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Answering Special Civil Summary Judgment Motions

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ANSWERING A SPECIAL CIVIL SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)

WHAT IS A NEW JERSEY SPECIAL CIVIL PART MOTION?
A New Jersey Special Civil Part motion is a Special Civil Party’s formal request, made by an application called a motion, to have the New Jersey Special Civil Part take some action in favor of the Special Civil Party making the New Jersey Special Civil Part motion. The Special Civil Party making the Special Civil motion is called the “moving party” or “movant” and the Special Civil Party answering the Special Civil motion is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the Special Civil moving party’s motion are called “moving papers” and the papers submitted in opposition to the Special Civil motion are called “opposition papers.” The date that the Special Civil motion is scheduled to be heard is called its “return date” or “hearing date”. If you face a New Jersey Special Civil Part motion, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from an attorney licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice. This article is about New Jersey Special Civil Part motions other than those that are filed and heard in the New Jersey Special Civil Part, Small Claims Section or the Superior Court of New Jersey, Law Division, Civil Part or the Superior Court of New Jersey, Chancery Division, the Superior Court of New Jersey, Criminal Part.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
A New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is a Special Civil Party’s formal request, made by an application called a motion, to have some or all portions of a Special Civil case decided by a judge in that party’s favor and before a trial occurs. The Special Civil Party making the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is called the “moving party” or “movant” and the Special Civil Party answering the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the Special Civil moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) are called “opposition papers.” The date that the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is scheduled to be heard is called its “return date” or “hearing date”. Judges decide issues of law in a Special Civil case. In jury trials, juries decide factual issues of a Special Civil case and in trials without a jury (called “nonjury trials”) a judge decides the facts of a Special Civil case. A New Jersey Special Civil Part Summary judgment motion (also called a Special Civil motion for summary judgment) is a type of Special Civil motion that seek the dismissal of part or all of a Special Civil case or of the defense to a Special Civil case without the need for holding a trial. A Special Civil Party seeking any affirmative relief may, after the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. The Special Civil judgment or order sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the Special Civil moving party is entitled to a judgment or order as a matter of law. An issue of fact is genuine only if, considering the burden of persuasion at a Special Civil trial, the evidence submitted by the parties on the Special Civil motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact. The New Jersey Special Civil Part shall find the facts and state its conclusions in accordance with R. 1:7-4. A summary judgment or order, interlocutory in character, may be rendered on any issue in the action (including the issue of liability) although there is a genuine factual dispute as to any other issue (including any issue as to the amount of damages). Subject to the provisions of R. 4:42-2 (judgment upon multiple claims), a summary judgment final in character may be rendered in respect of any portion of the damages claimed.
In a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), the Special Civil moving party claims that some or all of the important facts of the case are not in dispute and therefore, that the law entitles the Special Civil moving party to a judgment on part or all of the case. Summary judgment motion (also called a Special Civil motion for summary judgment) are usually successful where there are no important issues of fact to be decided at a Special Civil trial and therefore, the Special Civil judge is able to decide the case before the trial. If you face a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from an attorney licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice.

WHAT HAPPENS IF I IGNORE A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
If a Special Civil Party files a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), the Special Civil order sought will be entered in the discretion of the New Jersey Special Civil Part unless the attorney or pro se party upon whom it has been served notifies the clerk of the New Jersey Special Civil Part and the attorney for the Special Civil moving party or the pro se party in writing within ten days after the date of service of the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) that the responding party objects to the entry of the Special Civil order. Ignoring a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) could result in a money judgment being entered against you or the dismissal of your Special Civil case and possibly exposes you to the risk of having your wages attached, your bank accounts frozen and the money given to the winning parties in the New Jersey Special Civil Part case, your personal property sold and a lien put against any homes or other real property you may own. You must respond to the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) in writing and in the proper way and before the deadline for a response expires.

