Law Office Of Paul DePetris
paul@newjerseylemon.com

Midland Funding New Jersey Special Civil Part Lawsuit FAQS

INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL PART LAWSUIT FAQS

WHAT IS A MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL PART LAWSUIT?
A Midland Funding New Jersey Special Civil Part lawsuit is a type of New Jersey debt collection lawsuit. A Midland Funding New Jersey Special Civil Part lawsuit begins when the business known as Midland Funding files a lawsuit against you in New Jersey Special Civil Part to collect money from you for a debt.

WHAT IS A MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL PART SUMMONS?
A Midland Funding New Jersey Special Civil Part summons is a Special Civil court document that “summons” you to file a Special Civil answer in a particular New Jersey Special Civil Part court in a Midland Funding New Jersey Special Civil Part lawsuit. The New Jersey Special Civil Part summons should state the date on which the New Jersey Special Civil Part complaint was served on you. This is the date that you use to figure out how much time you have to answer the Midland Funding Special Civil Part lawsuit. If you are sued in a Midland Funding Special Civil Part lawsuit you have 35 days following service of the New Jersey Special Civil Part complaint to file a New Jersey Special Civil Part answer.

WHAT IS A MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL PART COMPLAINT?
A Midland Funding New Jersey Special Civil Part complaint is the lawsuit filed against you by Midland Funding to collect a debt in New Jersey Special Civil Part court. You have 35 days following service of the Midland Funding New Jersey Special Civil Part complaint to file a New Jersey Special Civil Part answer.

ARE MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL SUMMONSES AND SPECIAL CIVIL COMPLAINTS NORMALLY MAILED TO SPECIAL CIVIL DEFENDANTS?
Just because you received documents in the mail does not mean they don’t come from the New Jersey Special Civil Part court!!! The most common way that a Midland Funding New Jersey Special Civil Part lawsuit is forwarded to you is simultaneously by first class mail and certified mail, return receipt requested. Many people facing New Jersey Midland Funding lawsuits think they can avoid trouble simply by ignoring or refusing or failing to claim New Jersey Special Civil Part certified mail. Such thoughts are usually incorrect.

IF YOU ARE SUED BY MIDLAND FUNDING IN NEW JERSEY SPECIAL CIVIL PART – WHAT DO I DO?
If you are sued by Midland Funding in New Jersey Special Civil Part, you must act by filing an answer in 35 days from the date you are served with the Midland Funding lawsuit. The answer is a written response to the Midland Funding lawsuit that specifically admits or denies each allegation stated in the Midland Funding New Jersey Special Civil Part complaint and that asks the court to dismiss the Midland Funding lawsuit. Failure to file your answer on time will normally result in your being defaulted and exposes you to the risk of having a New Jersey Special Civil Part money judgment entered against you and thereafter, possibly losing money or property. Each Midland Funding New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges. It is common for people to file inadequate or incorrect answers to lawsuits and to thereby give up some or many of their rights. It is important to be truthful and not to make misstatements of facts when answering Midland Funding New Jersey Special Civil Part complaints. It is extremely important that you prepare your answer very carefully and make sure that you include in the answer a detailed list of all defenses against the Midland Funding New Jersey Special Civil Part complaint that you are responding to, since failure to do so could cause you to lose your case. Accordingly, when you are sued, you should seriously consider hiring a New Jersey Special Civil Part lawyer to prepare your answer, to prepare written requests for information to Midland Funding (discussed further below) and if you can afford it, to have a New Jersey Special Civil Part lawyer represent you in court. After your answer is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the Midland Funding complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file your Midland Funding answer that is determined based on the amount of the original dispute and the type of trial you want and whether you intend to add parties to the lawsuit (discussed below). Only persons age 18 or older are able to file a Midland Funding answer for themselves (minors must file a Special Civil answer through their parent or guardian).

WHAT DOES THE TERM “PRO SE” MEAN IN A MIDLAND FUNDING CASE?
If you are not represented by a New Jersey Special Civil Part lawyer in a New Jersey Midland Funding case, you are called a “pro se litigant”.

DO I AUTOMATICALLY GET A JURY TRIAL OF MY MIDLAND FUNDING CASE?
Most Midland Funding trials in New Jersey Special Civil Part are nonjury trials, meaning that only a judge decides the Midland Funding trial. For an extra fee paid only when you first file your Midland Funding answer, you may demand a trial by 6 jurors. However, Midland Funding jury trials are much more complex than Midland Funding nonjury trials and usually require much more preparation, including extensive court paperwork.

