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Special Civil Motion To Dismiss Failure to State Claim

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NEW JERSEY SPECIAL CIVIL MOTION TO DISMISS A COMPLAINT
FOR FAILURE TO STATE A CLAIM FOR RELIEF

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 MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is a party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a New Jersey Special Civil Part complaint, New Jersey Special Civil Part counterclaim or New Jersey Special Civil Part crossclaim dismissed for a failure to state a valid legal claim. It may be made “with prejudice” – essentially a dismissal forever or “without prejudice” – essentially a temporary dismissal. The Special Civil party making the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is called the “moving party” or “movant” and the Special Civil party responding to the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief are called “opposition papers.” The date that the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled to be heard is called its “return date” or “hearing date”. If you want to file a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, given the complex nature of such Special Civil 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.


WHEN ARE NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF FILED AND HEARD?
A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief must be made before pleading if a further pleading is to be made. No defense or objection is waived by being joined with one or more other defenses in an answer or motion. Special appearances are superseded. A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief shall be heard and determined before a Special Civil trial on application of any party, unless the court for good cause orders that the hearing and determination thereof be deferred until the a Special Civil trial. A New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief must be served and filed 10 days before the 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 Special Civil 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 a Special Civil trial date – it may decline to do so!

HOW IS A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF DECIDED?
If, on a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, matters outside the Special Civil complaint (or other Special Civil pleading) are presented to and not excluded by the court, the Special Civil motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable opportunity to present all material pertinent to such a Special Civil motion. Unless the Special Civil motion is considered by the New Jersey Special Civil Part as one for summary judgment and disposed of as provided by R. 4:46, when deciding a a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief , the New Jersey Special Civil Part confines its inquiry to a consideration of the legal sufficiency of the alleged facts apparent on the face of the challenged claim. Under this analysis, all facts alleged in the complaint and legitimate inferences drawn therefrom are deemed admitted. When deciding whether the complaint states a valid claim, the New Jersey Special Civil Part should dismiss the complaint if its factual allegations are clearly insufficient to support a claim upon which relief can be granted.

IF I AM MAKING A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF IN THE NEW JERSEY SPECIAL CIVIL PART, WHAT MUST I FILE WITH THE NEW JERSEY SPECIAL CIVIL PART?
• Notice of motion
• Certifications or affidavits presenting any facts supporting your claim for relief
• A brief that states the legal reasons for the New Jersey Special Civil Part to grant the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief and that refers to any cases, court rules, laws or regulations that support your right to relief. The brief may also discuss facts if those facts are already in the New Jersey Special Civil Part record or if you introduce the facts into the New Jersey Special Civil Part record in the manner required by the New Jersey Court Rules.
• Proof of mailing of the entire motion package to all other parties
• Proposed form of order
• A filing fee if required by the New Jersey Special Civil Part – contact the New Jersey Special Civil Part to confirm if a fee is necessary and if so, how much.
• 1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the New Jersey Special Civil Part to use if it grants the proposed order)

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

• One extra copy of all the Special Civil 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.
• Additional 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief.

WHAT IS A NEW JERSEY SPECIAL CIVIL PART NOTICE OF MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
A New Jersey Special Civil Part notice of Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief instructs the New Jersey Special Civil Part hearing the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief and all parties involved in the New Jersey Special Civil Part case who filed papers with the New Jersey Special Civil Part of crucial information regarding the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief.

WHAT INFORMATION GOES INTO A THE SPECIAL CIVIL COURT NOTICE OF MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
The notice of Special Civil motion should include the following information:
• the grounds on which it is made
• the type of relief sought
• if the Special Civil court scheduled a a Special Civil trial or arbitration date, the scheduled date
• if the Special Civil moving party seeks oral argument on the Special Civil motion
• the Special Civil court's address
• a statement that the Special Civil order sought will be entered in the discretion of the Special Civil court unless the attorney or Special Civil pro se party upon whom it has been served notifies the clerk of the Special Civil court and the attorney for the Special Civil moving party or the Special Civil pro se party in writing within ten days after the date of service of the Special Civil motion that the responding party objects to the entry of the Special Civil order.
• the following language: "NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a Special Civil court certification or Special Civil court affidavit. That means that the person signing it swears to the truth of the statements in the Special Civil court certification or Special Civil court affidavit and is aware that the Special Civil court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the Special Civil court to explain your position. If the Special Civil court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the Special Civil court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney."