CAN I JUST SHOW UP TO A NEW JERSEY SPECIAL CIVIL PART MOTION HEARING WITH DOCUMENTS AND EXPECT TO WIN THE NEW JERSEY SPECIAL CIVIL PART MOTION HEARING NEW JERSEY SPECIAL CIVIL PART CASE?
Many people think they just show up at a New Jersey Special Civil Part motion hearing without first filing any papers answering the Special Civil motion and that the New Jersey Special Civil Part court shall let them tell their story. This is not usually how New Jersey Special Civil Part motions work! Never assume you can just show up to court with documents and try to oppose a motion! If you fail to file a written response to the Special Civil motion in the time required by the New Jersey Court Rules, the New Jersey Special Civil Part motion may be decided against you! Before being heard on a Special Civil motion, you must usually file paperwork with the Special Civil Part – normally, more than a simple letter. The Special Civil rules require motions to be answered a specific way. Many Special Civil plaintiffs and Special Civil defendants fail to properly answer Special Civil motions and lose the Special Civil case because they failed to properly answer the Special Civil motion filed against them. Special Civil motions are often complex and answering Special Civil motions often requires many hours of work and the careful preparation of Special Civil motion opposition papers and the timely filing and service of those Special Civil motion opposition papers. Special Civil Parties that use Special Civil forms are not guaranteed of success. Special Civil forms do not fill themselves out properly and Special Civil forms are no substitute for competent legal advice by a New Jersey Special Civil trial attorney.

HOW ARE NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTIONS (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT) DECIDED?
The standard for determining summary judgment motion (also called a Special Civil motion for summary judgment) is that, if the pleadings, depositions, answers to interrogatories and admissions on file, together with the New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support or in opposition to the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), if any, show that there is no genuine issue as to any material fact challenged and that the Special Civil moving party is entitled to summary judgment as a matter of law. Under the summary judgment standard, not all issues of fact are relevant to the New Jersey Special Civil Part’s decision of whether to grant or deny summary judgment. Instead, an issue of fact is genuine only if, considering the burden of persuasion at a Special Civil trial, the evidence submitted by the parties on the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the Special Civil judge or jury deciding the facts of the case (called the “trier of fact”). If a Special Civil case lacks material factual disputes, the New Jersey Special Civil Part simply applies the appropriate law to the facts. Moreover, disputed facts of an insubstantial nature should not prevent the New Jersey Special Civil Part from granting a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). Even where the nonmoving party disputes an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the New Jersey Special Civil Part may grant the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).

WHY ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS IMPORTANT IN OPPOSING NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTIONS (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
When a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by proper New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications submitted to the New Jersey Special Civil Part and for reasons stated in those New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, that the Special Civil Party was unable to present by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification facts essential to justify opposition, in which case the New Jersey Special Civil Part may deny the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), may order a continuance to permit additional New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

Parties submitting New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits in bad faith. If the New Jersey Special Civil Part is satisfied, at any time, that any of the New Jersey Special Civil Part affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey Special Civil Part shall immediately order the Special Civil Party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the New Jersey Special Civil Part affidavits, including reasonable attorney's fees and the New Jersey Special Civil Part may also hold any offending party or attorney as having committed a contempt of court.

WHAT IS A STATEMENT OF UNCONTESTED MATERIAL FACTS?
The statement of material facts states in separately numbered paragraphs each material fact that the Special Civil moving party claims there is no genuine issue together with a citation to the portion of the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) record establishing the fact or demonstrating that it is uncontroverted. Each citation must identify the document and specify the pages and paragraphs or lines thereof or the specific portions of the exhibits relied on. These types of statements are not required in New Jersey Special Civil Part cases but if you are served with one you should answer it as required by the New Jersey Court Rules and file your response with the New Jersey Special Civil Part as part of your opposition to the Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).

IF I FACE A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT), HOW SHOULD I OPPOSE IT?
A New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) shall be deemed uncontested and there shall be no right to argue orally in opposition unless responsive papers are timely filed and served stating with particularity the basis of the opposition to the relief sought. If you wish to oppose a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), do not sit and wait for the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) to be decided! Instead, before the deadline expires for filing opposition papers file the appropriate papers with the appropriate court, find out who the Special Civil judge is that shall be hearing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) and forward that judge a complete copy of those papers. If you want to argue the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) orally, your opposition papers must include a request for oral argument. At the same time, you should serve a complete copy of your opposition papers on all parties who ever entered an appearance in the case, such as by filing a complaint or answer or motion in the case. Unless the New Jersey Special Civil Part otherwise orders, opposing New Jersey Special Civil Part affidavits, New Jersey Special Civil Part certifications, briefs and cross-motions for summary judgment, if any, must be served and filed not later than 10 days before the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) hearing date. The following are the documents you should timely file with the New Jersey Special Civil Part, forward to the Special Civil judge hearing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) and serve on the appropriate parties:

• Certifications or affidavits presenting any facts disputing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) or providing facts supporting the denial of the the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment)
• Proof of mailing of the entire motion package to all other parties
• If a statement of uncontested material facts was filed with the Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), a responding statement either admitting or disputing each of the facts in the movant's statement. Subject to R. 4:46-5(a), all material facts in the movant's statement which are sufficiently supported will be deemed admitted for purposes of the Special Civil motion only, unless specifically disputed by citation conforming to the requirements of paragraph (a) demonstrating the existence of a genuine issue as to the fact. An opposing party may also include in the responding statement additional facts that the Special Civil Party contends are material and as to which there exists a genuine issue. Each such fact shall be stated in separately numbered paragraphs together with citations to the Special Civil motion record.

