5.76 NEGLIGENT HIRING (4/07)
A. Introduction
The plaintiff, [insert the plaintiff’s name], alleges that the defendant, [insert the employer’s name], was negligent in the manner in which [he] [she] [it] hired and supervised [insert the alleged dangerous employee’s name]. The plaintiff further claims that as a result of [insert employer’s name]’s negligence, [he] [she] was exposed to [insert the alleged dangerous employee’s name], a dangerous individual, who ultimately [insert a brief description of the alleged damage or injury].
B. Duty Of An Employer Generally
The mere happening of an unfortunate event does not provide a basis for liability. Liability is established only if it is proven that a person owing a duty to another breached that duty, and the breach of duty caused the injury or damages claimed.
Generally, an employer is not liable for an employee’s criminal or tortious act, whether negligent or intentional, unless the act was committed during the course of, and within the scope of, employment. An exception exists in the case of a claim of negligent hiring. An employer may be held responsible for the criminal or wrongful acts of [his] [her] [its] employee, even if those acts occur outside the scope of employment, if the employer was negligent in the manner in which [he] [she] [it] hired, supervised or retained an inappropriate or unfit employee.
C. Negligent Hiring Exception
An employer in a business providing services to the public has a duty to use reasonable care in selecting competent and fit employees for the work assigned to them. An employer is also bound to refrain from retaining the services of an unfit employee.
An unfit employee is one whose dangerous propensities make him or her inappropriate for a particular job assignment and who is likely to cause harm to the public if hired for that position.
D. Elements Explained
In this matter, you may hold the employer liable for the plaintiff’s injuries or damages if you find that [he] [she] [it] was negligent in failing to exercise due care in hiring, supervising or retaining an unfit individual and that such negligence was a proximate cause of the plaintiff’s injuries or damages.
In order to find that the employer failed to exercise reasonable care in hiring the employee in question, you must find two things:
One, [insert employer’s name] knew or had reason to know of the particular unfitness, incompetence or dangerous attributes of the employee, [insert dangerous employee’s name] ; and
Two, [insert employer’s name] could have reasonably foreseen that hiring a person with the employee’s attributes created a risk of harm to others, whether on or off the premises.
An employer may be held liable if, during the hiring process or course of employment, the employer actually knew the employee had an inappropriate or dangerous characteristic, attribute or tendency that made the employee an unacceptable candidate for the position. An employer may also be held liable if reasonable investigation would have disclosed the employee’s undesirable characteristic, attribute or tendency.
In determining whether the employer exercised due care in this matter, you must examine all the circumstances surrounding the hiring and employment of the employee. Since there is no hard and fast rule as to what constitutes an appropriate hiring process, you should consider all of the facts and circumstances of this particular case, including but not limited to:
a) The employer’s application and interview process;
b) The nature of the job;
c) The checking of references;
d) The nature and extent of information reasonably available to the employer at the time of hire, including access to public records of criminal or other convictions;
e) Whether such information was available to the employer through reasonable, and not extraordinary means, including extraordinary cost;
f) The nature of the criminal conviction, if any; and
g) Whether the pre-hiring investigation of the employee, if any, was adequate under the totality of the circumstances.
If you find the employer knew or could have known of the employee’s unfit characteristic, you must then decide whether the employer could have reasonably foreseen that such qualities created a risk of harm to others.
Foresight, not hindsight, is the standard by which an employer’s duty of care must be judged. The fact that one may look back now and decide the employee was unfit does not satisfy this element of the claim. The employer must be judged on what [he] [she] [it] had reason to know at the time the employee was hired or retained. In deciding if the employer knew or could have known about the employee’s characteristic and should have foreseen it to be dangerous, you may take into consideration the following:
1) The nature of the work;
2) The extent to which the employee would or would not be supervised;
3) Whether the employee would have access to the home and valuables of the public in general, and the plaintiff in particular; and
4) The particular vulnerability, if any, of members of the public to abuse, harm or other loss caused by exposure to a potentially unsuitable, incompetent or dangerous employee.
E. Proximate Cause
If you find the employer, [insert employer’s name], was negligent in the manner in which [he] [she] [it] hired the employee, [insert dangerous employee’s name], the employer still will not be liable for the plaintiff’s injury or damage unless you also find the employer’s negligence proximately caused the plaintiff’s injury or damage.
This means that, in order to find the employer liable, you must find that the employer’s negligence in hiring the unfit employee was a substantial factor that singly, or in combination with one or more other causes, brought about the plaintiff’s injury or damage.
