Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Small Claims Lawyer

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 write an email to Mr. DePetris at paul@newjerseylemon.com.

NEW JERSEY SMALL CLAIMS TRIAL ATTORNEY AVAILABLE TO TRY YOUR
NEW JERSEY SMALL CLAIMS TRIAL

IF YOUR NEW JERSEY SMALL CLAIMS TRIAL IS SCHEDULED, DON’T GO TO COURT UNREPRESENTED!
On the day that your New Jersey Small Claims case is scheduled for your New Jersey Small Claims trial, whether you are a plaintiff or a defendant, you must appear at New Jersey Small Claims court in the proper courtroom. On the date your New Jersey Small Claims case is scheduled for your New Jersey Small Claims trial, you must be fully prepared to try the case. There are many reasons you should avoid handling your New Jersey Small Claims Trial without the help of a New Jersey Small Claims lawyer, such as the following:

• New Jersey Small Claims 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 Small Claims court forms available on websites may not cover every situation you may face in court
• each New Jersey Small Claims case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey Small Claims plaintiffs or New Jersey Small Claims defendants to file inadequate or incorrect New Jersey Small Claims complaints that result in the New Jersey Small Claims complaints or answers to New Jersey Small Claims complaints being rejected by the New Jersey Small Claims or being dismissed by the New Jersey Small Claims after filing and before or after the New Jersey Small Claims 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 Small Claims case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Small Claims case out of court or limiting what they can present at the New Jersey Small Claims 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 Small Claims trial.
• it is very common for New Jersey Small Claims courts to refuse to allow a party to use or refer to documents or items at the New Jersey Small Claims trial that the person themselves never prepared. Often parties stumble into New Jersey Small Claims 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 New Jersey Small Claims. Also, if there are any legal issues to be dealt with at the New Jersey Small Claims 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 Small Claims expecting the judge hearing your New Jersey Small Claims case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Small Claims case. The judge hearing your New Jersey Small Claims case is not permitted to give you legal advice.

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

DON’T EXPECT NEW JERSEY SMALL CLAIMS COURT PERSONNEL TO TELL YOU WHAT TO DO!!!
New Jersey Small Claims court personnel are generally not allowed to give New Jersey Small Claims plaintiffs and New Jersey Small Claims defendants legal advice. New Jersey Small Claims court personnel are generally not allowed to tell you how to handle your New Jersey Small Claims case. Many New Jersey Small Claims court personnel are not New Jersey Small Claims lawyers or certified paralegals. Be careful to avoid relying on the advice of New Jersey Small Claims court personnel. Don’t expect a New Jersey Small Claims judge to be convinced if you argue that you relied on of New Jersey Small Claims court personnel when making certain decisions in your New Jersey Small Claims case!

PREPARE FOR YOUR NEW JERSEY SMALL CLAIMS TRIAL IMMEDIATELY!
New Jersey Small Claims trials usually occur fairly rapidly after a New Jersey Small Claims complaint is served and filed. Don’t wait until the day or week before New Jersey Small Claims trial to prepare for your New Jersey Small Claims trial! Far in advance of your New Jersey Small Claims trial, documents have to be requested collected, witnesses subpoenaed. It is not uncommon for a person to show up at a New Jersey Small Claims trial asking for an adjournment because they are not ready to try their New Jersey Small Claims case, with the New Jersey Small Claims judge refusing to grant the request! New Jersey Small Claims plaintiffs and New Jersey Small Claims defendants often appear at a New Jersey Small Claims trial unprepared only to learn the hard way that, very often, the key to winning a New Jersey Small Claims trial is careful preparation.

DON’T THINK THAT YOU ARE CERTAIN TO WIN YOUR NEW JERSEY SMALL CLAIMS CASE SIMPLY BY FILING NEW JERSEY SMALL CLAIMS PAPERS AND SHOWING UP AT YOUR NEW JERSEY SMALL CLAIMS TRIAL!!
Winning a New Jersey Small Claims case is not simply a matter of preparing and filing a complaint or answer and showing up at New Jersey Small Claims court. Many New Jersey Small Claims plaintiffs or New Jersey Small Claims defendants think that their proofs are certain to result in their winning their New Jersey Small Claims case. But most likely, you only know your side of the story of your New Jersey Small Claims case and you don’t know your New Jersey Small Claims opponent’s side of that story. To be prepared to try your New Jersey Small Claims case, you need to know your New Jersey Small Claims opponent’s side of your New Jersey Small Claims case. Otherwise, you may learn for the first time too late at the New Jersey Small Claims trial that you are not certain to win your New Jersey Small Claims case.

DON’T EXPECT THE NEW JERSEY SMALL CLAIMS COURT TO BE FAMILIAR WITH THE DETAILS OF YOUR NEW JERSEY SMALL CLAIMS CASE
New Jersey Small Claims is one of the busiest of all of the sections of the Superior Court of New Jersey. Don’t ever expect New Jersey Small Claims court personnel to be familiar with the details of your New Jersey Small Claims case. Usually, most New Jersey Small Claims court personnel never read your complaints, answers and motions. When dealing with New Jersey Small Claims court personnel, be prepared to explain those details of your New Jersey Small Claims case that are necessary for them to understand your New Jersey Small Claims case.

IF YOU EXPECT TO CALL WITNESSES AT YOUR NEW JERSEY SMALL CLAIMS TRIAL, MAKE SURE TO ISSUE SUBPOENAS FOR THEIR APPEARANCE
To make certain that a New Jersey Small Claims witness will appear to give testimony in your New Jersey Small Claims trial, prepare proper New Jersey Small Claims subpoenas and have them properly served on New Jersey Small Claims witness well in advance of your New Jersey Small Claims trial. Otherwise New Jersey Small Claims witness may not show up at your New Jersey Small Claims trial and you may be without crucial evidence to prove your New Jersey Small Claims case!

IF YOU WANT TO USE DOCUEMNTS AT YOUR NEW JERSEY SMALL CLAIMS TRIAL, BE PREPARED TO HAVE THE RIGHT PERSON PRESENT TO TESTIFY ABOUT THOSE DOCUMENTS
You cannot always use documents at your New Jersey Small Claims trial. Even affidavits are often unusable at a New Jersey Small Claims trial. Often, New Jersey Small Claimsies are prevented from using documents at their New Jersey Small Claims trials because they don’t have the right person to testify about the document’s authenticity/accuracy. You may need to call and subpoena New Jersey Small Claims witnesses to testify about the New Jersey Small Claims documents that you want to use at your New Jersey Small Claims trial!

WRITE OUT THE QUESTIONS YOU SHALL ASK AT YOUR NEW JERSEY SMALL CLAIMS TRIAL BEFORE IT STARTS
New Jersey Small Claims judges usually want you to be prepared to start your New Jersey Small Claims trial as soon as your New Jersey Small Claims case is called to be tried. New Jersey Small Claims judges don’t want to wait for you to decide what questions you will ask your witnesses during the New Jersey Small Claims trial. How you ask your questions during your New Jersey Small Claims trial could affect whether you win your New Jersey Small Claims case. Take the time to prepare your New Jersey Small Claims direct examination and New Jersey Small Claims cross examination in advance of your New Jersey Small Claims trial.

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 Special Civil 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 SPECIAL CIVIL CASE?
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!
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 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 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
• 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 Special Civil 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 Special Civil Cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled Special Civil 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 Special Civil 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.

2013 NEW JERSEY SPECIAL CIVIL PART TRIAL RULES
The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the laws contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with a New Jersey Small Claims attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.
RULE 6:5. Trials
6:5-1. Applicability of Part IV Rules; Sanctions
R. 4:37 (dismissal of actions), R. 4:38 (consolidation), R. 4:39 (verdicts) and R. 4:40 (motion for judgment) are applicable to the Special Civil Part. The court may order a party whose complaint is dismissed pursuant to R. 1:2-4 or R. 4:37-1(b) for failure to appear for your New Jersey Small Claims trial or who seeks to refile such a complaint pursuant to R. 4:37-4 to pay to the aggrieved party costs, reasonable attorney's fees and expenses related to the dismissed action.