When a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is made and properly supported, the opposing party may not rest upon the mere allegations or denials of the pleading, but must respond by proper New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications.

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey Special Civil Part with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.
• A letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the New Jersey Special Civil Part and asking the New Jersey Special Civil Part to return a filed copy of your papers to you for your records.
• A brief that states the legal reasons for the New Jersey Special Civil Part to grant the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) and that refers to any cases, court rules, laws or regulations that support your right to summary judgment.
• New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.
• Exhibits specifically identified in and attached to the New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits you submit that support your factual claims about why the New Jersey Special Civil Part should grant the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).
• A written response to any statement of material facts addressing each and every paragraph/statement made in the statement of facts by admitting or denying the statement and citing to the court record to support any/all denials.

WHAT ARE SPECIAL CIVIL MOTION PAPERS?
The documents that a Special Civil Party files with the Special Civil Part in support of a Special Civil motion are called Special Civil motion papers. Special Civil motion papers may include the following:
• Special Civil Notice of motion
• Special Civil Brief in support of the Special Civil motion
• Special Civil affidavit in support of the Special Civil motion
• Special Civil exhibits to the Special Civil affidavit in support of the Special Civil motion
• Special Civil certification in support of the Special Civil motion
• Special Civil exhibits to the Special Civil certification in support of the Special Civil motion
• Special Civil Proof of service of the Special Civil motion on other Special Civil Parties to the Special Civil case
• Special Civil order for the Special Civil court to sign if the Special Civil motion is granted.
• Statement of material facts.

WHAT ARE SPECIAL CIVIL OPPOSTION PAPERS?
Normally, to defeat a Special Civil motion, you must respond to a Special Civil motion a specific way by preparing Special Civil opposition papers which answer the Special Civil motion or which respond to the Special Civil motion. The Special Civil rules include mandatory requirements for Special Civil opposition papers. Special Civil opposition papers may include the following:
• Special Civil Brief in support of the Special Civil opposition to the Special Civil motion
• Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil affidavit in support of the Special Civil opposition to the Special Civil motion
• Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil exhibits to the Special Civil certification in support of the Special Civil opposition to the Special Civil motion
• Special Civil proof of service of the Special Civil opposition papers on other Special Civil Parties to the Special Civil case

WHEN ARE NEW JERSEY SPECIAL CIVIL PART MOTIONS FILED AND HEARD?
A New Jersey Special Civil Part motion may be heard up to the trial date and it must be typically be served and filed 10 days before the Special Civil motion hearing date. Upon receipt of an objection to the New Jersey Special Civil Part motion being granted and a request for oral argument or at the direction of the New Jersey Special Civil Part, the New Jersey Special Civil Part Clerk sets the New Jersey Special Civil Part motion down for hearing and shall notify the pro se parties or the attorneys by mail of the time and place of the New Jersey Special Civil Part motion hearing. The New Jersey Special Civil Part has wide discretion over whether or not to hear a New Jersey Special Civil Part motion on a trial date – it may decline to do so!