The Court specifically recognized the tort of negligent hiring in DiCosala v. Kay, 91 N.J. 159, 174 (1982). The Appellate Division first identified the theory in Bennett v. T&F Distrib. Co., 117 N.J. Super. 429 (App. Div. 1971), cert. den. 60 N.J. 350 (1972).
DiCosala v. Kay, 91 N.J. 159, 173 (1982).
The focus of the tort of negligent hiring is on the risk the employer creates by exposing members of the public to a potentially dangerous individual. DiCosala v. Kay, 91 N.J. 159, 172 (1982). See Id. at 171 (citing Restatement 2d Agency, §213, Comment d: “Agent dangerous: The principal may be negligent because he has reason to know that the servant or other agent, because of his qualities, is likely to harm others in view of the work or instrumentalities entrusted to him….”). See also Bennett v. T&F Distrib. Co., 117 N.J. Super. 429, 445 (App. Div. 1971), cert. den. 60 N.J. 350 (1972) (“The protection of innocent third persons is a major interest in favor of a rule imposing a duty of reasonable care in the selection of employees or independent contractors who may have vicious propensities”).
“The dangerous quality in the [employee] may consist of his incompetence or unskillfulness due to his youth or his lack of experience considered with reference to the act to be performed. An agent, although otherwise competent, may be incompetent because of his reckless or vicious disposition, and if an [employer], without exercising due care in selection, employs a vicious person to do an act which necessarily brings him in contact with others while in the performance of a duty, he is subject to liability for harm caused by the vicious propensity….” DiCosala v. Kay, 91 N.J. 159, 171 (1982) (citing Restatement 2d Agency, §213, Comment d).
Alternative Charge: “Therefore, for you to find (employer) liable for negligent hiring, you must first find (employer) negligent and then find that [his] [her] [its] negligence proximately caused the plaintiff’s injuries or damages.”
An employer may not be held responsible under a theory of negligent hiring, supervision or retention for criminal or other wrongful acts of its employee if in the exercise of reasonable care and diligence, a reasonable employer would not have ascertained the employee’s incompetence, unfitness or dangerous propensities. In other words, the employer took reasonable care and diligence in researching that individual’s background, references, and other relevant information.
DiCosala v. Kay, 91 N.J. 159, 173 (1982).
DiCosala v. Kay, 91 N.J. 159, 173 (1982). But see Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (negligent hiring not found where the employer could not have reasonably foreseen the employee would steal nitric acid from the employer and use it to attack his wife and daughter.)
For instance, the employer may hire someone without a license as a taxi driver.
Using the same example of a taxi driver, the employer may check that the applicant has a license on his person but not check whether the license was revoked. Had the employer checked the status of the license, the employer would have a reason to know that the applicant was unlicensed.
Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 32 (1997).
Insert the following if criminal history investigation is applicable: “In this case, the employee, [insert employee’s name], had an undisclosed and undiscovered criminal history which made [him] [her] unfit and dangerous for the duties of the position. Liability of [insert employer’s name], though, is not predicated solely upon [his] [her] [its] failure to investigate the criminal history of the applicant. With regard to the criminal record of a candidate for employment, you must consider the totality of the circumstances, and specifically: (a) What investigation, if any, the employer could have legally taken; and (b) What information was reasonably available to the employer at the time of hire.
DiCosala v. Kay, 91 N.J. 159, 173 (1982). But see Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (Where the Appellate Division refused to find negligent hiring judging the employer could not have reasonably foreseen the employee would steal nitric acid from the employer and use it to attack his wife and daughter.)
Johnson v. Usdin Louis Co., Inc., 248 N.J. Super. 525 (App. Div. 1991), cert. den. 126 N.J. 386 (1991) (quoting Hill v. Yaskin, 75 N.J. 139, 144 (1977)).
The Foreseeability Charge, 5.10B, may be used to supplement.
Lingar v. Live-In Companions, Inc., 300 N.J. Super. 22, 23 (1997) discusses these factors at some length.
DiCosala v. Kay, 91 N.J. 159, 174 (1982).
Adapted from the Proximate Cause Products Liability, Charge 5.40I.
