6:12-1. Recording and Transcript of Proceedings

6:12-1. Recording and Transcript of Proceedings

• (a) Taking of Record. The Administrative Director is authorized to provide for the verbatim recording of all proceedings in the Special Civil Part either by an official or temporary stenographic reporter appointed pursuant to law or by sound recording device. Such device shall be operated and any required transcripts prepared by personnel assigned by the court for that purpose, all in accordance with procedures established by the Administrative Director.
• (b) Use of Transcripts. Transcripts of proceedings in the Special Civil Part for use on appeal or other authorized purposes shall be prepared, insofar as practical, in accordance with the procedures applicable to the preparation of transcripts of proceedings in the Civil Part of the Law Division.
• (c) Request of Party. When the proceedings are sound recorded, in addition thereto, at the request and expense of any party, the court shall permit a record of the proceedings to be made by a certified shorthand reporter.
• (d) When No Record Is Made. In the absence of a stenographic or sound record of any proceeding, in the event of an appeal, a statement of proceedings shall be prepared as provided for by R. 2:5-3(e).

Note: Source — R.R. 7:16-1(a) (b) (c). Paragraph (c) adopted July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (b) amended July 19, 2012 to be effective September 4, 2012.

6:12-2. Clerk's Office; Place of Trials; Filing; Inquiries

The clerk's office shall be maintained at the principal location of the Special Civil Part. All business of the court shall be conducted there and all papers in pending actions filed there except as otherwise provided in these rules or by order of the Assignment Judge. Orders shall be filed forthwith upon signing. All inquiries shall be addressed to the clerk and answered in his or her name, and requests for information or for the return of papers shall be accompanied by an addressed stamped envelope. All fees must be paid in advance.

Note: Source — R.R. 7:12-2, 7:19-3, 7:19-5, 7:19-7, 7:19-8, 7:19-10; amended November 7, 1988 to be effective January 2, 1989; amended July 19, 2012 to be effective September 4, 2012.

6:12-3. Supporting Personnel

• (a) Officers' Bonds; Fiscal Accounts. All officers executing writs issued out of the Special Civil Part upon which money may be collected shall, before entering upon the discharge of their duties, file in the office of the clerk a bond in such sum and form as prescribed by the Administrative Director of the Courts. Such officers shall maintain such fiscal records, subject to such audit, as the Administrative Director of the Courts prescribes.
• (b) Substitution for Officer Deceased or Otherwise Unable to Act. When an officer dies or becomes incapacitated or for any other reason is unable to act, the court shall by order appoint another officer on the approved list of the court to proceed with and complete the execution of all writs which had been delivered to the deceased or incapacitated officer for execution with the same power in all things yet to be done as the officer would have had, had the executions been delivered to the officer originally and had the officer done what was done by the officer's predecessor, except that the officer shall not be liable for any error or default of the officer to whom the executions were originally delivered.

Note: Source — R.R. 7:21-4, 7:21-5; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 19, 2012 to be effective September 4, 2012.

6:12-4. Accounting System

The Administrative Director of the Courts shall prescribe the docketkeeping, indices, bookkeeping and accounting procedures for the various types of financial transactions in the clerk's office.

RULE 6:11. Small Claims Section; Practice

RULE 6:11. Small Claims Section; Practice

The general rules of practice and procedure in the Special Civil Part, including the provisions of R. 1:40-6, shall apply to the Small Claims Section except that any authorized officer or employee may prosecute and defend on behalf of a party which is a business entity, whether formally incorporated or not, claims originating with and not held by transfer or assignment to that business entity, provided that such officer or employee is neither a suspended or disbarred attorney nor one who has resigned. This exception shall apply to every action cognizable in the Small Claims Section whether or not the complaint has been filed in the Small Claims Section. Notice in the Small Claims Section shall be by summons as provided by R. 6:2-1, and actions in such Section shall be disposed of on the return day unless adjourned by the court. Upon the filing of a counterclaim for a sum in excess of the monetary limit of the Small Claims Section, the action shall be transferred to the Special Civil Part proper upon payment by the defendant of the required fees.

RULE 6:10. Representation in Summary Actions Between Landlord and Tenant

RULE 6:10. Representation in Summary Actions Between Landlord and Tenant

The prohibition of appearances and filing of court papers by business entities other than sole proprietors, contained in R. 1:21-1(c), shall apply to summary actions for possession of premises, except that a partner in a general partnership may file papers and appear pro se.