WHAT IF I IGNORE THE MIDLAND FUNDING SPECIAL CIVIL PART SUMMONS AND COMPLAINT?
If you don’t answer a Midland Funding complaint in time, the court clerk should automatically enter a default against you. Thereafter, the Midland Funding attorney may prepare and file court paperwork asking the New Jersey Special Civil Part court to enter a Midland Funding default judgment. If the default judgment is entered, it is usually very difficult for a Midland Funding lawsuit defendant to vacate the Midland Funding default judgment and the paperwork to vacate a Midland Funding default judgment is very difficult to properly prepare. If you ignore a Midland Funding judgment, the following may happen to you:
• you may be forced to answer detailed questions about the location and value of your savings, personal property and bank accounts
• you may be forced to appear for a deposition (a question and answer session conducted under oath) during which an attorney will ask you questions about the location and value of your savings, personal property and bank accounts
• your bank account may be frozen and money in it turned over to Midland Funding
• some of your wages may be taken from you and turned over to Midland Funding
• your personal property may be seized by the sheriff and sold to satisfy the Midland Funding judgment
• a New Jersey lien may be put against a house you own
Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late or very difficult to do anything to successfully stop the Midland Funding debt collection efforts. It is not uncommon for the New Jersey Special Civil Part court to refuse to help such latecomers from taking issue with Midland Funding’s debt collection efforts.

WHAT IF I AM SUED BY MIDLAND FUNDING IN NEW JERSEY SPECIAL CIVIL PART BUT SOMEONE OWES ME MONEY BECAUSE OF THE SAME SITUATION?
If you are a Midland Funding lawsuit defendant and you believe either Midland Funding or someone that isn’t named in the lawsuit owes you money or property based on the same set of facts as those in dispute in the Midland Funding lawsuit or facts related to the dispute, in addition to filing a Midland Funding answer, you may also be able to file a New Jersey Special Civil Part counterclaim or third party complaint to recover the money or property. If there are valid facts and legal reasons to support it, a defendant can file their own lawsuit against Midland Funding, called a “counterclaim. If you are sued and someone who is not named in the lawsuit is partially or totally responsible for the Midland Funding debt or for damages you suffered that involve the same facts alleged in the Midland Funding lawsuit and there are valid facts and legal reasons to support it, you may be able to file your own complaint, called a “third party complaint”. By doing so, the Special Civil defendant names parties not originally named to the New Jersey Special Civil Part complaint as additional parties to the New Jersey Special Civil Part case. New Jersey Special Civil Part counterclaims and Special Civil third party complaints must be prepared in writing and filed with the appropriate New Jersey Special Civil Part court where the original New Jersey Special Civil Part complaint is being heard normally require extra fees above the cost of filing a Special Civil answer to the original New Jersey Special Civil Part complaint. In the New Jersey Special Civil Part case of a Special Civil third party complaint, once properly filed, the New Jersey Special Civil Part normally serves it on the Special Civil plaintiff. Forms may be available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web. However, neither Special Civil court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services. Each New Jersey Special Civil Part 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 Part complaints or counterclaims that result in the New Jersey Special Civil Part complaints or Special Civil answers to New Jersey Special Civil Part complaints or counterclaims being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies. It is important to be truthful and not to make misstatements of facts when answering New Jersey Special Civil Part complaints and filing counterclaims and Special Civil third party complaints. It is extremely important that you prepare your answer, counterclaim or third party complaint carefully and make sure that you include in the documents a detailed list of all reasons why you may have a right to win your New Jersey Special Civil Part case, since failure to do so could cause you to lose your New Jersey Special Civil Part case. Accordingly, when you are sued and when you want to file a counterclaim or third party complaint, you should seriously consider hiring a Special Civil lawyer to prepare your response to the New Jersey Special Civil Part complaint or counterclaim, to prepare written requests for information to the Special Civil plaintiff or Special Civil defendant that sued you (discussed further below) and if you can afford it, to have a Special Civil lawyer represent you in court. After your New Jersey Special Civil Part counterclaim or Special Civil third party complaint is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the New Jersey Special Civil Part complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary of Special Civil paperwork to the appropriate county office of the Superior Court of New Jersey. You must pay a fee to file the document that is determined based on the amount of the original dispute and the type of trial you want and it may also be based on whether you intend to add parties to the lawsuit.

WHAT HAPPENS IF I FAIL TO FILE AN ANSWER TO A MIDLAND FUNDING COMPLAINT?
If you fail to answer a Midland Funding complaint filed in New Jersey Special Civil Part, the court will automatically enter a default against you, no Midland Funding trial will occur (unless the court vacates the default) and Midland Funding has a certain time from the date of the entry of default to file additional court paperwork with the New Jersey Special Civil Part court to get a default judgment against you.

