civil Division Manager, that party may ask that the matter be presented to the pretrial or managing judge.
Requests for adjournment of a civil trial based on expert unavailability are governed by R. 4:36- 3(c). See AOC Directive #6-04, 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
The following statewide adjournment policy is in effect:
All requests to adjourn a civil trial or an arbitration are governed by Rule 4:36- 3(b).
A good faith effort shall be made to discuss any request for an adjournment with all other parties before the request is presented to the court.
All adjournment requests must be made in writing, submitted to the Civil Division Manager. Faxed requests are permitted. Telephone requests will not be accepted absent exceptional circumstances. Requests must be copied to all other parties.
Any request for an adjournment must be presented as soon as the need for an adjournment is known. Absent exceptional circumstances, the request must be presented no later than the close of business on the Wednesday preceeding the Monday of the week the matter is scheduled for trial or arbitration.
The written request must indicate the reason or reasons the adjournment has been requested, and whether the other parties have consented to the proposed adjournment. The written request should also include a new proposed date for trial or arbitration, consented to by all parties. If consent cannot be obtained, the court will determine the matter by conference call with all parties.
If the adjournment request is based upon a conflict with another court proceeding, the party requesting the adjournment must indicate whether he or she is designated trial counsel and supply the name of the other matter, the court and county in which it is pending, and the docket number assigned to the matter.
No adjournments will be granted to accommodate dispositive motions returnable on or after the scheduled trial date.
A matter should not be considered adjourned until court staff has confirmed that the request for an adjournment has been granted. Timely response will be given to the party requesting the adjournment, who will then be responsible for
communicating the decision to all other parties.
To the extent any party is dissatisfied with the decision made by the Civil Case Management Office, the following procedure should be followed:in master calendar counties, the aggrieved party should present the matter to the Civil Division Manager directly; to the extent that any party is dissatisfied with the decision made by the Civil Division Manager, that party may ask that the matter be presented to the Civil Presiding Judge;
in individual/team calendar counties, the aggrieved party should present the matter to the Civil Division Manager directly; to the extent that any party is dissatisfied with the decision made by the Civil Division Manager, that party may ask that the matter be presented to the pretrial or managing judge.
Requests for adjournment of a civil trial based on expert unavailability are governed by R. 4:36- 3(c). See AOC Directive #6-04, 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
Claim of Privilege
Claim of Privilege
When a defendant in a civil case asserts a claim of privilege because of a pending and related criminal matter, the court may stay the civil case pending the outcome of the criminal matter. Depending upon the particular matter, the court may also schedule the civil case and permit the defendant to be deposed or appear and assert the privilege.
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 defendant in a civil case asserts a claim of privilege because of a pending and related criminal matter, the court may stay the civil case pending the outcome of the criminal matter. Depending upon the particular matter, the court may also schedule the civil case and permit the defendant to be deposed or appear and assert the privilege.
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
Bankruptcies
Bankruptcies
Whenever the court is notified that a party to civil litigation has filed bankruptcy, the court will require copies of the following documents:
filed petition in bankruptcy including filing date and case number; and
schedule of creditors showing that the debt forming the subject matter of the civil action is listed.
The filing of a bankruptcy petition immediately stays all state court proceedings by operation of federal law.
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
Whenever the court is notified that a party to civil litigation has filed bankruptcy, the court will require copies of the following documents:
filed petition in bankruptcy including filing date and case number; and
schedule of creditors showing that the debt forming the subject matter of the civil action is listed.
The filing of a bankruptcy petition immediately stays all state court proceedings by operation of federal law.
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
Tuesday, November 6, 2007
Insurance Company Rehabilitations and Insolvencies
Insurance Company Rehabilitations and Insolvencies
Guidelines have been developed to prescribe the procedure to be used whenever an insurance company has been declared insolvent or has been placed into liquidation and a statewide stay is sought of all New Jersey litigation. A copy of the procedure appears in the appendix. Whenever a carrier is declared insolvent, the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) is responsible for the defense of certain suits and payment of certain claims up to $300,000 per claim, after the claimant has exhausted all other insurance coverage. See N.J.S.A. 17:22.6-74, - 77 and –79.
NJPLIGA is entitled, as a matter of right, to an initial stay of litigation of 120 days from the date of any order of insolvency. See N.J.S.A. 17:30A-18.
Whenever an insurance carrier has been placed into rehabilitation by a court in a foreign jurisdiction and the order contains language staying all cases in which the carrier is involved, the New Jersey courts must honor such stays. See Aly v. E.S. Sutton Realty, 360 N.J. Super . 214 (App Div. 2003).
All cases subject to a stay because of either a rehabilitation or insolvency of an insurance carrier may be placed on the inactive list during the period of the stay and any extensions thereof.
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
Guidelines have been developed to prescribe the procedure to be used whenever an insurance company has been declared insolvent or has been placed into liquidation and a statewide stay is sought of all New Jersey litigation. A copy of the procedure appears in the appendix. Whenever a carrier is declared insolvent, the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) is responsible for the defense of certain suits and payment of certain claims up to $300,000 per claim, after the claimant has exhausted all other insurance coverage. See N.J.S.A. 17:22.6-74, - 77 and –79.
NJPLIGA is entitled, as a matter of right, to an initial stay of litigation of 120 days from the date of any order of insolvency. See N.J.S.A. 17:30A-18.
Whenever an insurance carrier has been placed into rehabilitation by a court in a foreign jurisdiction and the order contains language staying all cases in which the carrier is involved, the New Jersey courts must honor such stays. See Aly v. E.S. Sutton Realty, 360 N.J. Super . 214 (App Div. 2003).
All cases subject to a stay because of either a rehabilitation or insolvency of an insurance carrier may be placed on the inactive list during the period of the stay and any extensions thereof.
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
Effect of a Stay
Effect of a Stay
During a stay, discovery should cease and the case should not be scheduled for any court proceedings; however, pleadings may be filed and docketed. The order granting a stay should specify the date the stay will expire (pending further order of the court), to ensure that the matter comes up for the court’s review.
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
During a stay, discovery should cease and the case should not be scheduled for any court proceedings; however, pleadings may be filed and docketed. The order granting a stay should specify the date the stay will expire (pending further order of the court), to ensure that the matter comes up for the court’s review.
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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