Note: Source --1969 Revision; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July 12, 2002 to be effective September 3, 2002; amended July 9, 2008 to be effective September 1, 2008.
6:5-2. Notice of Trial; Assignment for your New Jersey Small Claims trial
 (a) Notice by Clerk. Except for summary actions brought under R. 6:2-1, the clerk shall inform the parties or their attorneys of the trial date at least 30 days before trial. For good cause shown, the court may order a longer or shorter notice in any action.
 (b) Landlord and Tenant Actions. Summary actions between landlord and tenant shall be placed on a separate list on the calendar and shall be heard on the return day unless adjourned by the court, or by consent with the approval of the court. At the beginning of the calendar call and again at the end of the calendar call for latecomers, the judge presiding at the call shall provide instructions substantially conforming with the announcement contained in Appendix XI-S to these rules. Written copies of that announcement also shall be available to litigants in the courtroom. A videotape, prepared either by the Administrative Office of the Courts or by the vicinage, may be used for the second reading when the judge deems its use necessary. In those counties having a significant Spanish-speaking population, the announcement also shall be given in Spanish both orally and in writing; the oral presentation may be given by videotape or other audio-visual device or by the judge presiding at the call.
 (c) Assignment to Particular Judge; Common Issues. If common issues of law or fact are involved in 2 or more actions pending in the Special Civil Part, all such actions shall be assigned for hearing or trial to the same judge. If issues previously determined are involved in a subsequent action, such subsequent action shall be assigned for hearing or trial to the same judge who previously determined such issues unless otherwise ordered by the Assignment Judge or designee.
 (d) Avoidance of Multiple Appearances. Multiple appearances in cases that have been scheduled for your New Jersey Small Claims trial shall be avoided and, consistent with R. 1:40-7, cases should be disposed of on the trial date by a complementary dispute resolution event, trial, dismissal, or entry of default (with a proof hearing if requested).
Note: Source-R.R. 7:7-3, 7:7-4, 7:7-11, 7:7-12; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; amended July 17, 1975 to be effective September 8, 1975; paragraph (c) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) caption and text amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 18, 2001 to be effective November 1, 2001; paragraph (a) caption and text amended and new paragraph (d) added July 12, 2002 to be effective September 3, 2002.
6:5-3. Trial by Jury
 (a) How Demanded. In actions commenced in the Special Civil Part a written demand for your New Jersey Small Claims trial by jury shall be filed with the clerk at the principal location of the court and served upon opposing parties not later than 10 days after the time provided for the defendant to answer; or in the case of a counterclaim the plaintiff may make such demand not later than 10 days after the time provided for the service of a defensive pleading to the counterclaim. In actions in the Small Claims Section the demand may be filed and served by the defendant and the fee paid at least five days before the return day of the summons, whereupon the clerk shall transfer the action to the Special Civil Part.
 (b) Waiver. A trial by jury shall be deemed to be waived unless a demand therefor has been filed in the time and manner herein provided and unless the party demanding the same has, at the time of making such demand, paid the required fee therefor. Trial by jury shall also be deemed to be waived in actions in which a judgment is entered prior to a demand therefor.
 (c) On Court's Order. The court may, in its discretion, order a trial by jury at the plaintiff's expense, to be taxed in the costs of the action notwithstanding the failure of all parties to have made demand therefor.
 (d) Mode of Trial. If a jury is demanded and the demand is not withdrawn by consent, or if trial by jury is ordered by the court, the action shall be tried by jury.
 (e) Consolidated Actions. Where 2 or more actions are consolidated for your New Jersey Small Claims trial, there need be only one demand for jury and only one jury fee shall be required.
Note: Source-R.R. 7:8-2(a) (c) (d) (e) (f) (g) (h). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended November 7, 1988 to be effective January 2, 1989.
RULE 6:6. Judgment
6:6-1. Applicability of Part IV Rules
R. 4:42 (insofar as applicable), R. 4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the Special Civil Part, except that the requirements of a statement of material facts and a responding statement contained in R. 4:46-2(a) and (b) shall not apply.
Note: Source-R.R. 7:9-5, 7:9-6 (third sentence), 7:10-1, 7:10-2, 7:12-1, 7:12-2, 7:12-3, 7:12-4. Amended by order of September 5, 1969 effective September 8, 1969; amended November 7, 1988 to be effective January 2, 1989; amended July 5, 2000 to be effective September 5, 2000.
6:6-2. Entry of Default and Automatic Vacation Thereof
When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for your New Jersey Small Claims trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default. A party against whom a default has been entered for failure to plead or enter an appearance may have same automatically removed by the clerk provided there is filed with the clerk within 30 days of its entry a written application with the consent of the adversary endorsed thereon consenting to the vacation of the default, which application shall have annexed thereto the answer or other responsive pleading of the party in default.
Note: Source-R.R. 7:9-1; caption and text amended November 2, 1987 to be effective January 1, 1988; amended July 13, 1994 to be effective September 1, 1994.
6:6-3. Judgment by Default
 (a) Entry by the Clerk; Judgment for Money.
If the plaintiff’s claim against a defendant is for a sum certain or for a sum that can by computation be made certain, the clerk on request of the plaintiff and on affidavit setting forth a particular statement of the items of the claim, the amounts and dates, the calculated amount of interest, the payments or credits, if any, the net amount due, and the name of the original creditor if the claim was acquired by assignment, shall enter judgment for the net amount and costs against the defendant, if a default has been entered against the defendant for failure to appear and the defendant is not a minor or mentally incapacitated person. If prejudgment interest is demanded in the complaint the clerk shall add that interest to the amount due provided the affidavit of proof states the date of defendant’s breach and the amount of such interest. If the judgment is based on a document of obligation that provides a rate of interest, prejudgment interest shall be calculated in accordance therewith; otherwise it shall be calculated in accordance with R. 4:42-11(a). If a statute provides for a maximum fixed amount as a New Jersey Small Claims attorney fee, contractual or otherwise, and if the amount of the fee sought is specified in the complaint, the clerk shall add it to the amount due, provided that in lieu of the affidavit of services prescribed by R. 4:42-9(b) the attorney files a certification that sets forth the amount of the fee sought, how the amount was calculated, and specifies the statutory provision and, where applicable, the contractual provision that provides for the fixed amount. If the claim is founded on a note, contract, check, or bill of exchange or is evidenced by entries in the plaintiff’s book of account, or other records, a copy thereof shall be attached to the affidavit. The clerk may require for inspection the originals of such documents. The affidavit shall contain or be supported by a separate affidavit containing a statement, by or on behalf of the applicant for a default judgment, that sets forth the source of the address used for service of the summons and complaint. The affidavit prescribed by this Rule shall be sworn to not more than 30 days prior to its presentation to the clerk and, if not made by plaintiff, shall show that the affiant is authorized to make it.
 In any action to collect an assigned claim, plaintiff/creditor shall submit a separate affidavit certifying with specificity the name of the original creditor, the last four digits of the original account number of the debt, the last four digits of the defendant-debtor’s Social Security Number (if known), the current owner of the debt, and the full chain of the assignment of the claim, if the action is not filed by the original creditor.
 If plaintiff’s records are maintained electronically and the claim is founded on an open-end credit plan, as defined in 15 U.S.C. §1602(i) and 12 C.F.R. §226.2(a)(20), a copy of the periodic statement for the last billing cycle, as prescribed by 15 U.S.C. §1637(b) and 12 C.F.R. §226.7, or a computer-generated report setting forth the previous balance, identification of transactions and credits, if any, periodic rates, balance on which the finance charge is computed, the amount of the finance charge, the annual percentage rate, other charges, if any, the closing date of the billing cycle, and the new balance, if attached to the affidavit, shall be sufficient to support the entry of judgment.