WHAT HAPPENS IF A NEW JERSEY SPECIAL CIVIL PART DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU IGNORE IT?
If you ignore a New Jersey Special Civil Part default judgment, Midland Funding may levy against your bank account and ask the court to turn over the money in your bank account to Midland Funding, some of your wages may be taken from you by garnishment, your personal property may be seized by the sheriff and sold to satisfy the Special Civil judgment and/or a lien may be put against a house you own. Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the New Jersey Special Civil Part court for relief. However, once a New Jersey Special Civil Part judgment is entered against you, you may ask the New Jersey Special Civil Part court to remove or “vacate” the judgment (discussed below).

WHAT HAPPENS AFTER I ANSWER THE MIDLAND FUNDING COMPLAINT?
Many people incorrectly think that all they have to do in a New Jersey Midland Funding debt collection case is to file an answer and then wait for the Midland Funding trial date. However, that is rarely the case. Midland Funding may serve you with written requests for information called interrogatories, notices to produce (sometimes also called requests for production of documents) and requests for admissions. Midland Funding sends these requests to you – usually by first class mail and certified mail, return receipt requested. If you fail to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the New Jersey Special Civil Part court may punish the delinquent party, such as by throwing their complaint out of court or suppressing their answer. Midland Funding request for admissions are particularly dangerous if they go unanswered, since all the questions are considered admitted and therefore conclusively proven against you! Many people get Midland Funding interrogatories or Midland Funding request for admissions and answer the Midland Funding interrogatories or Midland Funding request for admissions incorrectly or not at all. Failure to timely and carefully prepare and serve thorough answers to Midland Funding interrogatories or Midland Funding request for admissions could result in your losing your Midland Funding case. To make sure you answer Midland Funding interrogatories or Midland Funding request for admissions correctly, you should seriously consider hiring a New Jersey Special Civil Part lawyer to prepare your answers to Midland Funding interrogatories and your answers to Midland Funding admissions and if you can afford it, to have a New Jersey Special Civil Part lawyer represent you in court.

WHAT IS A MIDLAND FUNDING MOTION TO SUPPRESS ANSWER?
Many people ask themselves what is a Midland Funding motion to suppress answer? Do I really have to answer such a motion? A Midland Funding motion to suppress answer is a motion to suppress your answer so that the court can ignore your defense to the Midland Funding lawsuit. In many cases, if the Midland Funding motion to suppress is granted and Midland Funding makes a motion to suppress your answer with prejudice in the appropriate time frame, it could lead to Midland Funding winning their case against you by getting a New Jersey Special Civil Part judgment in their favor. Accordingly, you should never ignore a motion to suppress answer but instead should take it very seriously. If Midland Funding makes such a motion against you, seriously consider hiring a New Jersey Special Civil Part lawyer to prepare your answers to Midland Funding interrogatories and to answer the motion before it is too late!

WHAT IS A MIDLAND FUNDING MOTION TO STRIKE ANSWER?
Many people ask themselves what is a Midland Funding motion to strike answer? Do I really have to answer such a motion? A Midland Funding motion to strike answer is just like a motion to suppress your answer. The Midland funding motion to strike your answer is filed so that the court can ignore your defense to the Midland Funding lawsuit. In many cases, if the Midland Funding motion to strike is granted and Midland Funding makes a motion to strike your answer with prejudice in the appropriate time frame, it could lead to Midland Funding winning their case against you by getting a New Jersey Special Civil Part judgment in their favor. Accordingly, you should never ignore a motion to strike answer but instead should take it very seriously. If Midland Funding makes such a motion against you, seriously consider hiring a New Jersey Special Civil Part lawyer to prepare your answers to Midland Funding interrogatories and to answer the motion before it is too late!

WHAT IS A MIDLAND FUNDING MOTION FOR SUMMARY JUDGMENT?
A Midland Funding summary judgment motion is a formal request, made by an application called a motion for summary judgment, to have judgment entered in favor of Midland Funding and against you without having any trial. Midland Funding files its motion for summary judgment with the New Jersey Special Civil Part and you must timely answer the Midland Funding motion for summary judgment or it may be decided against you – causing a money judgment to be entered against you. If you do answer the Midland Funding motion for summary judgment the date that the motion is heard by the New Jersey Special Civil Part court is called the motion’s “return date” or “hearing date”. A Midland Funding motion for summary judgment claims that some or all of the important facts of the Midland Funding New Jersey Special Civil Part case are not in dispute and therefore, that the law entitles Midland Funding to recover the debt from you by getting a judgment awarded against you. Midland Funding summary judgment motions are usually successful where there are no important issues of fact to be decided at trial and therefore, the New Jersey Special Civil Part judge is able to decide the Midland Funding case without taking time to have a Midland Funding trial. Therefore Midland Funding summary judgment motions decided by the New Jersey Special Civil Part court can decide the case once and for all.

