Law Office Of Paul DePetris
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10 Special Civil Motion Mistakes


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Or, 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.

TEN MISTAKES SPECIAL CIVIL PRO SE LITIGANTS MAKE WHEN ANSWERING SPECIAL CIVIL MOTIONS

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 ARE EXAMPLES OF THE TYPES OF NEW JERSEY SPECIAL CIVIL PART MOTIONS?
There are many kinds of New Jersey Special Civil Part Motions. Some of these include the following:
• Motion to dismiss New Jersey Special Civil Part complaint for failure to answer interrogatories.
• Motion to suppress a New Jersey Special Civil Part answer for failure to answer interrogatories.
• Motion for more specific answers to New Jersey Special Civil Part interrogatories.
• Motion to transfer a New Jersey Special Civil Part case from the New Jersey Special Civil Part to the New Jersey Law Division.
• Motion to dismiss New Jersey Special Civil Part complaint for failure to state a claim for relief.
• Motion for summary judgment.
• Motion for leave to file an amended complaint.
• Motion to transfer venue of the New Jersey Special Civil Part case from one county to another county.

MISTAKES ANSWERING A SPECIAL CIVIL MOTION COULD RESULT IN YOUR LOSING YOUR SPECIAL CIVIL CASE
Many Special Civil pro se parties who answer Special Civil motions fail to prepare the answer properly or to include all things necessary to give them the best chance of winning the Special Civil motion filed against them. For example, if you face a Special Civil motion to dismiss or a Special Civil motion for summary judgment (also called a Special Civil summary judgment motion), if the Special Civil motion is granted against you, your Special Civil case could be over and you could face a Special Civil judgment and thereafter, collection activity (such as the freezing of your bank accounts, sale of your personal property, the placement of a lien on your homes or the attachment of your wages). Below is a list of ten of the most common mistakes that Special Civil pro se parties make when answering Special Civil motions.

MISTAKE ONE - IGNORE A NEW JERSEY SPECIAL CIVIL PART MOTION
If a Special Civil Party files a New Jersey Special Civil Part motion, 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 motion that the responding party objects to the entry of the Special Civil order. Ignoring a New Jersey Special Civil Part could result in dismissal of a New Jersey Special Civil Part complaint or New Jersey Special Civil Part counterclaim, an award of fines or fees against you, the entry of 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 motion in writing and in the proper way and before the deadline for a response expires.

MISTAKE TWO - WITHOUT FIRST FILING OPPOSITION PAPERS, 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?
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 way and 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. A New Jersey Special Civil Part motion 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 motion, do not sit and wait for the New Jersey Special Civil Part motion 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 motion and forward that judge a complete copy of those papers. If you want to argue the New Jersey Special Civil Part motion 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, if any, must be served and filed not later than 10 days before the New Jersey Special Civil Part motion hearing date. A New Jersey Special Civil Part motion 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 motion, do not sit and wait for the New Jersey Special Civil Part motion 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 motion and forward that judge a complete copy of those papers. If you want to argue the New Jersey Special Civil Part motion orally, your opposition papers must include a request for oral argument.

MISTAKE THREE - ASSUME THAT THE SPECIAL CIVIL COURT KNOWS EVERYTHING ABOUT YOUR SPECIAL CIVIL CASE OR THAT THE SPECIAL CIVIL JUDGE WILL LOOK THROUGH YOUR ENTIRE SPECIAL CIVIL CASE FILE BEFORE DECIDING A MOTION
Special civil part is one of the busiest of all of the sections of the Superior Court of New Jersey. Don’t ever expect special civil court personnel to be familiar with the details of your special civil case or for the Special civil judge deciding the special civil motion to read your file . Usually, most special civil court personnel never read your complaints, answers and motions. When dealing with special civil court personnel, be prepared to explain those details of your special civil case that are necessary for them to understand your special civil case.

MISTAKE FOUR – EXPECT SPECIAL CIVIL COURT PERSONNEL TO TELL YOU HOW TO PROPERLY ANSWER A SPECIAL CIVIL MOTION
Special civil court personnel are generally not allowed to give plaintiffs and defendants legal advice. Special civil court personnel are generally not allowed to tell you how to handle your case. Many special civil court personnel are not lawyers or certified paralegals. Be careful to avoid relying on the advice of special civil court personnel. Don’t expect a special civil judge to be convinced if you argue that you relied on of special civil court personnel when making certain decisions in your special civil case!