Monday, November 26, 2007
Wednesday, November 7, 2007
Issuance of Subpoenas
Issuance of Subpoenas
A subpoena may be issued by the clerk of the court and the fee is $5.00 pursuant to N.J.S.A 22A:2-7 or by an attorney or party in the name of the clerk. It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party’s attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2- 4 shall apply to a failure to respond to a notice in lieu of a subpoena. See R. 1:9- 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
A subpoena may be issued by the clerk of the court and the fee is $5.00 pursuant to N.J.S.A 22A:2-7 or by an attorney or party in the name of the clerk. It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party’s attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2- 4 shall apply to a failure to respond to a notice in lieu of a subpoena. See R. 1:9- 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
Friendlies and the Surrogate’s Intermingled Trust Fund
Friendlies and the Surrogate’s Intermingled Trust Fund
Rule 4:44 requires court approval of a settlement on behalf of a minor or mentally incapacitated person (previously referred to as an “incompetent”). The majority of settlements paid on behalf of minors and incapacitated individuals are paid into the
Surrogate’s Intermingled Trust Fund (SITF). Whenever the proceeds of such a settlement are to be paid into the SITF, a uniform order for judgment form must be used.
A copy of the form appears in the appendix. Before scheduling a friendly hearing seeking approval of a settlement on behalf of a minor or mentally incapacitated individual, counsel should contact the county surrogate and ensure that the surrogate has reviewed and approved the proposed completed order for judgment form.
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
Rule 4:44 requires court approval of a settlement on behalf of a minor or mentally incapacitated person (previously referred to as an “incompetent”). The majority of settlements paid on behalf of minors and incapacitated individuals are paid into the
Surrogate’s Intermingled Trust Fund (SITF). Whenever the proceeds of such a settlement are to be paid into the SITF, a uniform order for judgment form must be used.
A copy of the form appears in the appendix. Before scheduling a friendly hearing seeking approval of a settlement on behalf of a minor or mentally incapacitated individual, counsel should contact the county surrogate and ensure that the surrogate has reviewed and approved the proposed completed order for judgment form.
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
Policy of Open Records
Rule 1:2-1 states the Judiciary’s policy favoring open court and unsealed records.
b. Confidentiality of Court Records
Rule 1:38 provides that all records required by statute or rule to be kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, except certain specified records. Exceptions relevant to the Civil Division include:
personnel and pension records;
records pertaining to investigations and reports made for a court;
completed jury questionnaires and preliminary lists of jurors;
records required by statute or rule to be kept confidential or withheld from
indiscriminate public inspection;
records impounded or kept confidential via court order; and
statistical reports prepared by judges for the AOC.
c. Access Policies and Procedures
Attached and appearing in the appendix is a copy of AOC Directive #15-05 which provides guidelines and uniform procedures and forms for access to case-related records.
d. Civil Cases Involving Child Victims of Sexual Abuse
N.J.S.A. 2A:82 -46 requires that all court documents that state the name, address and identity of a victim who was a minor at the time of the alleged commission of certain sexual assault, endangering the welfare and abuse and neglect cases shall be confidential.
Although the statute reads in terms of “the name, address and identity,” if any one of the three is present, court personnel will treat the document as confidential since that appears to be the intent of the Legislature. Such documents will not be disclosed to the public unless a judge authorizes such disclosure for good cause after notice is given to all interested parties and a hearing is conducted on the matter. The Act also provides that the name of the victim shall not appear in any public record; rather, initials or a fictitious name shall appear. The offenses covered by the Act include aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.A. 2C:24- 4, and actions alleging an abuse or neglect under N.J.S.A. 9:6-8.21 et esq. Any person who purposefully discloses to the public a document in violation of the statute is guilty of a disorderly persons offense.
Updated as of April 1, 200722- 2
The following procedures apply in such cases:
Impoundment of Case Files
In all actions coming under the statute, the complaint and other public
records must use initials or fictitious names in place of the name, address
and identity of any victim under age 18.
In situations where court personnel have identified cases as falling within
the confidentiality provisions of the Act – and notwithstanding that the
initial case filings may have failed to comply with the statutory provisions
regarding the use of initials and fictitious names – court personnel have
been directed to impound the records.
Transcripts
Court reporters and other transcribers will continue to produce the court
proceedings in covered cases verbatim. Such verbatim transcripts shall be
available for normal use by the court and the parties. However, any
transcript that identifies, by name, address or otherwise, a child victim of an
offense covered by the statute shall not be released to or inspected by the
public unless the court authorizes the release of the transcript following a
hearing as provided in the statute. If the court decides to release such a
transcript, it shall make provision for protection of the child victim’s
identity as the court deems appropriate.
Control of Files
There is a need to ensure strict control of files to prevent inadvertent
dissemination of child victim information in violation of the statute. On
occasion, trial court files are informally reviewed in the courtroom by
attorneys and others, including members of the media. In addition, files are
often circulated to judges who make duplicate copies of part or all of the
file. In cases coming under the statute, any and all requests for documents,
except for requests by parties, their attorneys, or judges involved in
deciding the case, shall be directed to a centrally designated court office
that will have responsibility for maintaining procedures to ensure
compliance with the statute.