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, Motion to Dismiss a Complaint for Failure To State A Claim For Relief (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to Motion to Dismiss a Complaint for Failure To State A Claim For Relief must be served upon all attorneys of record in the action and upon parties appearing Special Civil pro se; but no service need be made on parties who have failed to appear (that is, parties who were named to a 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 to Dismiss a Complaint for Failure To State A Claim For Relief may be made (1) by an acknowledgment of service, signed by the attorney for a 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 Special Civil 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief, the 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 New Jersey Special Civil Part 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 New Jersey Special Civil Part case). The proof of service should include the names and addresses of all those parties – their attorneys names and addresses only, if they are represented and for the self represented parties, their names and addresses.

HOW DO I SERVE A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF ON OTHER PARTIES IN THE NEW JERSEY SPECIAL CIVIL PART?
Service of motion papers is complete only on receipt at the office of adverse counsel or the address of a Special Civil 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief or 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 party pursuant to the New Jersey Court Rules. If the Special Civil party to be served is not represented by an attorney, service of Motion to Dismiss a Complaint for Failure To State A Claim For Relief or 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 proof of service required by New Jersey Court Rule 1:5-3. If, however, proof of diligent inquiry as to a 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 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 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 to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief 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 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 to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief should not include facts based merely on "information and belief" or legal arguments.

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 party.

WHAT IS A PROPOSED FORM OF ORDER?
Motions for summary judgment must include a proposed form of order for the judge’s signature and that orders that the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief be granted. A judgment or order shall not contain a recital of the Special Civil complaint (or other Special Civil pleading)s in the New Jersey Special Civil Part case or the record of prior proceedings. It must include the following:

• the caption of the New Jersey Special Civil Part case
• signature line for the judge hearing the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief
• Spaces for the New Jersey Special Civil Part to indicate whether the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief was opposed or unopposed.
• If the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Special Civil 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 to Dismiss a Complaint for Failure To State A Claim For Relief, 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 to Dismiss a Complaint for Failure To State A Claim For Relief 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 A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
• If your New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief papers were marked oral argument waived, unless the New Jersey Special Civil Part otherwise orders the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief.
• 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 to Dismiss a Complaint for Failure To State A Claim For Relief. 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 judge hearing the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief and the phone number of the judge’s chambers. Call the 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 to Dismiss a Complaint for Failure To State A Claim For Relief. 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief and such a card within 7 days of filing the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, 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 case docket number and have your papers ready for reference.
• If you hand deliver the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief to the New Jersey Special Civil Part be sure to get a time stamped copy of the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief (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 to Dismiss a Complaint for Failure To State A Claim For Relief hearing, you should call the New Jersey Special Civil Part the day before the hearing and if necessary, call the judge’s chambers and ask to speak with the 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 to Dismiss a Complaint for Failure To State A Claim For Relief hearing, to avoid having the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief denied, go to court on the date the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief to argue the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief. Failure to appear at Court if the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is scheduled for argument may result in the denial of your New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief. If and when you go to court, be sure to bring a complete file of all documents about your 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 New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, the judge may question you to confirm that you properly served it.
• Normally, after the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 to Dismiss a Complaint for Failure To State A Claim For Relief.
• If the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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, prepare a 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 hearing! Consult the New Jersey Court Rules for further details.

ARE RESPONSES FILED TO THE NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
If they act in time, the parties opposing a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief may file a response to the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief. The Special Civil order sought will be entered in the discretion of the Special Civil court unless the attorney or Special Civil pro se party upon whom it has been served notifies the clerk of the Special Civil court and the attorney for the Special Civil moving party or the Special Civil pro se party in writing within ten days after the date of service of the Special Civil motion that the responding party objects to the entry of the Special Civil order. The written response must be in the form of a Special Civil court certification or Special Civil court affidavit and the response may include authenticated exhibits (see R. 1:6-6) and a brief.