HOW ARE MIDLAND FUNDING SUMMARY JUDGMENT MOTIONS DECIDED BY THE NEW JERSEY SPECIAL CIVIL PART COURT?
Many people ask the question: how are Midland Funding summary judgment motions decided by the New Jersey Special Civil Part court. To understand how Midland Funding summary judgment motions are decided by the New Jersey Special Civil Part court, you must know about the New Jersey summary judgment standard. The court considers the complaints, answers, counterclaims, 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 Midland Funding summary judgment motion. If those papers show that there is no genuine issue as to any material fact challenged by you and that Midland Funding deserves summary judgment as a matter of law, then the New Jersey Special Civil Part judge with grant the Midland Funding motion. Under the New Jersey summary judgment standard, not all issues of fact are relevant to the New Jersey Special Civil Part court’s decision of whether to grant or deny summary judgment. Instead, under the New Jersey summary judgment standard, an issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the Midland funding summary judgment motion, together with all legitimate inferences from the evidence favoring you, would require submission of the issue to the judge or jury deciding the facts of the New Jersey Special Civil Part case (called the “trier of fact”). If a Midland Funding case lacks material factual disputes, the New Jersey Special Civil Part judge simply applies the appropriate law to the facts. Moreover, disputed facts of an insubstantial nature should not prevent the court from granting a Midland Funding summary judgment motion. Even where you dispute an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the court may grant the Midland Funding summary judgment motion.

WHAT HAPPENS IF I LOSE A MIDLAND FUNDING MOTION FOR SUMMARY JUDGMENT?
Many people ask the question: what happens if I lose a Midland Funding motion for summary judgment? Once summary judgment is entered against you, Midland Funding may levy against your bank account and ask the court to turn over the money in your bank account to Midland Funding, some of your wages may be taken from you by garnishment, your personal property may be seized by the sheriff and sold to satisfy the Special Civil judgment and/or a lien may be put against a house you own.

WHAT HAPPENS AT THE NEW JERSEY SPECIAL CIVIL PART TRIAL?
If you somehow avoid having your answer suppressed for failing to answer Midland Funding interrogatories and avoid losing a Midland Funding summary judgment motion, your Midland Funding case will likely go to trial. On your New Jersey Special Civil part trial date you must appear at court. You must be on time to avoid losing your Midland Funding New Jersey Special Civil Part case! If you fail to appear before the court when your case is called, the New Jersey Special Civil Part court shall likely enter a default. Thereafter, Midland Funding shall file paperwork to recover a default judgment against you. If you appear on time and participate in the trial, you must be prepared to present your defense to the Midland Funding case.

HOW DO I PREPARE FOR a MIDLAND FUNDING TRIAL?
Many people ask the question: how do I prepare for a Midland Funding trial in New Jersey Special Civil Part? 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 Midland Funding case. The New Jersey Special Civil Part judge has the power to punish unprepared parties, such as by throwing their defenses out of court or limiting what they can present at the Midland Funding trial. You must bring all documents, photographs, videos and other items with you to the trial that are necessary to prove your defense (preferably originals). Even if you bring such documents and items to court, the New Jersey Special Civil Part judge may refuse to allow you to use them at your trial. New Jersey has 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 at the trial. Accordingly, before your trial, to prepare for a Midland Funding trial you must consult all of the appropriate court rules to determine how you intend to get your documents and items into evidence or how to properly use them at the trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial. For example, it is very common for courts to refuse to allow a defendant to use or refer to documents or items that the person themselves never prepared. Often parties stumble into their Midland Funding trial 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 defendant that the New Jersey Special Civil Part court is not going to even consider such items or documents. Without the proper preparation, items and documents may never be considered by the court. Also, if there are any legal issues to be dealt with at the trial, prepare for a Midland Funding trial you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. If you have any witnesses that you need to testify for you at the New Jersey Special Civil Part trial, then in advance of the Midland Funding trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the case is adjourned). Such a subpoena must normally be personally served by a process server rather than by mail. If you want to force someone to testify as part of your case, since they might not show up at the New Jersey Special Civil Part trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of subpoena or subpoena (depending if they are named as a party to the case). If you think that you could have problems getting someone to show up to provide testimony at the New Jersey Special Civil Part trial, you should have a process server serve them with a subpoena or if they are a party to the dispute, a notice in lieu of subpoena. Without witnesses to testify at trial (especially experts, where appropriate), you may lose your case. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. Also, it is very common for Midland Funding trials to get adjourned because someone is not ready to present their New Jersey Special Civil Part case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your case on the date that the court schedules the trial since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their case or defense on the scheduled trial date). To prepare for a Midland Funding trial, have your questions for any witnesses prepared in advance and have your legal arguments written down so you can read them to the court at trial. At the end of trial, the New Jersey Special Civil Part court normally enters a judgment for or against you. The court may also withhold or “reserve” judgment for a later date, which normally results in the New Jersey Special Civil Part judge taking time to write up reasons for the judge’s decision and mailing it to your last known addresses (or to your New Jersey Special Civil Part lawyer, if they are represented).