Unless the presiding judge of a division designates an alternate procedure, in each
division such central court office shall be the division manager’s office, and the division
manager will coordinate the response to a request with the county clerk and other court
personnel. See AOC Directive #11- 90.
Civil Commitment Records
Pursuant to N.J.S.A. 30:4-24, records involving civil commitments are
confidential. These records are maintained in the office of the County Adjuster.
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
Rule 1:2-1 states the Judiciary’s policy favoring open court and unsealed records.
b. Confidentiality of Court Records
Rule 1:38 provides that all records required by statute or rule to be kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, except certain specified records. Exceptions relevant to the Civil Division include:
personnel and pension records;
records pertaining to investigations and reports made for a court;
completed jury questionnaires and preliminary lists of jurors;
records required by statute or rule to be kept confidential or withheld from
indiscriminate public inspection;
records impounded or kept confidential via court order; and
statistical reports prepared by judges for the AOC.
c. Access Policies and Procedures
Attached and appearing in the appendix is a copy of AOC Directive #15-05 which provides guidelines and uniform procedures and forms for access to case-related records.
d. Civil Cases Involving Child Victims of Sexual Abuse
N.J.S.A. 2A:82 -46 requires that all court documents that state the name, address and identity of a victim who was a minor at the time of the alleged commission of certain sexual assault, endangering the welfare and abuse and neglect cases shall be confidential.
Although the statute reads in terms of “the name, address and identity,” if any one of the three is present, court personnel will treat the document as confidential since that appears to be the intent of the Legislature. Such documents will not be disclosed to the public unless a judge authorizes such disclosure for good cause after notice is given to all interested parties and a hearing is conducted on the matter. The Act also provides that the name of the victim shall not appear in any public record; rather, initials or a fictitious name shall appear. The offenses covered by the Act include aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.A. 2C:24- 4, and actions alleging an abuse or neglect under N.J.S.A. 9:6-8.21 et esq. Any person who purposefully discloses to the public a document in violation of the statute is guilty of a disorderly persons offense.
Updated as of April 1, 200722- 2
The following procedures apply in such cases:
Impoundment of Case Files
In all actions coming under the statute, the complaint and other public
records must use initials or fictitious names in place of the name, address
and identity of any victim under age 18.
In situations where court personnel have identified cases as falling within
the confidentiality provisions of the Act – and notwithstanding that the
initial case filings may have failed to comply with the statutory provisions
regarding the use of initials and fictitious names – court personnel have
been directed to impound the records.
Transcripts
Court reporters and other transcribers will continue to produce the court
proceedings in covered cases verbatim. Such verbatim transcripts shall be
available for normal use by the court and the parties. However, any
transcript that identifies, by name, address or otherwise, a child victim of an
offense covered by the statute shall not be released to or inspected by the
public unless the court authorizes the release of the transcript following a
hearing as provided in the statute. If the court decides to release such a
transcript, it shall make provision for protection of the child victim’s
identity as the court deems appropriate.
Control of Files
There is a need to ensure strict control of files to prevent inadvertent
dissemination of child victim information in violation of the statute. On
occasion, trial court files are informally reviewed in the courtroom by
attorneys and others, including members of the media. In addition, files are
often circulated to judges who make duplicate copies of part or all of the
file. In cases coming under the statute, any and all requests for documents,
except for requests by parties, their attorneys, or judges involved in
deciding the case, shall be directed to a centrally designated court office
that will have responsibility for maintaining procedures to ensure
compliance with the statute.
Unless the presiding judge of a division designates an alternate procedure, in each
division such central court office shall be the division manager’s office, and the division
manager will coordinate the response to a request with the county clerk and other court
personnel. See AOC Directive #11- 90.
Civil Commitment Records
Pursuant to N.J.S.A. 30:4-24, records involving civil commitments are
confidential. These records are maintained in the office of the County Adjuster.