 (b) Entry by the Clerk; Judgment for Possession. In summary actions between landlord and tenant for the recovery of premises, judgment for possession may be entered by the clerk on affidavit if the defendant fails to appear, plead or otherwise defend, and is not a minor or mentally incapacitated person, except where the landlord acquired title from the tenant or has given the tenant an option to purchase the property. The affidavit must state the facts establishing the jurisdictional good cause for eviction required by the applicable statute and that the charges and fees claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the landlord is not represented by a New Jersey Small Claims attorney, the affidavit must state that the landlord is not a corporation or other business entity precluded from appearing pro se by R. 6:10. If the landlord is represented by a New Jersey Small Claims attorney, that attorney must also submit a certification that the charges and fees claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law. If the basis for eviction requires service of a notice to quit, the landlord's affidavit must have a copy of all required notices attached, and the affidavit must state that the notices were served as required by law and that the facts alleged in the notices are true.
If the landlord fails to obtain or make written application for the entry of a judgment for possession within 30 days after the entry of default, such judgment shall not be entered thereafter except on application to the court and written notice to the tenant served at least seven days prior thereto by simultaneously mailing same by both certified and ordinary mail or in the manner prescribed for service of process in landlord/tenant actions by R. 6:2-3(b); provided, however, that the 30-day period may be extended by court order or written agreement executed by the parties subsequent to the entry of default and filed with the clerk.
 (c) Entry by the Court; Particular Actions. In all actions to which paragraphs (a) or (b) do not apply, the party entitled to a judgment by default shall apply to the court therefor. No judgment by default shall be entered against a minor or mentally incapacitated person without 5 days' written notice to the guardian or a guardian ad litem appointed for the minor or mentally incapacitated person; nor against any other party without written notice to that party, if the court, in the interest of justice, orders such notice. When a landlord acquired title from the defendant or has given the tenant an option to purchase the property, a judgment for possession by default shall not be entered without proof in open court. If application is made for the entry of judgment by default in deficiency suits or claims based directly or indirectly on the sale of a chattel that has been repossessed peaceably or by legal process, the plaintiff shall prove entitlement to a judgment by affidavit containing a description of the property, the amount realized at the sale or credited to the defendant, the costs of sale and such other proof as required by law. If the plaintiff's claim is for an unliquidated sum that the court finds is susceptible of proof through personal knowledge (as opposed to opinion or expert testimony), it shall enter judgment by default against a defendant either upon oral testimony in open court or upon affidavit containing the qualifications of the affiant and the information that would be required in the case of oral proof. In all negligence actions involving damage to property, proof of negligence of the defendant shall be by affidavit of the person with knowledge of the negligence of the defendant. In automobile negligence actions and insurance subrogation cases proof of the property damage shall be given by an affidavit of an automobile mechanic or an insurance adjuster or appraiser setting forth the affiant's occupation and business address; if employed, the name of the employer and the affiant's position; the date of inspection of the property involved and, if a vehicle, specifying its make or model, its condition at that time, and its mileage if available; the repairs actually made and the estimated cost thereof; a statement that the repairs were necessary and the charges therefor reasonable; and the amount actually paid for repairs, if completed. The plaintiff may request or the court, after review of the affidavits submitted in accordance with this rule, may require oral testimony in open court.
 (d) Time for Entry. If a party entitled to a judgment by default fails to apply therefor within 6 months after entry of default, judgment shall not be entered except on motion to the court and all applicable proofs required under 6:6-3(a) through (c) shall be attached to the moving papers.
 (e) Notice of Entry. At the time a default judgment is entered, the clerk shall notify the judgment-creditor or judgment-creditor's attorney of the effective date and amount of the judgment. Upon receipt of the notice, the judgment-creditor shall notify the judgment-debtor within 7 days by ordinary mail of the effective date and amount of the judgment.
Note: Source — R.R. 7:9-2(a) (b), 7:9-4. Paragraphs (a) and (d) amended June 29, 1973 to be effective September 10, 1973; paragraph (c) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraphs (a), (b) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b), and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 18, 2001 to be effective November 1, 2001; paragraphs (a), (b), and (c) amended, and new paragraph (e) added July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (d) amended July 28, 2004 to be effective September 1, 2004; paragraph (b) amended July 27, 2006 to be effective September 1, 2006; paragraph (d) amended July 9, 2008 to be effective September 1, 2008; paragraph (a) amended July 19, 2012 to be effective September 4, 2012.
6:6-4. Consent Judgments for Possession and Stipulations of Settlement
Notwithstanding any consent by a tenant, no warrant of removal may be issued or executed unless in compliance with all provisions of law.
 (a) Entry by the Court. A stipulation of settlement or an agreement that provides for entry of a judgment for possession must be written, signed by the parties, and presented to a judge for approval on the day of trial or as the judge otherwise directs, but if it requires the tenant to both pay rent and vacate the premises, the judge shall review it in open court. It must also be accompanied by the affidavit of the landlord and the certification of the landlord's attorney required by R. 6:6-3(b).
 (b) Entry by the Clerk. When the tenant is represented by a New Jersey Small Claims attorney and the attorney has signed the agreement, the clerk may enter judgment for possession upon receipt of the signed consent of the parties and the affidavit of the landlord and the certification of the landlord's attorney specified in R. 6:6-3(b).
Note: Adopted July 18, 2001 to be effective November 1, 2001.
6:6-5. Judgment After Trial; Costs
Upon receipt of the verdict of a jury, or upon determination by a judge sitting without a jury, the clerk shall note the judgment on the jacket and it shall take effect forthwith. The clerk shall thereupon enter the judgment and tax the costs.
Note: Source-R.R. 7:9-6 (first two sentences), as Rule 6:6-4; redesignated as Rule 6:6-5 July 18, 2001 to be effective November 1, 2001.
6:6-6. Post-Judgment Levy Exemption Claims and Applications for Relief in Tenancy Actions
 (a) Generally. Rules 4:52-1 and 4:52-2 shall apply to post-judgment applications for relief in tenancy actions and to claims of exemption from levy in other actions in the Special Civil Part, except that the filing of briefs shall not be required.
 (b) Orders for Orderly Removal. An order for post-judgment relief, applied for on notice to a landlord pursuant to paragraph (a) of this rule, need not have a return date if the sole relief is a stay of execution of a warrant of removal for seven calendar days or less, but it shall provide that the landlord may move for the dissolution or modification of the stay on two days' notice to the tenant or such other notice as the court sets in the order.
 (c) Orders to Release Levies on Exempt Funds. An order to release a levy on funds because they are exempt from execution, levy or attachment under New Jersey law or federal law shall require the third-party garnishee to refund to the judgment-debtor all fees incurred as a result of the levy. However, if the court determines that the judgment-creditor at whose instance the levy was made knew or should have known that the funds were exempt from execution, levy or attachment, the order can require that party to reimburse the judgment-debtor for such fees.
 (d) Forms. Forms for applications for post-judgment relief in tenancy actions and claims of exemption from levy in other actions shall be available to litigants in the clerk's office.
Note: Adopted July 12, 2002 to be effective September 3, 2002; caption and paragraphs (a), (b), and (c) amended July 27, 2006 to be effective September 1, 2006; former paragraph (c) redesignated as paragraph (d) and new paragraph (c) adopted July 19, 2012 to be effective September 4, 2012.