WHAT IS A MIDLAND FUNDING MEDIATION IN NEW JERSEY SPECIAL CIVIL PART?
In most cases heard in the New Jersey Special Civil Part, before the trial occurs, you and a Midland Funding attorney mediate the Midland Funding case. New Jersey Special Civil Part mediation is an informal hearing normally held in a conference room. You and the Midland Funding attorney and any attorneys or pro se parties involved in the case appear at the New Jersey Special Civil Part mediation. The Midland Funding mediation is conducted by a neutral New Jersey Special Civil Part court appointed mediator. The court mediator is trained in resolving disputes through the process of New Jersey Special Civil Part mediation. Accordingly, the court mediator attempts to resolve the case by suggesting a possible settlement to all parties to the case. During the Midland Funding mediation, neither Midland Funding nor you or any other party must settle the case. If you do settle the case and change your mind, you shall likely face a motion to enforce the settlement and these motions are very often successful since courts generally don’t like when a person settles their Midland Funding case and thereafter fails to follow the settlement. Many cases can’t before a trial and when your case is called to be tried, you must be prepared.

WHY IS IT DANGEROUS TO RUSH INTO A NEW JERSEY SPECIAL CIVIL PART SETTLEMENT WITH MIDLAND FUNDING?
Normally, at any New Jersey Special Civil Part mediation, the court has settlement forms for the parties to complete if they settle the Midland Funding case. But neither court forms, websites nor advice from court personnel are good substitutes for a New Jersey Special Civil Part lawyer’s advice. Each New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges. For example, what if you don’t include protections to yourself in the agreement? If, after making a settlement, Midland Funding and you disagree on how to carry out the settlement, the court may refuse to enforce a New Jersey Special Civil Part settlement the way you think it should be enforced. Also, if you fail to honor a New Jersey Special Civil Part settlement, you may have to return to court or a judgment may be entered against you quickly. If you can afford a New Jersey Special Civil Part lawyer, have them prepare the New Jersey Special Civil Part settlement agreement so that they can try to make the other parties agree to the best settlement terms for you. If you do settle your Midland Funding case yourself, you should notify the court as soon as possible – with a phone call and then followed up in writing. If the case is settled before the Midland Funding trial, you should make every effort to advise the court of the New Jersey Special Civil Part settlement before the trial occurs.

HOW DO I APPEAL MY MIDLAND FUNDING NEW JERSEY SPECIAL CIVIL PART CASE?
If you lose your Midland Funding New Jersey Special Civil Part case, either by failing to answer Midland Funding interrogatories, losing a Midland Funding motion for summary judgment or losing your trial, you may have options to reverse your loss. If you disagree with the New Jersey Special Civil Part court’s decision about a summary judgment motion or Midland Funding motion to suppress your answer or Midland Funding motion to strike your answer, you may file papers for the court to reconsider its decision – called a motion for reconsideration. In some cases, the motion for reconsideration must be made in 20 days. If you lose the trial, you may make a motion for new trial but you must do so in a specific time frame or give up that opportunity. If the New Jersey Special Civil Part court’s decision in your case is final, you may also appeal the New Jersey Special Civil Part case to a higher court -- the New Jersey Appeals Court. There are very strict deadlines for filing New Jersey Special Civil Part 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 Appeals Court within 45 days from the date of judgment and pay a fee to the New Jersey Appeals Court – New Jersey Special Civil Part appeals are not heard by that court and you should not try to file appellate papers with the New Jersey Special Civil Part! As part of your New Jersey Special Civil Part 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. New Jersey Appeals Court cases are some of the most complex proceedings in the court system. The court normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a New Jersey attorney’s legal services. Each New Jersey Appeals Court case has its own particular legal issues and therefore, its own challenges. If you can afford a New Jersey Special Civil Part lawyer who handles appeals, it is best to have the attorney perform the steps necessary to take a New Jersey Special Civil Part 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 New Jersey Special Civil Part appeals from final judgments or orders. 

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