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
Civil Fees
Civil Fees
Payee
All checks for fees paid to the court in civil matters except for deposits of money into court must be made payable to Treasurer, State of New Jersey. Deposits of moneys into court, to be held in the Superior Court Trust Fund, should continue to be made payable to the Superior Court of New Jersey. See R. 1:13- 10.
b. Applications to Waive Filing Fees
Rule 1:13-2 allows the court to waive payment of fees for indigent persons, i.e., those unable to pay filing fees, who apply for waiver and who provide verification of their indigent status. Copies of the pleadings to be filed must accompany the application.
c. Filing Fees – State of New Jersey/State Agencies
The State of New Jersey and any of its agencies, including the Motor Vehicle Commission, are exempt from payment of all filing fees. See N.J.S.A. 22A:2-22.
d. New Jersey Property Liability Insurance Guaranty Association NJPLIGA) not Exempt from Fees The NJPLIGA is not a state agency and thus is not exempt from payment of filing and other court fees.
e. Filing Fees – Prosecutor
The county prosecutors’ offices are not exempt from the payment of filing fees even in forfeiture actions in which county prosecutor is acting on behalf of the State.
f. Fees for Name Changes – Family Members
When a name change is brought, as a single complaint, by a parent and adult children or by registered domestic partners, a single fee is due and a single docket number will be assigned.
g. Fees for First Papers
When the first paper filed by a particular party is not a complaint or an answer, the complaint or answer fee, whichever is applicable, must be paid. Therefore, if the first paper filed by a party is a stipulation extending time to answer only or a motion in lieu of answer, the answer fee must be paid. If the first paper is a motion in lieu of answer, the fee for filing a motion is not required, only the answer fee must be paid.
h. Refund of Filing Fees
Filing fees generally will not be refunded. However, the court may, as a courtesy but not an obligation, choose to make a refund of a filing fee only when the fee has not been processed AND a docket number has not yet been assigned.
i. Consolidated Cases – Filing Fees
For purposes of filing fees, consolidated matters (non-mass torts) are treated the same as singular cases.
j. Fees for Omnibus Motions
When a single motion is filed that relates to a number of cases, for instance, when the cases involve a common insurance carrier that is in rehabilitation, a single motion fee may be charged.
k. Fees Payable When Filers Are Spouses
When a document is filed on behalf of a husband and wife, and a single filing fee is required.
l. Fee for Cases Remanded from Criminal Division
If a matter is remanded from the Criminal Division, a $200 filing fee must be paid.
m. Fees for Motions to Turnover Funds and Motions to Withdraw Funds
The fee for a motion to turnover funds is $30, regardless of the amount of the funds. A motion to turnover funds is a postjudgment motion to get access to funds that were the subject of a levy. This is different from the motion to withdraw funds for which the filing fee is $30 for funds less than $100; $30 plus an extra $5 for funds of $100 but less than $1000 or a total of $35; and $30 plus an extra $10 for funds of $1000 or more or a total of $40. The motion to withdraw is filed to get access to funds previously paid into court. An example is when a carrier pays the amount of the insurance policy limits into
court during the pendency of a personal injury case.
n. Fees for Exemplified and Certified Copies
Fees for exemplified copies of Law Division, Civil Part judgments are computed as $5 for the certification, plus $5 for the exemplification plus the $0.75 per page fee. Thus the fee for an exemplification is $10 plus the per page copy fee. An exemplification fee for a single page document is $10.75; for a five-page document the fee is $13.75.
Note that the fee for an exemplified copy of a Special Civil Part judgment is different ($5) and is governed by a different statute. Fees for certified copies of civil documents are as follows:
If a copy of the document to be certified is supplied by the requestor and if this is the first request by the particular requestor for the particular document, there is no fee;
If the copy of the document is not supplied or for all requests after the initial request, the fee is $5.00 per request. There is no charge for the first copy of a name change judgment and writ of execution.
o. Fees for Defense Motions to Dismiss
When the first paper filed by a defendant is a motion to dismiss, the $135 fee for the defendant’s first pleading is charged. Even if the motion is granted, the fee is non- refundable.
p. Fees for Motions to Transfer from Special Civil Part The fee for a filing of a motion to transfer a case from the Special Civil Part to the Civil Part is $30 (the Civil Part motion filing fee), as these motions must be brought in the Civil Part. If the motion is granted, the moving party must pay the applicable Civil Part filing fee for its first paper, less any filing fee previously paid when originally filing in the Special Civil Part.
q. Fees for Condemnation Appeals
Rule 4:73-6 provides that an appeal from the Report of the Commissioners on a condemnation case can be filed under the original docket number without a fee. However, the second part of the rule requires a new docket assignment for appeals that should be severed and for these the fee is $200 per property.
r. Presumptive Fees to Condemnation Commissioners
The standard rate for compensating condemnation commissioners should be $200 per hour for commissioners and $225 per hour for the chair or lead commissioner.