WHAT IS A NEW JERSEY SPECIAL CIVIL PART NOTICE OF MOTION?
A New Jersey Special Civil Part Notice of Motion is a document containing certain language which tells all other parties and the New Jersey Special Civil Part certain information about the Special Civil moving party’s motion. The New Jersey Special Civil Part Notice of Motion instructs the New Jersey Special Civil Part hearing the New Jersey Special Civil Part motion and all parties involved in the case who filed papers with the New Jersey Special Civil Part of crucial information regarding the New Jersey Special Civil Part motion. Certain types of Special Civil notices of Special Civil motion must have specific disclosures as required by the New Jersey Court Rules.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART PROOF OF SERVICE?
In all New Jersey Special Civil Part actions, unless otherwise provided by rule or court order, motions (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to motions must be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear (that is, parties who were named to a Special Civil case but failed to ever file any papers whatsoever with the New Jersey Special Civil Part). Proof of service of a New Jersey Special Civil Part motion may be made (1) by an acknowledgment of service, signed by the attorney for a Special Civil Party or signed and acknowledged by the Special Civil Party, or (2) by an New Jersey Special Civil Part affidavit of the person making service, or (3) by a New Jersey Special Civil Part certification of service appended to the paper to be filed and signed by the attorney for the Special Civil Party making service. If service has been made by mail the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification shall state that the mailing was to the last known address of the person served. A proof of service made by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification shall state the name and address of each attorney served, identifying the Special Civil Party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the New Jersey Special Civil Part promptly and in any event before action is to be taken on the matter by the New Jersey Special Civil Part. Where service has been made by registered or certified mail, filing of the return receipt card with the New Jersey Special Civil Part shall not be required. Failure to make proof of service does not affect the validity of the service, and the New Jersey Special Civil Part at any time may allow the proof to be amended or supplied unless an injustice would result.

In New Jersey Special Civil Part motions, the Special Civil proof of service most often takes the form of an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification that states that the Special Civil Party submitting papers to the New Jersey Special Civil Part for filing served those papers on all parties involved in the case that ever filed papers with the New Jersey Special Civil Part (parties that entered their “appearance” such as by filing a complaint or answer or motion in the case). The Special Civil proof of service should include the names and addresses of all those parties – their attorneys’ names and addresses only, if they are represented (and the name of the parties that each attorney represents) and for the self represented parties, their names and addresses.

HOW DO I SERVE A NEW JERSEY SPECIAL CIVIL PART OPPOSITION PAPERS ON OTHER PARTIES IN THE NEW JERSEY SPECIAL CIVIL PART?
Service of New Jersey Special Civil Part opposition papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing. Service upon an attorney of Special Civil motion or Special Civil opposition papers is made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney or by leaving it at the office with a person in the attorney's employ or if the office is closed or the attorney has no office, in the same manner as service is made upon a Special Civil Party pursuant to the New Jersey Court Rules. If the Special Civil Party to be served is not represented by an attorney, service of Special Civil motion or Special Civil opposition papers upon that party is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the Special Civil Party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the New Jersey Special Civil Part. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the Special Civil proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a Special Civil Party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the Special Civil proof of service required by New Jersey Court Rule 1:5-3 asserts that the Special Civil Party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

WHAT ARE NEW JERSEY SPECIAL CIVIL PART AFFIDAVITS AND NEW JERSEY SPECIAL CIVIL PART CERTIFICATIONS?
New Jersey Special Civil Part affidavits are written statements:
• made in the first person.
• divided into numbered paragraphs.
• that have a caption which includes a designation of the particular proceeding the New Jersey Special Civil Part affidavit supports or opposes and the original date, if any, fixed for the Special Civil motion hearing for which the New Jersey Special Civil Part affidavit is made.
• signed and dated by the individuals making the statements contained in the New Jersey Special Civil Part affidavits.

The person making the New Jersey Special Civil Part affidavit is called “the affiant”.

New Jersey Special Civil Part certifications are written statements made instead of New Jersey Special Civil Part affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for New Jersey Special Civil Part affidavits plus the following language before the signature of the individuals making the New Jersey Special Civil Part certification: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment."

If a New Jersey Special Civil Part motion is based on facts not appearing in the New Jersey Special Civil Part’s records or not judicially noticeable, the New Jersey Special Civil Part may hear the New Jersey Special Civil Part motion if it is supported by New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify. If the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification refers to documents, true and correct copies of the documents, the authenticity of which must be affirmed or certified to, should be attached to the New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification. Once a Special Civil Party submits New Jersey Special Civil Part affidavits or New Jersey Special Civil Part certifications, the New Jersey Special Civil Part may direct the affiant to submit to cross-examination or may hear the New Jersey Special Civil Part motion wholly or partly on oral testimony or depositions. Since the rules require that New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications be made from personal knowledge, New Jersey Special Civil Part affidavits and New Jersey Special Civil Part certifications submitted in support of Special Civil motions should not include facts based merely on "information and belief" or legal arguments.

Parties submitting New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those New Jersey Special Civil Part certifications or New Jersey Special Civil Part affidavits in bad faith. If the New Jersey Special Civil Part is satisfied, at any time, that any of the New Jersey Special Civil Part affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the New Jersey Special Civil Part shall immediately order the Special Civil Party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the New Jersey Special Civil Part affidavits, including reasonable attorney's fees and the New Jersey Special Civil Part may also hold any offending party or attorney as having committed a contempt of court.