6:6-7. Issuance by Clerk of Certificate of Satisfaction of Judgment
In cases where a judgment debtor has fully satisfied a judgment, but the clerk has not entered satisfaction on the record pursuant to R. 4:48-2(a) because either the party receiving full satisfaction has not given a warrant for satisfaction or no execution issued on the judgment has been returned fully paid, the judgment debtor may make written application to the clerk for the issuance of a certificate of satisfaction of judgment. Upon receipt of such written application along with proof of payment, the clerk shall send to the attorney for the judgment creditor or the judgment creditor, if pro se, a letter setting forth that the judgment debtor has filed a written application seeking the issuance of a certificate of satisfaction of judgment and that said certificate will be issued within 10 days, unless written objection is received by the clerk with a copy sent to the judgment debtor. The letter sent by the clerk shall include a copy of the written application and proof of payment filed by the judgment debtor. If no objection is received within 10 days from the date of the letter, the clerk shall issue the certificate of satisfaction of judgment to the judgment debtor and enter satisfaction on the record. If an objection is received, the clerk shall set the matter down for a hearing and notify all parties as to the date of the hearing.
Note: Adopted as Rule 6:6-5 November 7, 1988 to be effective January 2, 1989; redesignated as Rule 6:6-6 July 18, 2001 to be effective November 1, 2001; redesignated as Rule 6:6-7 July 12, 2002 to be effective September 3, 2002.
RULE 1:7. General Provisions For your New Jersey Small Claims trials
1:7-1. Opening and Closing Statement
 (a) Opening Statement. Before any evidence is offered at trial, the State in a criminal action or the plaintiff in a civil action, unless otherwise provided in the pretrial order, shall make an opening statement. A defendant who chooses to make an opening statement shall do so immediately thereafter.
 (b) Closing Statement. After the close of the evidence and except as may be otherwise ordered by the court, the parties may make closing statements in the reverse order of opening statements. In civil cases any party may suggest to the trier of fact, with respect to any element of damages, that unliquidated damages be calculated on a time-unit basis without reference to a specific sum. In the event such comments are made to a jury, the judge shall instruct the jury that they are argument only and do not constitute evidence.
Note: Source - R.R. 3:7-3, 4:44-1, 7:8-4; former rule redesignated as paragraph (a), paragraph (b) adopted and caption amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b) amended July 27, 2006 to be effective September 1, 2006.
1:7-2. Objections
For the purpose of reserving questions for review or appeal relating to rulings or orders of the court or instructions to the jury, a party, at the time the ruling or order is made or sought, shall make known to the court specifically the action which the party desires the court to take or the party's objection to the action taken and the grounds therefor. Except as otherwise provided by R. 1:7-5 and R. 2:10-2 (plain error), no party may urge as error any portion of the charge to the jury or omissions therefrom unless objections are made thereto before the jury retires to consider its verdict, but opportunity shall be given to make the objection in open court, in the absence of the jury. A party shall only be prejudiced by the absence of an objection if there was an opportunity to object to a ruling, order or charge.
Note: Source-R.R. 3:7-7(b), 3:7-8, 4:47, 4:52-1 (third and fourth sentences); amended July 13, 1994 to be effective September 1, 1994.
1:7-3. Record of Excluded Evidence
If an objection to a question propounded to a New Jersey Small Claims witness is sustained by the court, the examining attorney may, out of the hearing of the jury (if there is a jury), make a specific offer of what is expected to be proved by the answer of New Jersey Small Claims witness, and the court may add such other and further statement as clearly shows the character of the evidence, the form in which it was offered, and the ruling thereon. In actions tried without a jury the court shall upon request permit the evidence and any cross-examination relating thereto or evidence in rebuttal thereof to be taken down by the court reporter in full, or otherwise preserved, unless it clearly appears to the court that the evidence is not admissible on any ground or that New Jersey Small Claims witness is privileged or unless the interest of justice otherwise requires. In actions tried with a jury the court may, in its discretion and in the absence of the jury, permit such taking and preservation of the excluded evidence.
Note: Source-R.R. 4:44-3; amended July 13, 1994 to be effective September 1, 1994.
1:7-4. Findings by the Court in Non-jury Trials and on Motions
 (a) Required Findings. The court shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon in all actions tried without a jury, on every motion decided by a written order that is appealable as of right, and also as required by R. 3:29 The court shall thereupon enter or direct the entry of the appropriate judgment.
 (b) Motion for Amendment. On motion made not later than 20 days after service of the final order or judgment upon all parties by the party obtaining it, the court may grant a rehearing or may, on the papers submitted, amend or add to its findings and may amend the final order or judgment accordingly, but the failure of a party to make such motion or to object to the findings shall not preclude that party's right thereafter to question the sufficiency of the evidence to support the findings. The motion to amend the findings, which may be made with a motion for a new trial, shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions that counsel believes the court has overlooked or on which it has erred. Motions for reconsideration of interlocutory orders shall be determined pursuant to R. 4:42-2.
Note: Source-R.R. 3:7-1(c), 4:53-1, 4:53-2, 8:7-2(c); caption and text amended November 1, 1985 to be effective January 2, 1986; caption and text amended November 5, 1986 to be effective January 1, 1987; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July 14, 1992 to be effective September 1, 1992; amended and paragraphs (a) and (b) designated July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000.
1:7-5. Trial Errors
Any error or omission which does not prejudice a substantial right shall be disregarded by the trial court before, during and after trial. The trial court, however, at every stage of the action, including a timely application after trial, may notice any error of such a nature as to have been clearly capable of producing an unjust result, even though such error was not brought to its attention by a party.
Note: Source-R.R. 4:63-1, 4:63-2.
1:7-6. Non-public Business Records
Where the original of a non-public business record has been produced at trial and a clear copy thereof is certified and offered to the court, the court, except for good cause shown, shall permit the copy to be marked into evidence and the original to be returned to its custodian. The parties may stipulate in advance as to the admissibility of such copy.
Note: Adopted November 27, 1974 to be effective April 1, 1975.
RULE 1:8. Jury
 (a) Criminal Actions. Criminal actions required to be tried by a jury shall be so tried unless the defendant, in writing and with the approval of the court, after notice to the prosecuting attorney and an opportunity to be heard, waives a jury trial. In sentencing proceedings conducted pursuant to N.J.S.A. 2C:11-3(c)(1), the consent of prosecutor shall be required for such waiver.
 (b) Civil Actions. Issues in civil actions triable of right by a jury shall be so tried only if a jury trial is demanded by a party in accordance with R. 4:35-1 or R. 6:5-3, as applicable, and is not thereafter waived. If a jury of twelve is requested, that request shall be included in the jury demand.
Note: Source-R.R. 3:7-1(a), 4:40-3; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; captions added to paragraphs (a) and (b) and paragraph (b) amended July 10, 1998 to be effective September 1, 1998.
1:8-2. Number of Jurors
 (a) Number Deliberating in Criminal Actions. A deliberating jury in a criminal action shall consist of 12 persons, but at any time before verdict the parties may stipulate that the jury shall consist of any number less than 12 except in the trials of crimes punishable by death. Such stipulations shall be in writing and with the approval of the court.
 (b) Number Deliberating in Civil Actions. A deliberating jury in a civil action shall consist of six persons unless:
• (1) for good cause shown the court orders a jury of 12 persons pursuant to a demand made in accordance with R. 1:8-1(b); or
• (2) fewer than six jurors remain prior to commencement of deliberations and the parties then agree on the record to submit the case to the remaining jurors; or
• (3) more than six jurors remain prior to the commencement of deliberations and the parties then agree on the record that all remaining jurors shall deliberate.
 (c) Verdict in Civil Actions.
• (1) Unless the parties have agreed on the record prior to commencement of deliberations to accept a verdict or finding by a lesser number, the verdict or finding shall be by agreement of five jurors when six jurors deliberate, and by 10 jurors when 12 jurors deliberate.
• (2) If the parties have agreed on the record to submit the case to fewer than six jurors, pursuant to paragraph (b)(2) of this rule, the verdict or finding shall be unanimous, unless the parties have also agreed on the record prior to commencement of deliberations to a verdict or finding by a lesser number.