s. Fees for Wage and Hour Matters If a wage and hour case is filed pursuant to R. 4:74-8 as an appeal from a judgment
obtained in the Wage Collection Section of the Department of Labor and Industry (now known as the Department of Labor and Workforce Development), the filing fee is $75 pursuant to N.J.S.A. 22A:2-27. If, on the other hand, the case is brought not as an appeal, but as a summary action, the filing fee is $230 (i.e., $200 for the verified complaint and $30 for the OSC).
t. Restoration Fees Following Reinstatement Under R. 4:23-5
The restoration fee payable under R. 4:23- 5, whether restoration is done via motion or consent order, must be submitted with the motion or consent order.
u. Fees Upon Remand from Federal Courts
When a matter is remanded from the Federal Court to the Law Division, Civil Part, the remand should be considered as a new filing and the party charged the full $200 filing fee. Likewise, even if the defendant filed an answer in the Federal Court, the
defendant is charged the full filing fee upon filing his/her answer in the Superior Court. The only time no fees would be charged is when the matter originated in the Superior Court and was removed to the Federal Court. In that situation, no fees would be charged. if the matter is subsequently remanded back to the Superior Court, as long as the parties paid the appropriate fees prior to the remand.
v. Fees for the Issuance of Subpoenas By the Court
The fee for issuance of a subpoena is $5.00. See N.J.S.A 22A:2- 7.
w. Fees for the Issuance of an Arrest Warrant
The fee for the issuance of a civil arrest warrant is $5. To execute the warrant, additional fees are charged by the county Sheriffs’ offices.
x. Fees for Election-Related Matters
There is no filing fee for actions seeking a recount following an election. For all other election-related matters, which should be brought as summary actions pursuant to R. 4:67 via verified complaint and OSC, the filing fee is $230.
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
Payee
All checks for fees paid to the court in civil matters except for deposits of money into court must be made payable to Treasurer, State of New Jersey. Deposits of moneys into court, to be held in the Superior Court Trust Fund, should continue to be made payable to the Superior Court of New Jersey. See R. 1:13- 10.
b. Applications to Waive Filing Fees
Rule 1:13-2 allows the court to waive payment of fees for indigent persons, i.e., those unable to pay filing fees, who apply for waiver and who provide verification of their indigent status. Copies of the pleadings to be filed must accompany the application.
c. Filing Fees – State of New Jersey/State Agencies
The State of New Jersey and any of its agencies, including the Motor Vehicle Commission, are exempt from payment of all filing fees. See N.J.S.A. 22A:2-22.
d. New Jersey Property Liability Insurance Guaranty Association NJPLIGA) not Exempt from Fees The NJPLIGA is not a state agency and thus is not exempt from payment of filing and other court fees.
e. Filing Fees – Prosecutor
The county prosecutors’ offices are not exempt from the payment of filing fees even in forfeiture actions in which county prosecutor is acting on behalf of the State.
f. Fees for Name Changes – Family Members
When a name change is brought, as a single complaint, by a parent and adult children or by registered domestic partners, a single fee is due and a single docket number will be assigned.
g. Fees for First Papers
When the first paper filed by a particular party is not a complaint or an answer, the complaint or answer fee, whichever is applicable, must be paid. Therefore, if the first paper filed by a party is a stipulation extending time to answer only or a motion in lieu of answer, the answer fee must be paid. If the first paper is a motion in lieu of answer, the fee for filing a motion is not required, only the answer fee must be paid.
h. Refund of Filing Fees
Filing fees generally will not be refunded. However, the court may, as a courtesy but not an obligation, choose to make a refund of a filing fee only when the fee has not been processed AND a docket number has not yet been assigned.
i. Consolidated Cases – Filing Fees
For purposes of filing fees, consolidated matters (non-mass torts) are treated the same as singular cases.
j. Fees for Omnibus Motions
When a single motion is filed that relates to a number of cases, for instance, when the cases involve a common insurance carrier that is in rehabilitation, a single motion fee may be charged.
k. Fees Payable When Filers Are Spouses
When a document is filed on behalf of a husband and wife, and a single filing fee is required.
l. Fee for Cases Remanded from Criminal Division
If a matter is remanded from the Criminal Division, a $200 filing fee must be paid.
m. Fees for Motions to Turnover Funds and Motions to Withdraw Funds
The fee for a motion to turnover funds is $30, regardless of the amount of the funds. A motion to turnover funds is a postjudgment motion to get access to funds that were the subject of a levy. This is different from the motion to withdraw funds for which the filing fee is $30 for funds less than $100; $30 plus an extra $5 for funds of $100 but less than $1000 or a total of $35; and $30 plus an extra $10 for funds of $1000 or more or a total of $40. The motion to withdraw is filed to get access to funds previously paid into court. An example is when a carrier pays the amount of the insurance policy limits into
court during the pendency of a personal injury case.
n. Fees for Exemplified and Certified Copies
Fees for exemplified copies of Law Division, Civil Part judgments are computed as $5 for the certification, plus $5 for the exemplification plus the $0.75 per page fee. Thus the fee for an exemplification is $10 plus the per page copy fee. An exemplification fee for a single page document is $10.75; for a five-page document the fee is $13.75.