WHAT HAPPENS IF I MAKE A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF OR BEFORE ITS HEARING DATE THE PARTIES SETTLE THE NEW JERSEY SPECIAL CIVIL PART CASE?
Moving parties are permitted to withdraw a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief from the New Jersey Special Civil Part before the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief is heard. If the Special Civil moving party decides to withdraw its New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief or they settle their case, the Special Civil moving party must immediately inform the New Jersey Special Civil Part. This is best done by calling the judge’s chambers for the judge hearing the New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the New Jersey Special Civil Part to fax it to the New Jersey Special Civil Part and to also forward it by certified mail, RRR, keeping a copy for your records).

WHAT HAPPENS IF THE NEW JERSEY SPECIAL CIVIL PART GRANTS MY NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
Unless the New Jersey Special Civil Part otherwise orders, within 7 days after the date it was signed, the Special Civil party obtaining an order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey Court Rules. In most cases, you shall thereafter have to file the proposed New Jersey Special Civil Part answer to the New Jersey Special Civil Part complaint filed in the New Jersey Special Civil Part case.

WHAT HAPPENS IF I OPPOSE AND LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF?
If you opposed and lost a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief, unless otherwise ordered by the New Jersey Special Civil Part, some or all of the relief sought in the Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim shall be granted by the New Jersey Special Civil Part.

NEW JERSEY SPECIAL CIVIL PART MOTIONS FOR RECONSIDERATION & TAKING NEW JERSEY SPECIAL CIVIL PART APPEALS
If you disagree with your New Jersey Special Civil Part court’s decision about a Special Civil motion, you may file papers for your New Jersey Special Civil Part court for various forms of post a Special Civil trial relief, such as a Special Civil motion for your New Jersey Special Civil Part court to reconsider its decision (called a Special Civil motion for reconsideration) or a Special Civil motion to overturn the verdict or a Special Civil motion for a new a Special Civil trial. In most cases, such post a Special Civil trial motions if made from a final judgment or order, must be made in a specific time frame, such as 20 days from the date of your New Jersey Special Civil Part court’s final judgment or order deciding the Special Civil motion. If your New Jersey Special Civil Part’s decision in your New Jersey Special Civil Part case is final, you may also appeal your New Jersey Special Civil Part case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey Special Civil Part appeals. To appeal a New Jersey Special Civil Part final judgment that resolves all issues in your New Jersey Special Civil Part case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey Special Civil Part appeals are not heard by your New Jersey Special Civil Part and you should not try to file appellate papers with your 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. Appeals are some of the most complex proceedings in your New Jersey Special Civil Part court system. Your New Jersey Special Civil Part court 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 a New Jersey Special Civil Part appeal. Appeals from New Jersey Special Civil Part 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. There may be exceptions to the information explained above; therefore, consult an attorney immediately!!!

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL PART MOTION TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM FOR RELIEF MYSELF?
Motion to Dismiss a Complaint for Failure To State A Claim For Relief are some of the most complex proceedings in the New Jersey Special Civil Part system. Some people can and do successfully handle Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief it could have very serious consequences for you! Even attorneys frequently fail to file the proper paperwork when making or opposing Motion to Dismiss a Complaint for Failure To State A Claim For Relief. 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. Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 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 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 New Jersey Special Civil Part 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief.
• it is very common for courts to refuse to allow a party to use or refer to documents or items on a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief 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 Motion to Dismiss a Complaint for Failure To State A Claim For Relief, 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 judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case. The judge hearing your case is not permitted to give you legal advice.
• Losing a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief could mean the end of your case or defenses to a 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 case. Hiring an attorney to handle part or all of your case does not guarantee your success. However, it may provide the assistance you need to win a New Jersey Special Civil Part Motion to Dismiss a Complaint for Failure To State A Claim For Relief.

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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