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A NEW JERSEY SPECIAL CIVIL PART CERTIFICATION OR NEW JERSEY SPECIAL CIVIL PART AFFIDAVIT?
If the affiant is not available to sign an New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification, it may be filed with a facsimile of the original signature provided the attorney or self represented party offering the document certifies that the affiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the New Jersey Special Civil Part or a Special Civil Party.

WHAT IS A PROPOSED FORM OF ORDER?
Motions must include a proposed form of order for the Special Civil judge’s signature and that orders that the New Jersey Special Civil Part motion be granted. A judgment or order shall not contain a recital of the pleadings in the case or the record of prior proceedings. It must include the following:

• the caption of the case
• signature line for the Special Civil judge hearing the New Jersey Special Civil Part motion
• Spaces for the New Jersey Special Civil Part to indicate whether the New Jersey Special Civil Part motion was opposed or unopposed.
• If the New Jersey Special Civil Part motion or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by New Jersey Special Civil Part affidavit or New Jersey Special Civil Part certification made in compliance with the New Jersey Court Rules
• a designation of the subject of the Special Civil judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)
• the date or dates on which the matter was heard or submitted
• the appearances of counsel and parties appearing pro se
• a separate numbered paragraph for each separate substantive provision of the Special Civil judgment or order
• the effective date of the Special Civil judgment or order or of each provision if the effective date of any provision is different from the date of entry
• If the New Jersey Special Civil Part has made findings of fact and conclusions of law explaining its disposition of the New Jersey Special Civil Part motion, the Special Civil order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered. However, if the New Jersey Special Civil Part motion was argued and the New Jersey Special Civil Part intends to place its findings on the record at a later date, it shall give all parties one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the New Jersey Special Civil Part shall append to the Special Civil order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the Special Civil order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the New Jersey Special Civil Part memorializing the disposition made on a telephone motion.

WHAT HAPPENS AFTER I FILE OPPOSITION TO A NEW JERSEY SPECIAL CIVIL PART MOTION?
• If your New Jersey Special Civil Part opposition papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part motion might not require you to appear for a hearing.
• If your papers are marked to specifically request oral argument, the New Jersey Special Civil Part might permit you to orally argue the New Jersey Special Civil Part motion.
• If your papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part motion. Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Special Civil Part’s decision alone on whether to grant such argument.
• Regardless of how your papers are marked, before ever showing up for a hearing call the New Jersey Special Civil Part and find out the name of the Special Civil judge hearing the New Jersey Special Civil Part motion and the phone number of the Special Civil judge’s chambers. Call the Special Civil judge’s chambers to find out if the New Jersey Special Civil Part is going to hold oral argument on the New Jersey Special Civil Part motion. Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Special Civil Part!!!!
• You should also receive a filed copy of the New Jersey Special Civil Part New Jersey Special Civil Part opposition papers back from the New Jersey Special Civil Part. If you mailed the documents to the New Jersey Special Civil Part for filing do not receive a filed copy of the New Jersey Special Civil Part motion and such a card within 7 days of filing the New Jersey Special Civil Part motion, call the New Jersey Special Civil Part to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys). When you call, refer to your Special Civil case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Special Civil Part motion to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part motion back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
• You may state in your opposition papers that you want your motion to be decided without you having to appear but the New Jersey Special Civil Part can demand your appearance even if you give up your right to appear.
• If the New Jersey Special Civil Part requires you to appear for argument on the New Jersey Special Civil Part motion (the New Jersey Special Civil Part may do so regardless of whether you requested argument), the New Jersey Special Civil Part should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey Special Civil Part motion hearing, you should call the New Jersey Special Civil Part the day before the Special Civil motion hearing and if necessary, call the Special Civil judge’s chambers and ask to speak with the Special Civil judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Special Civil Part requires your appearance at the New Jersey Special Civil Part motion hearing, to avoid having the New Jersey Special Civil Part motion denied, go to court on the date the New Jersey Special Civil Part motion to argue the New Jersey Special Civil Part motion. Failure to appear at Court if the New Jersey Special Civil Part motion is scheduled for argument may result in the denial of your motion. If and when you go to court, be sure to bring a complete file of all documents about your Special Civil case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.). For, if the New Jersey Special Civil Part hears your motion, the Special Civil judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Special Civil Part motion is scheduled to be decided, the New Jersey Special Civil Part forwards you a copy of the Special Civil order granting or denying the New Jersey Special Civil Part motion.
• If the New Jersey Special Civil Part motion is granted, you should be forwarded a copy of the granted order by the New Jersey Special Civil Part. If this happens, make 1 copy of the Special Civil order, sign/date the letter serving the Special Civil order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the Special Civil order (keep the original order for your records).
• Note that the New Jersey Special Civil Part may use telephone conferences to hear motions and with advance approval by the New Jersey Special Civil Part, sometimes the New Jersey Special Civil Part allows parties to appear by telephone instead of appearing at court in person. If you intend to try to appear by phone, you must get the New Jersey Special Civil Part’s consent in advance of the Special Civil motion hearing! Consult the New Jersey Court Rules for further details.