RULE 6:9. Procedure for Collection of Statutory Penalties and for Confiscation of Chattels

RULE 6:9. Procedure for Collection of Statutory Penalties and for Confiscation of Chattels

The provisions of R. 4:70 (procedure for collection of statutory penalties and confiscation of chattels) are applicable to the Special Civil Part.

RULE 6:8. Special Actions: Attachment, Capias and Replevin; Return of Orders for Possession

RULE 6:8. Special Actions: Attachment, Capias and Replevin; Return of Orders for Possession

Writs of capias ad respondendum, attachment and replevin shall be issued and proceeded upon in accordance with R. 4:51, 4:60 and 4:61, respectively, and in accordance with applicable law. An officer assigned to execute an order for possession in a replevin action shall make return thereof to the clerk within 30 days from the issuance of such order, and the officer shall not thereafter execute such order without the further order of the court.

6:7-4. Chattel Executions; Time at Which Levy Can be Made; Accrual of Interest

6:7-4. Chattel Executions; Time at Which Levy Can be Made; Accrual of Interest

• (a) Personal Property Within Residential Premises. Levies on personal property located within residential premises can be made only between the hours of 6:00 a.m. and 10:00 p.m., unless otherwise permitted by court order, which may be sought by ex parte application.
• (b) Other Personal Property. Levies on other personal property may be made at any time, but a Special Civil Part Officer may be required to levy on such property outside the hours of 6:00 a.m. to 10:00 p.m. only if the property cannot be levied on between the hours of 6:00 a.m. and 10:00 p.m.
• (c) Accrual of Interest. The judgment creditor or the judgment creditor's attorney may file an affidavit or certification with the clerk of the court setting forth the amount of accrued interest. A copy of the affidavit or certification shall be sent by ordinary mail and by certified or registered mail, return receipt requested, by the judgment creditor or attorney to the judgment debtor at the debtor's last known address and by ordinary mail to the court officer to whom the writ of execution has been assigned. The affidavit or certification shall state that the interest and the court officer fees thereon have been imposed pursuant to R. 4:42-11 and must be collected in accordance with same by the officer. The court officer shall give to the judgment creditor or judgment creditor's attorney at least 30 days' notice of intention to return the chattel execution fully satisfied. The affidavit or certification shall be filed with the clerk prior to the return of the satisfied execution by the court officer. An affidavit or certification filed subsequent to the return of the satisfied execution shall be returned by the clerk to the judgment creditor or attorney with a notation or notice that the execution has been fully satisfied.

6:7-3. Wage Executions; Notice, Order, Hearing; Accrual of Interest

6:7-3. Wage Executions; Notice, Order, Hearing; Accrual of Interest

• (a) Notice, Order, Hearing. The provisions of R. 4:59-1(e) (wage executions) are applicable to the Special Civil Part, except as otherwise provided by R. 6:7-1(a) and except that the judgment-debtor shall notify the clerk of the Special Civil Part named in the notice of execution and the judgment-creditor in writing within 10 days after service of the notice of any reasons why the order should not be entered and the judgment-creditor may waive in writing the right to appear at the hearing on the objection and rely on the papers.
• (b) Accrual of Interest. The judgment creditor or the judgment creditor's attorney who seeks to recover interest that has accrued subsequent to issuance of the execution must file an affidavit or certification with the clerk of the court setting forth the amount of accrued interest. A copy of the affidavit or certification shall be served personally or by certified mail upon the judgment debtor's employer by the judgment creditor or attorney. A copy of the affidavit or certification shall be sent by ordinary mail by the judgment creditor or attorney to the judgment debtor at the debtor's last known address and to the court officer who served the execution upon the judgment debtor's employer. The affidavit or certification shall state that the interest and the court officer fees thereon have been imposed pursuant to R. 4:42-11 and must be collected in accordance with same by the employer. The court officer shall give to the judgment creditor or judgment creditor's attorney at least 30 days' notice of intention to return the wage execution fully satisfied. The affidavit or certification shall be filed with the clerk prior to the return of the satisfied wage execution by the court officer. An affidavit or certification filed subsequent to the return of the satisfied wage execution shall be returned by the clerk to the judgment creditor or attorney with a notation or notice that the wage execution has been fully satisfied.