Note that the fee for an exemplified copy of a Special Civil Part judgment is different ($5) and is governed by a different statute. Fees for certified copies of civil documents are as follows:
If a copy of the document to be certified is supplied by the requestor and if this is the first request by the particular requestor for the particular document, there is no fee;
If the copy of the document is not supplied or for all requests after the initial request, the fee is $5.00 per request. There is no charge for the first copy of a name change judgment and writ of execution.
o. Fees for Defense Motions to Dismiss
When the first paper filed by a defendant is a motion to dismiss, the $135 fee for the defendant’s first pleading is charged. Even if the motion is granted, the fee is non- refundable.
p. Fees for Motions to Transfer from Special Civil Part The fee for a filing of a motion to transfer a case from the Special Civil Part to the Civil Part is $30 (the Civil Part motion filing fee), as these motions must be brought in the Civil Part. If the motion is granted, the moving party must pay the applicable Civil Part filing fee for its first paper, less any filing fee previously paid when originally filing in the Special Civil Part.
q. Fees for Condemnation Appeals
Rule 4:73-6 provides that an appeal from the Report of the Commissioners on a condemnation case can be filed under the original docket number without a fee. However, the second part of the rule requires a new docket assignment for appeals that should be severed and for these the fee is $200 per property.
r. Presumptive Fees to Condemnation Commissioners
The standard rate for compensating condemnation commissioners should be $200 per hour for commissioners and $225 per hour for the chair or lead commissioner.
s. Fees for Wage and Hour Matters If a wage and hour case is filed pursuant to R. 4:74-8 as an appeal from a judgment
obtained in the Wage Collection Section of the Department of Labor and Industry (now known as the Department of Labor and Workforce Development), the filing fee is $75 pursuant to N.J.S.A. 22A:2-27. If, on the other hand, the case is brought not as an appeal, but as a summary action, the filing fee is $230 (i.e., $200 for the verified complaint and $30 for the OSC).
t. Restoration Fees Following Reinstatement Under R. 4:23-5
The restoration fee payable under R. 4:23- 5, whether restoration is done via motion or consent order, must be submitted with the motion or consent order.
u. Fees Upon Remand from Federal Courts
When a matter is remanded from the Federal Court to the Law Division, Civil Part, the remand should be considered as a new filing and the party charged the full $200 filing fee. Likewise, even if the defendant filed an answer in the Federal Court, the
defendant is charged the full filing fee upon filing his/her answer in the Superior Court. The only time no fees would be charged is when the matter originated in the Superior Court and was removed to the Federal Court. In that situation, no fees would be charged. if the matter is subsequently remanded back to the Superior Court, as long as the parties paid the appropriate fees prior to the remand.
v. Fees for the Issuance of Subpoenas By the Court
The fee for issuance of a subpoena is $5.00. See N.J.S.A 22A:2- 7.
w. Fees for the Issuance of an Arrest Warrant
The fee for the issuance of a civil arrest warrant is $5. To execute the warrant, additional fees are charged by the county Sheriffs’ offices.
x. Fees for Election-Related Matters
There is no filing fee for actions seeking a recount following an election. For all other election-related matters, which should be brought as summary actions pursuant to R. 4:67 via verified complaint and OSC, the filing fee is $230.
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
Other Writs
Other Writs
Other writs include:
Writs of Replevin
A writ of replevin can only be issued by order of the court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. The posting of a replevin bond with the court is usually required before the Sheriff can act on the writ. These writs are returnable in 30 days. See R. 4:61 et seq.
Writs of Attachment
A writ of attachment can only be issued upon the court’s order on plaintiff’s motion and is usually sought in the beginning of litigation to ensure, that if the plaintiff is successful, assets are preserved and available to satisfy a judgment. It allows the seizure of the debtor’s property. Some instances in which attachments are issued include: when the defendant is a nonresident of this State; the defendant flees; or the defendant is a corporation created by the laws of another State which allows attachments against New Jersey corporations authorized to do business in that State. See R. 4:60 et seq.
