Law Office Of Paul DePetris
paul@newjerseylemon.com

Special Civil Motion for Reconsideration

Read below to learn more about this topic.

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.

SPECIAL CIVIL PART MOTIONS FOR RECONSIDERATION

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 Special Civil 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 need to make a Special Civil motion or face a Special Civil 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 SPECIAL CIVIL PART MOTION FOR RECONSIDERATION?
A New Jersey Special Civil Part motion for reconsideration, also called a Special Civil reconsideration motion, is a Special Civil Party’s formal request, made by an application called a Special Civil motion, to have the New Jersey Special Civil Part reconsider or change a Special Civil judgment or Special Civil order made by a Special Civil judge. A New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is a party’s formal request, made by an application called a Special Civil motion, to have some or all portions of a Special Civil Part judgment or New Jersey Special Civil Part order “overturned” or “removed” from the New Jersey Special Civil Part’s records or “changed”. New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is also called a Special Civil motion to alter or amend a judgment or order. The party making the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is called the “moving party” or “movant” and the party responding to the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”. The papers submitted with the moving party’s motion are called “moving papers” and the papers submitted in opposition to the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order are called “opposition papers.” The date that the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order 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 For Reconsideration Of A Special Civil judgment or Special Civil order, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from an attorney licensed to practice law in the State of New Jersey. No website is a substitute for competent legal advice.

WHAT IS THE DIFFERENCE BETWEEN A SPECIAL CIVIL INTERLOCUTORY ORDER OR SPECIAL CIVIL INTERLOCUTORY JUDGMENT AND A SPECIAL CIVIL FINAL ORDER OR SPECIAL CIVIL FINAL JUDGMENT?
There are 2 types of Special Civil motions for reconsideration – motions for reconsideration of final judgments and final orders and motions for reconsideration of interlocutory judgments and interlocutory orders. A Special Civil order or Special Civil judgment may be either interlocutory or final. Special Civil interlocutory orders and Special Civil interlocutory judgments are not final – they are subject to change while a Special Civil case is actively litigated in the Special Civil part or before the case is resolved as to all parties and issues. Special Civil final orders and Special Civil final judgments typically decide a Special Civil case or issue in the Special Civil case fully and finally. The difference between Special Civil final and Special Civil interlocutory judgments and Special Civil final and Special Civil interlocutory orders is the timing in which to seek reconsideration before it is too late and the standard for deciding the different types of judgments and orders. A Special Civil motion for reconsideration of interlocutory orders may be made at any time until final judgment is entered in the Special Civil case in the court's discretion and in the interests of justice. The Special Civil court has the inherent power to be exercised in its sound discretion, to review, revise, reconsider and modify its interlocutory judgments and interlocutory orders at any time prior to the entry of a Special Civil final judgment. Reconsideration of final judgments or final orders must be made (filed) within 20 days of the entry of the Special Civil final judgment or Special Civil final order. The rules governing Special Civil final judgments and Special Civil final orders generally require that evidence must be newly discovered to be considered but that requirement does not apply to Special Civil interlocutory judgments and Special Civil interlocutory orders. But interlocutory orders and interlocutory judgments may be reconsidered under the interests of justice standard. That entitlement to change a prior Special Civil court ruling in the interests of justice and the 20 day time limit for making motions for reconsiderations of final orders and final judgments under a more difficult standard are what distinguish Special Civil interlocutory orders and Special Civil interlocutory judgments from Special Civil final orders and Special Civil final judgments.


WHEN ARE NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL FINAL JUDGMENT OR SPECIAL CIVIL FINAL ORDERS FILED AND HEARD?
Except as otherwise provided by R. 1:13-1 (clerical errors) a New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil final judgment or Special Civil final order must be typically be served and filed not later than 20 days after service of the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order upon all parties by the party obtaining it. Such motions are typically heard on standard motion return dates in New Jersey Special Civil Part. A New Jersey Special Civil Part motion must typically 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 pro se parties or the attorneys by mail of the time and place of the New Jersey Special Civil Part motion hearing.