• (3) If the parties have agreed on the record to more than six jurors pursuant to paragraph (b)(3) of this rule, the verdict or finding shall be by agreement of five-sixths of the deliberating jurors, unless the parties have otherwise agreed on the record prior to commencement of deliberations.
 (d) Alternate Jurors; Civil and Criminal Actions.
• (1) All Actions. The court in its discretion may direct the impanelling of a jury of such number as it deems necessary to ensure that a sufficient number of jurors will remain to deliberate. If a juror is excused after being sworn but before opening statements begin, another juror may be impanelled and sworn, but no juror may be empaneled and sworn thereafter. All the jurors shall sit and hear the case, but the court for good cause shown may excuse any of them from service provided the number of jurors is not reduced to less than 12 or 6 as the case may be or such other number as may be stipulated to. If more than such number are left on the jury at the conclusion of the court's charge, the clerk of the court in the jury's presence shall randomly draw such number of names as will reduce the jury to the number required to determine the issues. Following the drawing of the names of jurors to determine the issues, the court may in its discretion order that the alternate jurors not be discharged, in which event the alternate jurors shall be sequestered apart from the other jurors and shall be subject to the same orders and instructions of the court, with respect to sequestration and other matters, as the other jurors. If the alternate jurors are not discharged and if at any time after submission of the case to the jury, a juror dies or is discharged by the court because of illness or other inability to continue, the court may direct the clerk to draw the name of an alternate juror to take the place of the juror who is deceased or discharged. When such a substitution of an alternate juror is made, the court shall instruct the jury to recommence deliberations and shall give the jury such other supplemental instructions as may be appropriate.
• (2) Civil Actions. In civil actions, instead of selecting alternate jurors, the parties may agree on the record, pursuant to paragraph (b)(3) of this rule, that all remaining jurors shall deliberate and that the verdict or finding shall be returned by such number as is provided by paragraph (c)(3) of this rule.
Note: Source-R.R. 3:7-1(b), 3:7-2(d), 4:48-2, 4:49-1(a)(b). Amended July 7, 1971 to be effective September 13, 1971; paragraph (d) amended July 14, 1972 to be effective September 5, 1972; paragraph (d) amended June 29, 1973 to be effective September 10, 1973; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraph (d) amended July 29, 1977 to be effective September 6, 1977; paragraph (d) amended July 21, 1980 to be effective September 8, 1980; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (d) amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998.
1:8-3. Examination of Jurors; Challenges
 (a) Examination of Jurors. For the purpose of determining whether a challenge should be interposed, the court shall interrogate the prospective jurors in the box after the required number are drawn without placing them under oath. The parties or their attorneys may supplement the court's interrogation in its discretion. At trials of crimes punishable by death, the examination shall be made of each juror individually, as his name is drawn, and under oath.
 (b) Challenges in the Array; Challenges for Cause. Any party may challenge the array in writing on the ground that the jurors were not selected, drawn or summoned according to law. A challenge to the array shall be decided before any individual juror is examined. A challenge to any individual juror which by law is ground of challenge for cause must be made before the juror is sworn to try the case, but the court for good cause may permit it to be made after the juror is sworn but before any evidence is presented. All challenges shall be tried by the court.
 (c) Peremptory Challenges in Civil Actions. In civil actions each party shall be entitled to 6 peremptory challenges. Parties represented by the same attorney shall be deemed 1 party for the purposes of this rule. Where, however, multiple parties having a substantial identity of interest in one or more issues are represented by different attorneys, the trial court in its discretion may, on application of counsel prior to the selection of the jury, accord the adverse party such additional number of peremptory challenges as it deems appropriate in order to avoid unfairness to the adverse party.
 (d) Peremptory Challenges in Criminal Actions. Upon indictment for kidnapping, murder, aggravated manslaughter, manslaughter, aggravated assault, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, aggravated arson, arson, burglary, robbery, forgery if it constitutes a crime of the third degree as defined by N.J.S.A. 2C:21-1b, or perjury, the defendant shall be entitled to 20 peremptory challenges if tried alone and to 10 such challenges when tried jointly; and the State shall have 12 peremptory challenges if the defendant is tried alone and 6 peremptory challenges for each 10 afforded defendants when tried jointly. In other criminal actions each defendant shall be entitled to 10 peremptory challenges and the State shall have 10 peremptory challenges for each 10 challenges afforded defendants. The trial judge shall have the discretionary authority to increase proportionally the number of peremptory challenges available to the defendant and the State in any case in which the sentencing procedure set forth in subsection c. of N.J.S. 2C:11-3 might be utilized. When the case is to be tried by a foreign jury, each defendant shall be entitled to 5 peremptory challenges, and the State 5 peremptory challenges for each 5 peremptory challenges afforded defendants.
 (e) Order of Exercising of Peremptory Challenges.
• (1) In any case in which each side is entitled to an equal number of challenges, those challenges shall alternate one by one, with the State in a criminal case and the plaintiff in a civil case exercising the first challenge.
• (2) In any case in which there is more than one defendant and/or an uneven number of peremptory challenges, the court shall establish the order of challenge, which shall be set forth on the record prior to the commencement of the jury selection process.
• (3) The passing of a peremptory challenge by any party shall not constitute a waiver of the right thereafter to exercise the same against any juror, unless all parties pass successive challenges.
 (f) Conference Before Examination. Prior to the examination of the prospective jurors, the court shall hold a conference on the record to determine the areas of inquiry during voir dire. Attorneys shall submit proposed voir dire questions in writing in advance. If requested, the court shall determine whether the attorneys may participate in the questioning of the prospective jurors and, if so, to what extent. During the course of the questioning, additional questions of prospective jurors may be requested and asked as appropriate under the circumstances. The judge shall rule on the record on the proposed voir dire questions and on any requested attorney participation.
Note: Source - R.R. 3:7-2(b)(c), 4:48-1, 4:48-3. Paragraphs (c) and (d) amended July 7, 1971 to be effective September 13, 1971; paragraph (d) amended July 21, 1980 to be effective September 8, 1980; paragraph (a) amended September 28, 1982 to be effective immediately; paragraph (d) amended July 22, 1983 to be effective September 12, 1983; paragraph (d) amended July 26, 1984 to be effective September 10, 1984; paragraph (d) amended November 5, 1986 to be effective January 1, 1987; paragraph (c) amended November 7, 1988 to be effective January 2, 1989; paragraph (e) added July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (f) added July 5, 2000 to be effective September 5, 2000; paragraph (f) amended July 27, 2006 to be effective September 1, 2006.
1:8-4. Foreperson
Juror number one shall be the foreperson; but if that juror is thereafter selected as an alternate juror or otherwise discharged, then the juror next drawn on the impanelling of a jury, who remains on the jury for the determination of the issues, shall be the foreperson.
Note: Source-R.R. 3:7-2(e), 4:48-2 (last phrase). Amended July 7, 1971 to be effective September 13, 1971, former rule deleted and new rule adopted June 29, 1973 to be effective September 10, 1973; caption and text amended June 29, 1990 to be effective September 4, 1990.
1:8-5. Availability of Petit Jury List
The list of the general panel of petit jurors shall be made available by the clerk of the court to any party requesting the same at least ten days prior to the date fixed for your New Jersey Small Claims trial. In cases where the death penalty may be imposed, the list shall be made available to any party requesting it at least twenty days prior to the date fixed for your New Jersey Small Claims trial.
Note: Source-R.R. 3:7-2(a). Amended July 16, 1979 to be effective September 10, 1979; amended September 28, 1982 to be effective immediately.
1:8-6. Sequestration of Juries
 (a) Prior to Instructing of Jury. The jury shall not be sequestered in any action, civil or criminal, prior to the instructing of the jury by the court, unless the court, in its discretion so orders on its finding that there are extraordinary circumstances requiring sequestration for the protection of the jurors or in the interests of justice.