Under R. 4:60- 6, there are two ways a writ of attachment for property located in a county other than that of the docketed litigation may be issued. Subsection (a) states that the court where the matter is docketed may, in its discretion, order the deputy clerk of the Superior Court of a county where the property is located to issue a writ addressed to the sheriff of that county and forward a copy to the judgment unit of the Superior Court Clerks’ office in Trenton, where it will be entered in the Civil Judgment and Order Docket. In either case, the writ must be prepared by the filer, not by the court.
Other writs include:
Writs of Replevin
A writ of replevin can only be issued by order of the court. It is usually for the recovery of tangible personal property that has been wrongfully taken or detained. The posting of a replevin bond with the court is usually required before the Sheriff can act on the writ. These writs are returnable in 30 days. See R. 4:61 et seq.
Writs of Attachment
A writ of attachment can only be issued upon the court’s order on plaintiff’s motion and is usually sought in the beginning of litigation to ensure, that if the plaintiff is successful, assets are preserved and available to satisfy a judgment. It allows the seizure of the debtor’s property. Some instances in which attachments are issued include: when the defendant is a nonresident of this State; the defendant flees; or the defendant is a corporation created by the laws of another State which allows attachments against New Jersey corporations authorized to do business in that State. See R. 4:60 et seq.
Under R. 4:60- 6, there are two ways a writ of attachment for property located in a county other than that of the docketed litigation may be issued. Subsection (a) states that the court where the matter is docketed may, in its discretion, order the deputy clerk of the Superior Court of a county where the property is located to issue a writ addressed to the sheriff of that county and forward a copy to the judgment unit of the Superior Court Clerks’ office in Trenton, where it will be entered in the Civil Judgment and Order Docket. In either case, the writ must be prepared by the filer, not by the court.
Compliance with Child Support Lien Law
Compliance with Child Support Lien Law
N.J.S.A. 2A:17-56.23b requires attorneys and parties to undertake a search, using a private firm, to determine if the party receiving money as a result of a settlement or judgment, or in a number of other situations, is a child support debtor. If so, the amount of child support owed is a lien against the net proceeds. The legislation provides as follows:
Before distributing any net proceeds of a settlement, judgment, inheritance or award to the prevailing party or beneficiary:
1. the prevailing party or beneficiary shall provide the attorney, insurance company or agent responsible for the final distribution of such funds with a certification that includes the prevailing party’s or beneficiary’s full name, mailing address, date of birth and social Security number; and 2. the attorney representing the prevailing party or beneficiary shall
initiate a search of New Jersey judgments, through a private judgment search company that maintains information on child
support judgments to determine if the prevailing party or beneficiary is a child support judgment debtor. N.J.S.A. 2A:17-56.23b(b);
If the certification of the search company shows that the prevailing party or beneficiary is not a child support judgment debtor, the net proceeds may be paid to the prevailing party or beneficiary immediately. If the certification shows that the prevailing party or beneficiary is a child support judgment debtor, the attorney, insurance company or agent that initiated the search shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the child support judgment. N.J.S.A. 2A:17 -56.23b(c). See Strickland v. 212 Corp of N.J., 380 N.J. Super. 248 (Law Div 2005).
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
N.J.S.A. 2A:17-56.23b requires attorneys and parties to undertake a search, using a private firm, to determine if the party receiving money as a result of a settlement or judgment, or in a number of other situations, is a child support debtor. If so, the amount of child support owed is a lien against the net proceeds. The legislation provides as follows:
Before distributing any net proceeds of a settlement, judgment, inheritance or award to the prevailing party or beneficiary:
1. the prevailing party or beneficiary shall provide the attorney, insurance company or agent responsible for the final distribution of such funds with a certification that includes the prevailing party’s or beneficiary’s full name, mailing address, date of birth and social Security number; and 2. the attorney representing the prevailing party or beneficiary shall
initiate a search of New Jersey judgments, through a private judgment search company that maintains information on child
support judgments to determine if the prevailing party or beneficiary is a child support judgment debtor. N.J.S.A. 2A:17-56.23b(b);
If the certification of the search company shows that the prevailing party or beneficiary is not a child support judgment debtor, the net proceeds may be paid to the prevailing party or beneficiary immediately. If the certification shows that the prevailing party or beneficiary is a child support judgment debtor, the attorney, insurance company or agent that initiated the search shall contact the Probation Division of the Superior Court to arrange for the satisfaction of the child support judgment. N.J.S.A. 2A:17 -56.23b(c). See Strickland v. 212 Corp of N.J., 380 N.J. Super. 248 (Law Div 2005).
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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