WHAT IF I AM OPPOSING A NEW JERSEY SPECIAL CIVIL PART MOTION AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY SPECIAL CIVIL PART MOTION?
A New Jersey Special Civil Part party opposing a New Jersey Special Civil Part motion who wants to seek summary judgment or some other type of relief related to their opponent’s New Jersey Special Civil Part motion must file a cross motion seeking the relief they want from the New Jersey Special Civil Part. To file a cross motion, you must generally follow the steps discussed above for filing motions. However, the cross motion should be scheduled to be heard on the same date as the original New Jersey Special Civil Part motion that you are opposing.

WHAT HAPPENS IF I LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION?
If you are a New Jersey Special Civil Part plaintiff or a New Jersey Special Civil Part counterclaimant and you lose a New Jersey Special Civil Part motion made by your opponent, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a New Jersey Special Civil Part defendant who you believe owes you money. If you are a New Jersey Special Civil Part defendant – either against a New Jersey Special Civil Part complaint or a New Jersey Special Civil Part counterclaim and you lose a New Jersey Special Civil Part motion filed by an opponent, it could mean the entry of a money judgment against you and the beginning of a Special Civil Party’s efforts to collect the Special Civil judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey Special Civil Part’s decision about a New Jersey Special Civil Part motion, you may file papers for the New Jersey Special Civil Part to reconsider its decision – called a motion for reconsideration. In some cases, the New Jersey Special Civil Part motion for reconsideration must be made in 20 days from the date of the New Jersey Special Civil Part’s order deciding the New Jersey Special Civil Part motion. You may appeal the case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing appeals. To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey Special Civil Part Law Division, Civil Part and Special Civil Part appeals are not heard by the Civil Part or the Special Civil Part and you should not try to file appellate papers with those courts! As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey Special Civil Part system. The New Jersey Special Civil Part normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal. Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

WHAT HAPPENS AFTER I FILE OPPOSITION TO A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
• If your New Jersey Special Civil Part opposition papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) might not require you to appear for a hearing.
• If your papers are marked to specifically request oral argument, the New Jersey Special Civil Part might permit you to orally argue the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).
• If your papers were not marked for oral argument and you wish to request oral argument you shall have to change the brief and/or New Jersey Special Civil Part certification in support of the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). Even if you request oral argument you are not always entitled to oral argument on motions – it is the New Jersey Special Civil Part’s decision alone on whether to grant such argument.
• Regardless of how your papers are marked, before ever showing up for a hearing call the New Jersey Special Civil Part and find out the name of the Special Civil judge hearing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) and the phone number of the Special Civil judge’s chambers. Call the Special Civil judge’s chambers to find out if the New Jersey Special Civil Part is going to hold oral argument on the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). Don’t ever assume that you shall automatically have oral argument or not have to appear for it – always check with the New Jersey Special Civil Part!!!!
• You should also receive a filed copy of the New Jersey Special Civil Part summary judgment New Jersey Special Civil Part opposition papers back from the New Jersey Special Civil Part. If you mailed the documents to the New Jersey Special Civil Part for filing do not receive a filed copy of the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) and such a card within 7 days of filing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), call the New Jersey Special Civil Part to find out why (it is not unusual for courts to lose motions or to fail to mail papers back to litigants or their attorneys). When you call, refer to your Special Civil case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) back from the clerk’s office before leaving court – the clerk’s office normally stamps the date and time when they receive your papers.
• You may state in your opposition papers that you want your motion to be decided without you having to appear but the New Jersey Special Civil Part can demand your appearance even if you give up your right to appear.
• If the New Jersey Special Civil Part requires you to appear for argument on the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) (the New Jersey Special Civil Part may do so regardless of whether you requested argument), the New Jersey Special Civil Part should contact you and you must appear on the date and time as requested.
• If you are not sure if you have to appear at the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) hearing, you should call the New Jersey Special Civil Part the day before the Special Civil motion hearing and if necessary, call the Special Civil judge’s chambers and ask to speak with the Special Civil judge’s clerk or secretary (if the clerk is unavailable).
• If you find out that the New Jersey Special Civil Part requires your appearance at the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) hearing, to avoid having the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) denied, go to court on the date the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) to argue the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). Failure to appear at Court if the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is scheduled for argument may result in the denial of your motion. If and when you go to court, be sure to bring a complete file of all documents about your Special Civil case – letters, motion copies, exhibits and all proof of mailing (returned certified mail cards, certified mail receipts indicating that you mailed documents to your opponent, etc.). For, if the New Jersey Special Civil Part hears your motion, the Special Civil judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is scheduled to be decided, the New Jersey Special Civil Part forwards you a copy of the Special Civil order granting or denying the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).
• If the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) is granted, you should be forwarded a copy of the granted order by the New Jersey Special Civil Part. If this happens, make 1 copy of the Special Civil order, sign/date the letter serving the Special Civil order on your opponent, make 1 copy and forward the original letter to your adversary with 1 copy of the Special Civil order (keep the original order for your records).
• Note that the New Jersey Special Civil Part may use telephone conferences to hear motions and with advance approval by the New Jersey Special Civil Part, sometimes the New Jersey Special Civil Part allows parties to appear by telephone instead of appearing at court in person. If you intend to try to appear by phone, you must get the New Jersey Special Civil Part’s consent in advance of the Special Civil motion hearing! Consult the New Jersey Court Rules for further details.