HOW ARE NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL FINAL JUDGMENT OR SPECIAL CIVIL FINAL ORDERS DECIDED?
The New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil final judgment or Special Civil final order shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the New Jersey Special Civil Part has overlooked or as to which it has erred. A New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil final judgment or Special Civil final order focuses on that which was before the New Jersey Special Civil Part in the first instance. Accordingly, new legal theories cannot be presented for the first time via the New Jersey Special Civil Part motion for reconsideration of a Special Civil final judgment or Special Civil final order. Thus, to the extent that a party merely repeats the position it took in the previously unsuccessful motion or trial, the New Jersey Special Civil Part should refrain from considering those issues again via the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil final judgment or Special Civil final order. Instead, reconsideration should be used only for those New Jersey Special Civil Part cases which fall into that narrow corridor in which either (1) the New Jersey Special Civil Part has expressed its decision based upon a clearly incorrect or irrational basis, or (2) it is obvious that the New Jersey Special Civil Part either did not consider, or failed to appreciate the significance of probative, competent evidence. But if a party wishes to bring new or additional information to the New Jersey Special Civil Part's attention which it could not have provided on the first application, the New Jersey Special Civil Part should, in the interest of justice (and in the exercise of sound discretion), consider the evidence. However, since New Jersey Special Civil Part motion practice must come to an end at some point, the New Jersey Special Civil Part must be sensitive and scrupulous in its analysis of the issues in the New Jersey Special Civil Part motion for reconsideration of a Special Civil final judgment or Special Civil final order. Many New Jersey Special Civil Part Motions For Reconsideration Of A Special Civil final judgment or Special Civil final order are rejected as merely another instance where an unhappy party is attempting to relitigate an issue that the New Jersey Special Civil Part already fairly decided. Mere dissatisfaction with the substantive result reached is insufficient reason for reconsideration.

HOW ARE NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL INTERLOCUTORY JUDGMENT OR SPECIAL CIVIL INTERLOCUTORY ORDERS DECIDED?
The rules governing Special Civil final judgments and Special Civil final orders generally require that evidence must be newly discovered to be considered but that more difficult requirement does not apply to Special Civil interlocutory judgments and Special Civil interlocutory orders. Special Civil interlocutory orders and Special Civil interlocutory judgments may be reconsidered under the interests of justice standard. The Special Civil court has the inherent power to be exercised in its sound discretion, to review, revise, reconsider and modify its interlocutory judgments and interlocutory orders at any time prior to the entry of a Special Civil final judgment.

IF I AM MAKING A NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL FINAL JUDGMENT OR SPECIAL CIVIL FINAL ORDER IN THE NEW JERSEY SPECIAL CIVIL PART, WHAT MUST I FILE WITH THE NEW JERSEY SPECIAL CIVIL PART?
• Notice of motion
• A statement of the specific basis on which the New Jersey Motion For Reconsideration Of A Special Civil final judgment is made, including a statement of the matters or controlling decisions which counsel believes the New Jersey Special Civil Part has overlooked or as to which it has erred.
• Certifications or affidavits presenting any facts supporting your claim for relief
• 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 moving papers are:

• One extra copy of all the moving papers to be stamped by the New Jersey Special Civil Part with the filing date and to be returned to you for your records.
• A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.
• A letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the New Jersey Special Civil Part and asking the New Jersey Special Civil Part to return a filed copy of your papers to you for your records.
• A brief that states the legal reasons for the New Jersey Special Civil Part to grant the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil final judgment or Special Civil final order 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.
• 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 For Reconsideration Of A Special Civil final judgment or Special Civil final order.