MISTAKE FIVE – EXPECT SPECIAL CIVIL COURT FORMS TO INCLUDE EVERYTHING YOU MAY NEED TO OPPOSE A SPECIAL CIVIL MOTION
Not every Special Civil motion can be answered with Special Civil court forms. 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 issues 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.

MISTAKE SIX - SIMPLY FILE A LETTER WITHOUT SUPPORTING CERTIFICATIONS, AFFIDAVITS OR EXHIBITS
Many Special Civil pro se parties try to answer a Special Civil motion simply by writing a letter to the Special Civil judge hearing the Special Civil motion. However, to win a Special Civil motion, it is often necessary to submit much more than a simple letter. For example, if you want to get evidence in front of the Special Civil judge to convince them that they should decide the Special Civil motion in your favor, you may have to submit a Special Civil certification or Special Civil affidavit that complies with the Special Civil court rules. 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.

MISTAKE SEVEN – FAIL TO SUBMIT A PROPER SPECIAL CIVIL BRIEF WITH YOUR SPECIAL CIVIL OPPOSITION PAPERS
A Special Civil brief is a document to the Special Civil court that states a Special Civil party’s legal arguments about why they should win a Special Civil motion. While a letter may serve as a Special Civil brief, the Special Civil court may prefer or be more inclined to consider a proper Special Civil brief. Special Civil certifications and Special Civil affidavits should not include legal arguments – instead Special Civil certifications and Special Civil affidavits should not include legal arguments are used only to submit facts. However, the Special Civil brief may be used to cite to New Jersey legal cases, New Jersey laws and New Jersey administrative codes and New Jersey court rules that support a Special Civil party’s right to win a Special Civil motion. A well written Special Civil brief that includes citations to New Jersey legal cases, New Jersey laws and New Jersey administrative codes and New Jersey court rules could provide the edge that a Special Civil pro se party needs to win a Special Civil motion.

MISTAKE EIGHT – FAILING TO SUPPORT YOUR SPECIAL CIVIL PART OPPOSITION PAPERS WITH EVIDENCE
Special Civil motions are often decided on the evidence submitted by Special Civil parties. Failure to submit evidence in opposition to a Special Civil motion may make you lose the Special Civil motion and any Special Civil reconsideration motion of Special Civil appeal because the crucial evidence you needed to prove your position on the Special Civil motion was not properly before the Special Civil court. 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.

MISTAKE NINE – IF THE SPECIAL CIVIL COURT SCHEDULES ORAL ARGUMENT, FAILING TO SHOW UP TO ARGUE YOUR POSITION ON WHY THE SPECIAL CIVIL MOTION SHOULD BE DENIED
If the Special Civil court schedules oral argument on the Special Civil motion for an in court hearing, you should be present to argue your position on the Special Civil motion or get the Special Civil court’s permission to be available by phone to participate in the Special Civil hearing. Motions shall be heard on days designated by the Assignment Judge or designee. Subject to R. 1:6-2(d), upon receipt of an objection and a request for oral argument, or at the direction of the Special Civil court, the Special Civil clerk shall set the Special Civil motion down for a Special Civil court hearing and shall notify the Special Civil parties or their Special Civil attorneys by mail of the Special Civil hearing time and place. Requests for oral argument of contested Special Civil motions made in a timely and procedurally proper manner by any Special Civil party shall be granted as a matter of right. A Special Civil party who has not requested oral argument may waive in writing the right to appear at the Special Civil hearing and instead rely on the papers. When oral argument has been waived by all Special Civil parties, it should not be required unless the Special Civil court believes that it is necessary for disposition of the Special Civil motion. Special Civil The court may use telephone conferences to dispose of motions.

MISTAKE TEN – IF ORAL ARGUMENT IS SCHEDULED ON THE SPECIAL CIVIL MOTION, FAILURE, BEFORE THE SPECIAL CIVIL ORAL ARGUMENT BEGINS, TO WRITE OUT WHAT POINTS THAT SUPPORT YOUR POSITION ON THE SPECIAL CIVIL MOTION
Special Civil judges usually want you to be prepared to start your Special Civil trial as soon as your Special Civil case is called to be tried. Special Civil judges don’t want to wait for you to decide what questions you will ask your witnesses during the Special Civil trial. How you ask your questions during your Special Civil trial could affect whether you win your Special Civil case. Take the time to prepare your Special Civil direct examination and Special Civil cross examination in advance of your Special Civil trial.

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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