WHAT IF I AM OPPOSING A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT) AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
A New Jersey Special Civil Part party opposing a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) who wants to seek summary judgment or some other type of relief related to their opponent’s New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) must file a cross motion seeking the relief they want from the New Jersey Special Civil Part. To file a cross motion, you must generally follow the steps discussed elsewhere on this website for filing New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). However, the cross motion should normally be scheduled to be heard on the same date as the original New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) that you are opposing.

WHAT HAPPENS IF I LOSE A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT)?
If you are a New Jersey Special Civil Part plaintiff and you lose a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) made by your opponent, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a New Jersey Special Civil Part defendant who you believe owes you money. If you are a New Jersey Special Civil Part defendant and you lose a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) made by a New Jersey Special Civil Part plaintiff, it could mean the entry of a money judgment against you and the beginning of the plaintiff’s efforts to collect the Special Civil judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey Special Civil Part’s decision about a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), you may file papers for the New Jersey Special Civil Part to reconsider its decision – called a motion for reconsideration. In some cases, the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) for reconsideration must be made in 20 days from the date of the New Jersey Special Civil Part’s order deciding the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment). You may appeal the case to a higher court -- the New Jersey Appellate Division. There are very strict deadlines for filing appeals. To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey Special Civil Part Law Division, Civil Part and Special Civil Part appeals are not heard by the Civil Part or the Special Civil Part and you should not try to file appellate papers with those courts! As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey Special Civil Part system. The New Jersey Special Civil Part normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal. Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL PART SUMMARY JUDGMENT MOTION (ALSO CALLED A SPECIAL CIVIL MOTION FOR SUMMARY JUDGMENT) MYSELF?
Summary judgment motion (also called a Special Civil motion for summary judgment) are some of the most complex proceedings in the New Jersey Special Civil Part system. Some people can and do successfully handle summary judgment motion (also called a Special Civil motion for summary judgment) themselves, from filing the first paperwork to the New Jersey Special Civil Part’s final decision on the appeal. If you lose a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) it could have very serious consequences for you! Even attorneys frequently fail to file the proper paperwork when making or opposing summary judgment motion (also called a Special Civil motion for summary judgment). It is very risky to attempt to handle such complex proceedings without professional legal help provided by an attorney licensed by the State of New Jersey. The New Jersey Special Civil Part normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal. Summary judgment motion (also called a Special Civil motion for summary judgment) require those involved in the appeal (or their attorneys, if they are represented) to file strict deadlines and rules and failure to do so could result in fines or having the appeal dismissed temporarily or forever. The following are additional reasons to use an attorney to handle part or all of your Special Civil case:
• court fees often change
• court rules often change
• court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• court forms available on websites may not cover every situation you may face in court
• each case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect motion or Special Civil opposition papers that result in the papers being rejected by the New Jersey Special Civil Part because of procedural deficiencies
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case or of the New Jersey Court Rules.
• a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their case out of court, fining them or limiting what they can present at a Special Civil trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do to make or oppose a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).
• it is very common for courts to refuse to allow a Special Civil Party to use or refer to documents or items on a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) unless those documents are properly authenticated. Often parties throw together paperwork that fails to comply with the New Jersey Court Rules and that the New Jersey Special Civil Part hearing the New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) refuses to give serious consideration because of the paperwork’s deficiencies.
• without the proper preparation, items and documents may never be considered by the New Jersey Special Civil Part. Also, if there are any legal issues to be dealt with on a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment), you must be prepared to argue them, which may require you to refer to the New Jersey Court Rules, evidence rules, laws, regulations or published cases.
• you cannot show up at court expecting the Special Civil judge hearing your Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your Special Civil case. The Special Civil judge hearing your Special Civil case is not permitted to give you legal advice.
• Losing a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment) could mean the end of your Special Civil case or defenses to a Special Civil lawsuit and could mean the entry of a money judgment against you!