 (b) Following Instructing of Jury. Following the instructing of the jury by the court and during the course of deliberations, the court may, in its discretion, in both civil and criminal actions, permit the dispersal of the jury for the night, for meals, and during other authorized intermissions in the deliberations.
Note: Source-R.R. 3:7-2(f). Amended July 14, 1972 to be effective September 5, 1972.
1:8-7. Requests to Charge the Jury
 (a) Generally. Either within the time provided by R. 4:25-7 or thereafter but before the close of the evidence, as to issues not anticipated prior to trial, any party may submit written requests that the court instruct the jury on the law as set forth in the requests. The requests shall make specific reference to the Model Civil Jury Charges, if applicable, or to applicable law. Copies of the requests shall be furnished all parties at the time they are submitted to the court. The court shall, on the record, rule on the requests prior to closing arguments to the jury. A verbatim record shall be made of any charge conference the court holds. Objections to the instructions to the jury shall be in accordance with R. 1:7-2.
 (b) In Criminal Cases. Prior to closing arguments, the court shall hold a charge conference on the record in all criminal cases. At the conference the court shall advise counsel of the offenses, defenses and other legal issues to be charged and shall rule on requests made by counsel.
Note: Source-R.R. 3:7-7(a), 4:52-1 (first and second sentences); amended July 21, 1980 to be effective September 8, 1980; paragraph (a) caption and new paragraph (b) added July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000.
1:8-8. Materials to be Submitted to the Jury; Note-taking; Juror Questions
 (a) Materials. The jury may take into the jury room the exhibits received in evidence, and if the court so directs in a civil action, a list of the claims made by the parties and of the defenses to such claims, a list of the various items of damage upon which proof was submitted at the trial and a list of the verdicts that may be properly found by the jury. Any such list may be prepared by a New Jersey Small Claims attorney or the court, but before delivery to the jury, it shall be submitted to all parties. The court, in its discretion, may submit a copy of its instructions to the jury for its consideration in the jury room. In civil cases, the court may consider the following factors in exercising its discretion to provide a copy of its instructions to the jury: (1) the track to which the case is assigned; (2) a request of one or more parties for submission of written instructions to the jury; (3) the length of the trial; (4) the complexity of the issues and charge; (5) whether the parties timely submitted a proposed charge to the court; (6) whether providing written instructions would unreasonably delay the proceedings; and (7) any other factor based upon the circumstances of the case. The court may also, in its discretion and at such time and in such format as it shall determine, permit the submission to the jury of individual copies of any exhibit provided an appropriate request to employ that technique was made prior to trial on notice to all parties and provided further that the court finds that no party will be unduly prejudiced by the procedure.
 (b) Juror Note-taking. Prior to opening statements, the attorneys or any party may request that the jury be permitted to take notes during the trial or portion thereof, including opening and closing statements. If the court determines to permit note-taking after all parties have had an opportunity to be heard, it shall provide the jurors with note-taking materials and shall take such steps as will ensure the security and confidentiality of each juror's notes.
 (c) Juror Questions. Prior to the commencement of the voir dire of prospective jurors in a civil action, the court shall determine whether to allow jurors to propose questions to be asked of New Jersey Small Claims witnesses. The court shall make its determination after the parties have been given an opportunity to address the issue, but they need not consent. If the court determines to permit jurors to submit proposed questions, it shall explain to the jury in its opening remarks that subject to the rules of evidence and the court's discretion, questions by the jurors will be allowed for the purpose of clarifying the testimony of a New Jersey Small Claims witness. The jurors' questions shall be submitted to the court in writing at the conclusion of the testimony of each witness and before New Jersey Small Claims witness is excused. The court, with counsel, shall review the questions out of the presence of the jury. Counsel shall state on the record any objections they may have, and the court shall rule on the permissibility of each question. New Jersey Small Claims witness shall then be recalled, and the court shall ask New Jersey Small Claims witness those questions ruled permissible. Counsel shall, on request, be permitted to reopen direct and cross-examination to respond to the jurors' questions and New Jersey Small Claims witness's answers. A New Jersey Small Claims witness who has been excused shall not be recalled to respond to juror questions unless all counsel and the court agree or unless the court otherwise orders for good cause shown.
Note: Source – R.R. 4:52-2; caption and text amended July 15, 1982 to be effective September 13, 1982; amended and paragraphs (a) and (b) designated July 10, 1998 to be effective September 1, 1998; new paragraph (c) added July 12, 2002 to be effective September 3, 2002; caption amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended July 19, 2012 to be effective September 4, 2012.
1:8-9. Return of Verdict
In every trial by jury the verdict shall be returned by the jury to the judge in open court. The verdict shall be unanimous in all criminal actions and shall be rendered in civil actions by the number required by R. 1:8-2(c).
Note: Source-R.R. 3:7-9(a), 4:40-4, 7:8-6; amended July 10, 1998 to be effective September 1, 1998.
1:8-10. Polling of Jury
Before the verdict is recorded, the jury shall be polled at the request of any party or upon the court's motion, and it shall be polled in every civil action if the verdict is not unanimous. If the poll discloses that there is not unanimous concurrence in a criminal action or concurrence by the number required by R. 1:8-2(c) in a civil action, the jury may be directed to retire for further deliberations or discharged.
Note: Source-R.R. 3:7B9(d), 4:49B2; amended July 10, 1998 to be effective September 1, 1998.
RULE 1:9. Subpoenas
1:9-1. For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena
A subpoena may be issued by the clerk of the court or by a New Jersey Small Claims attorney or party in the name of the clerk or as provided by R. R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If New Jersey Small Claims witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena.
Note: Source-R.R. 3:5-10(a)(b), 4:46-1, 6:3-7(a), 7:4-3 (second paragraph), 8:4-9(a)(b); caption and text amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994; amended January 5, 1998 to be effective February 1, 1998.
1:9-2. For Production of Documentary Evidence and Electronically Stored Information; Notice in Lieu of Subpoena
A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).
Note: Source - R.R. 3:5-10(c), 4:46-2, 6:3-7(b), 7:4-3 (second paragraph), 8:4-9(c); amended November 27, 1974 to be effective April 1, 1975; amended June 29, 1990 to be effective September 4, 1990; caption and text amended July 27, 2006 to be effective September 1, 2006.
1:9-3. Service
A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a New Jersey Small Claims witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof.
Note: Source-R.R. 3:5-10(b) (last sentence), 3:5-10(d), 4:46-3, 5:2-2, 6:3-7(c), 7:4-6(a) (last sentence), 8:4-9(d); amended July 13, 1994 to be effective September 1, 1994.
1:9-4. Place of Service
A subpoena requiring the attendance of a New Jersey Small Claims witness at a hearing in any court may be served at any place within the State of New Jersey.
Note: Source-R.R. 3:5-10(e), 6:3-7(d), 7:4-6(b), 8:4-9(e).
1:9-5. Failure to Appear
Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.
Note: Source-R.R. 3:5-10(f), 6:3-7(e), 8:4-9(f); amended July 13, 1994 to be effective September 1, 1994.
1:9-6. Enforcement of Subpoena of Public Officer or Agency
 (a) Ex Parte Application for Compliance. Where by statute a public officer or agency may apply ex parte to the court to compel a person to testify or to produce or file books, papers, documents or other objects in accordance with the subpoena or direction of the officer or agency, or to refrain from certain misconduct, the application may be made by motion supported by affidavit. The court may order the person to appear before the officer or agency and there to proceed as may be directed in the order.
 (b) Application for Compliance on Notice. If in such a case the statute does not provide for an application ex parte, an order to show cause may issue on the motion and supporting affidavit. The order shall be made returnable in not less than 2 nor more than 10 days, requiring such person to show cause before the court why the subpoena or other direction should not be complied with or such misconduct refrained from, and upon the return of the order the court shall afford the person an opportunity to be heard under oath. The court may order a person determined by it to have failed, without justification, to obey the subpoena or other direction, answer a proper question, produce any such thing, or to have been guilty of misconduct, to appear before the officer or agency at a time or times and place mentioned in the order and there to proceed as may be directed in the order.