IF I AM MAKING A NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL INTERLOCUTORY UDGMENT OR SPECIAL CIVIL INTERLOCUTORY RDER IN THE NEW JERSEY SPECIAL CIVIL PART, WHAT MUST I FILE WITH THE NEW JERSEY SPECIAL CIVIL PART?
To make a Special Civil motion for reconsideration of an interlocutory Special Civil judgment or Special Civil order, you should include everything that you would for a Special Civil motion for reconsideration of an interlocutory Special Civil judgment or Special Civil order except a statement of the specific basis on which the New Jersey Motion For Reconsideration Of A Special Civil judgment or Special Civil order is made, including a statement of the matters or controlling decisions which counsel believes the New Jersey Special Civil Part has overlooked or as to which it has erred.

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

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

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

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

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

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

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

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

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

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

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

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

ARE RESPONSES FILED TO THE NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL JUDGMENT OR SPECIAL CIVIL ORDER?
If they act in time, the parties opposing a New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order may file a written response to the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order. The order sought will be entered in the discretion of the Special Civil court unless the Special Civil attorney or Special Civil pro se party upon whom it has been served notifies the Special Civil clerk and the Special Civil attorney for the Special Civil moving party or the Special Civil pro se party in writing within ten (10) days after the date of service of the Special Civil reconsideration motion that the responding party objects to the entry of the Special Civil order. The written Special Civil response must be in the form of required by the New Jersey court rules (such as a Special Civil certification, Special Civil affidavit, authenticated exhibits (see R. 1:6-6) and a brief as necessary).

WHAT HAPPENS IF I MAKE A NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL JUDGMENT OR SPECIAL CIVIL ORDER AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL JUDGMENT OR SPECIAL CIVIL ORDER OR BEFORE ITS HEARING DATE THE PARTIES SETTLE THE NEW JERSEY SPECIAL CIVIL PART CASE?
Special Civil moving parties are permitted to withdraw a New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order from the New Jersey Special Civil Part before the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order is heard. If the Special Civil moving party decides to withdraw its New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order or they settle their Special Civil case, the Special Civil moving party must immediately inform the New Jersey Special Civil Part. This is best done by calling the Special Civil judge’s chambers for the Special Civil judge hearing the New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order and advising them of the decision, calling the Special Civil clerk’s office and advising them of the decision and writing a confirming letter to Special Civil court (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 FOR RECONSIDERATION OF A SPECIAL CIVIL JUDGMENT OR SPECIAL CIVIL ORDER?
Unless the New Jersey Special Civil Part otherwise orders, within 7 days after the date it was signed, the party obtaining a Special Civil order granting Reconsideration or entering Reconsideration shall serve it as required by the New Jersey Court Rules.

WHAT HAPPENS IF I MAKE AND LOSE A NEW JERSEY SPECIAL CIVIL PART MOTION FOR RECONSIDERATION OF A SPECIAL CIVIL JUDGMENT OR SPECIAL CIVIL ORDER?
If you oppose and lose a New Jersey Special Civil Part Motion For Reconsideration Of A Special Civil judgment or Special Civil order, unless otherwise ordered by the New Jersey Special Civil Part, the New Jersey Special Civil Part judgment or New Jersey Special Civil Part order you attempted to overturn shall remain on the New Jersey Special Civil Part’s records (in the case of a New Jersey Special Civil Part judgment - 20 years from the date of its entry and it can be renewed for another 20 years if the proper steps are taken before the New Jersey Special Civil Part judgment expires).

TAKING NEW JERSEY SPECIAL CIVIL PART APPEALS
If you disagree with your New Jersey Special Civil Part court’s decision and 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 Special Civil 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 Special Civil final judgments or Special Civil final orders. There may be exceptions to the information explained above; therefore, consult an attorney immediately!!!

WHY SHOULD SPECIAL CIVIL PRO SE PARTIES SEEK HELP FROM A SPECIAL CIVIL LAWYER?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent Special Civil lawyer!
Many Special Civil pro se parties make the mistake of not consulting a Special Civil lawyer before filing Special Civil papers only to later learn that the Special Civil pro se parties made serious mistakes that could cause them to lose their Special Civil case. New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law. Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil 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 RELY ON NEW JERSEY SMALL CLAIMS COURT PERSONNEL OR NEW JERSEY SPECIAL CIVIL COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil 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. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law.

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.





Website Builder