It is important to remember that even if you have an attorney, you could lose your Special Civil case. Hiring an attorney to handle part or all of your Special Civil case does not guarantee your success. However, it may provide the assistance you need to win a New Jersey Special Civil Part summary judgment motion (also called a Special Civil motion for summary judgment).

CAN I RELY ON NEW JERSEY SPECIAL CIVIL PART FORMS PROVIDED BY THE NEW JERSEY SPECIAL CIVIL PART COURT?
The New Jersey Special Civil Part usually provides certain types of Special Civil legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Special Civil Part forms provided by the New Jersey Special Civil Part court – the forms are often deceptively simple, while Special Civil Part cases often are much more complex than they first appear to be. There is simply no substitute for a competent Special Civil attorney licensed to practice law in New Jersey who has experience handling New Jersey Special Civil Part cases. Special Civil forms don’t talk and Special Civil forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey Special Civil Part case. Each New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey Special Civil trial attorney, it is best to have the Special Civil attorney prepare your New Jersey Special Civil Part paperwork for you.

NEED HELP WITH YOUR NEW JERSEY CASE?
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey Special Civil case. The following are reasons to use an attorney to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey Special Civil case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect New Jersey Special Civil complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Special Civil trial.
• it is very common for courts to refuse to allow a party to use or refer to documents or items at the New Jersey Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Special Civil. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Special Civil expecting the judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The judge hearing your New Jersey Special Civil case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey Special Civil case. Hiring an attorney to handle part or all of your New Jersey Special Civil case does not guarantee your success. However, it may provide what is needed to win your New Jersey Special Civil case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY SPECIAL CIVIL CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Special Civil settlement agreements.
• enforced many New Jersey Special Civil settlement agreements.
• provided New Jersey Special Civil pro se parties with New Jersey Special Civil legal advice and prepared New Jersey Special Civil legal forms
• prepared and filed many New Jersey Special Civil complaints
• tried New Jersey Special Civil jury trials
• mediated many New Jersey cases
• argued New Jersey Special Civil motions
• handled New Jersey Special Civil proof hearings
• handled New Jersey Special Civil post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
Atlantic County Bergen County Burlington County Camden County
Cape May County Cumberland County Essex County Special Gloucester County
Hudson County Mercer County Middlesex County Monmouth County
Morris County Ocean County Passaic County Salem County
Somerset County Sussex County Union County Warren County

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY SPECIAL CIVIL CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Special Civil Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
Atlantic County Special Civil Bergen County Special Civil Burlington County Special Civil Camden County Special Civil
Cape May County Special Civil Cumberland County Special Civil Essex County Special Civil Gloucester County Special Civil
Hudson County Special Civil Hunterdon County Special Civil Mercer County Special Civil Middlesex County Special Civil
Monmouth County Special Civil Morris County Special Civil Ocean County Special Civil Passaic County Special Civil
Salem County Special Civil Somerset County Special Civil Sussex County Special Civil Union County Special Civil
Warren County Special Civil

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY SPECIAL CIVIL CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Special Civil cases for an hourly fee, such as by offering to handle your New Jersey Special Civil case up to trial for a fixed fee or to help you handle your New Jersey Special Civil case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Special Civil case to a fixed sum, while providing you the help you need to handle your New Jersey Special Civil case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

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