 (c) Application for Sanctions. Where a statute provides that failure of a person to obey a subpoena or order of a public officer or administrative agency or a receiver, to testify, to answer a proper question, or to produce books, papers, documents or other objects, or that misconduct on the part of a person attending a hearing, shall be punishable by the court in the same manner as like failure or misconduct is punishable in an action pending in the court, the matter shall be brought before the court by motion supported by affidavit stating the circumstances. Upon the motion the court may issue an order to show cause, returnable in not less than 2 nor more than 10 days, requiring the person to show cause before the court why punishment should not be ordered; or the court may issue an attachment. If the court determines that the failure or misconduct above mentioned was without justification, it may punish as for a contempt of court.
Note: Source-R.R. 4:46-5(a)(b)(c); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
RULE 4:35. Trial By Jury Or By The Court
4:35-1. Demand for Jury Trial
 (a) Demand; Time; Manner. Except as otherwise provided by R. 4:67-5 (summary actions), any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing not later than 10 days after the service of the last pleading directed to such issue. Such demand may be appended to the party's pleading.
 (b) Demand; Specification of Issues. A party's demand may specify the issues to be so tried; otherwise the party shall be deemed to have demanded trial by jury for all issues so triable. If the demand is for your New Jersey Small Claims trial by jury for only some of the issues, any other party within 10 days after service of the demand or such shorter or longer time as the court orders, may serve a demand for your New Jersey Small Claims trial by jury of any other or all of the issues so triable.
 (c) Waiver. The failure of a party to serve a demand as required by paragraphs (a) and (b) of this rule constitutes a waiver of trial by jury.
 (d) Withdrawal of Demand; Consent. When trial by jury has been demanded as provided by this rule, the trial of all issues so demanded shall be by jury, unless all parties or their attorneys, by written and filed stipulation or oral stipulation made in open court and entered on the record, consent to trial by the court without a jury, or unless the court on a party's or its own motion finds that a right of trial by jury of some or all of those issues does not exist.
Note: Source-R.R. 4:39-1, 4:39-2, 4:39-3, 4:40-3. Paragraph (d) amended July 15, 1982 to be effective September 13, 1982; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
4:35-2. Advisory Jury and Trial by Consent
The court on motion or its own initiative may try with an advisory jury any issue not triable of right by a jury, or it may, with the consent of all parties appearing at the trial, order a trial of any such issue with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Note: Source-R.R. 4:40-1.
4:35-3. Trial by the Court
Except as provided by R. 4:35-1(d) and 4:35-2, all issues of fact not triable of right by a jury shall be decided by the court without a jury, whether or not any other issues are submitted to a jury. If certain of the issues are to be decided by a jury and others by the court, the court shall determine the sequence in which the issues shall be tried.
Note: Source-R.R. 4:40-2.
4:35-4. Continuous Trials
Insofar as practicable, all jury and non-jury trials should be continuous and uninterrupted, and should run for the full day as fixed by R. 1:30-3.
Note: Adopted July 5, 2000 to be effective September 5, 2000.
RULE 4:37. Dismissal Of Actions
4:37-1. Voluntary Dismissal; Effect Thereof
 (a) By Plaintiff; By Stipulation. Subject to the provisions of R. 4:32-2(e) (class actions), R. 4:53-1 (receivership actions) and R. 4:60-18 (attachment actions), an action may be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or by filing a stipulation of dismissal specifying the claim or claims being dismissed, signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice.
 (b) By Order of Court. Except as provided by paragraph (a) hereof, an action shall be dismissed at the plaintiff's instance only by leave of court and upon such terms and conditions as the court deems appropriate. If a counterclaim has been filed and served by a defendant prior to being served with plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
Note: Source -- R.R. 4:42-1(a)(b); paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended August 1, 2006 to be effective September 1, 2006.
4:37-2. Involuntary Dismissal; Effect Thereof
 (a) For Failure to Comply With Rule or Order. For failure of the plaintiff to cause a summons to issue within 15 days from the date of the Track Assignment Notice or to comply with these rules or any order of court, the court in its discretion may on defendant's motion dismiss an action or any claim against the defendant. Such a dismissal shall be without prejudice unless otherwise specified in the order.
 (b) At Trial-Generally. After having completed the presentation of the evidence on all matters other than the matter of damages (if that is an issue), the plaintiff shall so announce to the court, and thereupon the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to relief. Whether the action is tried with or without a jury, such motion shall be denied if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff's favor.
 (c) At Trial-Claim for Contribution. When a claim for contribution has been asserted pursuant to R. 4:7-5, a motion for dismissal as to any defendant against whom such claim has been asserted shall be held in abeyance until the close of all the evidence, and at that time the granting of the motion shall constitute an adjudication upon the merits of the claim for contribution. If the motion is denied, the claim for contribution need not be separately submitted to the jury but the verdict as to the liability of each defendant shall determine which of the parties are joint tort feasors. If the amount of the contribution of each defendant may be determined as a matter of law, the judge shall enter judgment thereon at the request of any party. If any party asserts any settlement or part payment or other matter not determined in the negligence action which may affect the amount of the contribution, and there is a dispute as to any material fact, a separate trial shall be held to determine the same.
 (d) Dismissal With Prejudice; Exceptions. Unless the order of dismissal otherwise specifies, a dismissal under R. 4:37-2(b) or (c) and any dismissal not specifically provided for by R. 4:37, other than a dismissal for lack of jurisdiction, operates as an adjudication on the merits.
 (e) Continued Participation in Subsequent Proceedings. If a claim is dismissed as to a defendant before final judgment as to all issues and all parties, that defendant shall have notice of and the right to participate in any subsequent proceedings in the case.
Note: Source-R.R. 4:12-2(a)(b) (first four sentences), 4:13-6(b)(2); paragraph (c) caption and text amended January 16, 1975 to be effective April 1, 1975; paragraph (e) adopted July 17, 1975 to be effective September 8, 1975; paragraphs (a), (b) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended November 1, 2002 to be effective immediately.
4:37-3. Dismissal of Counterclaim, Cross-Claim or Third-Party Claim
The provisions of R. 4:37-1 and 4:37-2(a), (b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to R. 4:37-1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
Note: Source-R.R. 4:42-3.
4:37-4. Costs of Previously Dismissed Action
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith.
Note: Source-R.R. 4:42-4; amended July 13, 1994 to be effective September 1, 1994.
RULE 4:38. Consolidation; Separate Trials
4:38-1. Consolidation
 (a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated. If the actions are not triable in the same county or vicinage, the order shall be made by the Assignment Judge of the county in which the venue is laid in the action first instituted on a party's motion, the judge's own initiative, or on certification of the matter to the judge by a judge of the Law or Chancery Division. A motion to consolidate an action pending in the Special Civil Part with an action pending in the Chancery Division or the Civil Part of the Law Division shall be heard, regardless of which action was first filed, in the county in which venue is laid in the Chancery or Law Division, Civil Part action. If the motion is granted, the Special Civil Part action shall be consolidated with the Chancery or Law Division, Civil Part action.
 (b) Actions in the Superior and Other Courts. When an action is pending in the Superior Court, and another action involving a common question of law or fact arising out of the same transaction or series of transactions is pending in any other court, the Superior Court on a party's or its own motion may remove the action from the other court and consolidate it with the action in the Superior Court.
 (c) Order; Further Proceedings. Unless the court otherwise directs in the order of consolidation, all papers thereafter filed in the consolidated action shall (1) include the caption and docket number of each separate action, that of the earliest instituted action to be listed first, and (2) state with specificity the pleading or motion to which the paper is responsive. If actions pending in different venues are consolidated, the order shall specify the venue in which the consolidated action shall proceed and the party having the responsibility to file a copy of the order with the deputy clerk of the Superior Court in each county from which an action is being transferred. The order of consolidation may also include such terms as the court may prescribe to expedite further proceedings. In addition to the filing required by R. 1:6-4, a copy of the order of consolidation shall be included in the deputy clerk of the Superior Court's file of each separate action.
Note: Source-R.R. 4:43-1(a)(b)(c)(d)(e); paragraph (b) amended, paragraphs (c) and (d) deleted and former paragraph (e) redesignated as paragraph (c) July 26, 1984 effective September 10, 1984; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 9, 2008 to be effective September 1, 2008.
4:38-2. Separate Trials
 (a) Severance of Claims. The court, for the convenience of the parties or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, third-party claim, or separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
 (b) Separation of Liability and Damage Claims. Whenever multiple parties, issues or claims are presented in individual or consolidated actions and the nature of the action or actions is such that a trial of all issues as to liability and damages may be complex and confusing, or whenever the court finds that a substantial saving of time would result from trial of the issue of liability in the first instance, the court may on a party's or its own motion, direct that the issues of liability and damages be separately tried. Except in extraordinary circumstances, the issue of liability shall be tried first, and if the order of bifurcation otherwise directs, the reasons therefor shall be explicitly stated therein.
Note: Source-R.R. 4:43-2(a)(b). Caption of paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended January 19, 1989 to be effective February 1, 1989.
RULE 4:39. Verdicts
4:39-1. Special Verdicts
The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact, in which case it may submit to the jury either written questions which can be categorically or briefly answered or written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring written findings thereon as it deems appropriate. The court shall instruct the jury concerning the matters submitted as is necessary to enable it to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issues so omitted unless before the jury retires submission to the jury is demanded. The court may make a finding as to an issue omitted without such demand, or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
Note: Source-R.R. 4:50-1; amended July 13, 1994 to be effective September 1, 1994.
4:39-2. General Verdict Accompanied by Answer to Interrogatories
The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall direct the jury both to make written answers and to render a general verdict, and shall instruct it, as is necessary, to enable it to do so. If the general verdict and the answers are consistent, the court shall direct the entry of the appropriate judgment upon the verdict and answers. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or may return the jury for further consideration of its answers and verdict, or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, the court shall not direct the entry of judgment but may return the jury for further consideration of its answers and verdict or may order a new trial.
Note: Source-R.R. 4:50-2.
4:39-3. Omissions in Verdict in Action to Recover Personal Property
If, in an action to recover personal property unlawfully detained, or on an issue concerning several things in one count, the verdict fails to find for part of them, such verdict shall stand, but the plaintiff shall be barred of title to the things omitted.
Note: Source-R.R. 4:50-3; amended July 13, 1994 to be effective September 1, 1994.
RULE 4:40. Motion For Judgment
4:40-1. Motion for Judgment at Trial
A motion for judgment, stating specifically the grounds therefor, may be made by a party either at the close of all the evidence or at the close of the evidence offered by an opponent. If the motion is made prior to the close of all the evidence and is denied, the moving party may then offer evidence without having reserved the right to do so. A motion for judgment which is denied is not a waiver of trial by jury even if all parties to the action have so moved.
Note: Source-R.R. 4:51-1.
4:40-2. Reservation of Decision on Motion; Motion for Judgment Notwithstanding the Verdict
 (a) Reservation of Decision. The court may reserve decision on a motion for judgment made at the close of all the evidence, submit the case to the jury and then decide the motion either before or within 10 days after the verdict, or if no verdict is returned, within 10 days after the jury's discharge. The court may enter judgment in accordance with the motion or in the interest of justice order a new trial.
 (b) Renewal of Motion. If a motion for judgment is denied and the case submitted to the jury, the motion may be renewed in accordance with the procedure prescribed by R. 4:49-1 (new trial) within 20 days after the verdict or the jury's discharge. A motion so renewed may include in the alternative a motion for a new trial, and every motion made by a party for a new trial shall be deemed to include, in the alternative, a renewal of any motion for judgment made by that party at the close of the evidence. If the motion is granted on renewal thereof, the court shall nevertheless rule on the motion for a new trial determining whether it should be granted if the judgment is thereafter reversed or vacated. Briefs shall be submitted with the renewal of the motion for judgment. Failure to renew the motion shall not preclude appellate review of the denial of the motion made at trial.
 (c) Motion of Party Aggrieved by Setting Aside. Within 20 days after service of an order setting aside a verdict or judgment under this rule, the party thereby aggrieved may move for a new trial or renew a motion for judgment.
Note: Source-R.R. 4:51-2(a)(b)(c)(d)(e); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c) amended July 5, 2000 to be effective September 5, 2000.
RULE 4:47. Entry Of Judgement
Subject to the provisions of R. 4:42-2 (judgment on multiple claims) judgment shall be entered as follows:
 (a) Unless the court otherwise orders, the clerk shall forthwith prepare, sign and enter the judgment in the Civil Docket without awaiting further direction by the court: (1) upon a general verdict of a jury; (2) upon a decision by the court that a party shall recover only a sum certain or costs or that all relief shall be denied, and (3) upon a special verdict or general verdict accompanied by answers to interrogatories which is forthwith convertible by the court into a money judgment or a judgment that relief shall be denied. Upon payment by the proponent of the judgment of the fee prescribed by N.J.S.A. 22A:2-7, the judgment shall be entered in the Civil Judgment and Order Docket in accordance with R. 4:101-2.
 (b) Where the decision of the court grants other than monetary relief, or is reserved or where a special verdict or a general verdict accompanied by answers to interrogatories is not convertible pursuant to paragraph (a), the court shall promptly approve the form of judgment and the clerk of the court shall enter it.
The notation of a judgment in the Civil Docket constitutes the entry of the judgment, and the judgment shall not take effect before such entry unless the court in the judgment shall, for reasons specified therein, direct that it take effect from the time it is signed, but no such direction shall affect the lien or priority of the judgment. The entry of the judgment shall not be delayed for the taxing of costs.
Note: Source-R.R. 4:59. Amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended July 26, 1984 to be effective September 10, 1984; amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended June 28, 1996 to be effective September 1, 1996.
RULE 4:49. New Trials; Amendment Of Judgments
4:49-1. Motion for New Trial
 (a) Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge. On a motion for a new trial in an action tried without a jury, the trial judge may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. The trial judge shall grant the motion if, having given due regard to the opportunity of the jury to pass upon the credibility of New Jersey Small Claims witnesses, it clearly and convincingly appears that there was a miscarriage of justice under the law.
 (b) Time for Motion, Cross-Motion; Affidavits. A motion for a new trial shall be served not later than 20 days after the court's conclusions are announced in nonjury actions or after the return of the verdict of the jury. The motion shall be noticed for hearing and argued no later than the second regular motion day following the service thereof, unless the court for good cause shown orders the hearing fixed for either an earlier or a later date. The opposing party may, within 10 days after service of the motion, serve a cross-motion for a new trial returnable at the same time and place as the motion. If a motion for a new trial is based upon affidavits they shall be served with the motion; opposing affidavits shall be served within 10 days thereafter which period may be extended for an additional period not exceeding 20 days either by written stipulation of the parties or court order. The court may permit reply affidavits. Except in special circumstances the motion shall be decided by the judge on trial notes without awaiting a transcript of the testimony.
 (c) On Initiative of Court. Not later than 20 days after entry of judgment the court on its own motion may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter the court may grant a motion for a new trial timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.
 (d) Motion for New Trial as Not Barring Appeal. A motion for a new trial or any action or adverse determination on the motion shall not bar an appeal or the review of any matter on appeal.
Note: Source-R.R. 4:61-1(a), 4:61-2, 4:61-3, 4:61-4, 4:61-5. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998.
4:49-2. Motion to Alter or Amend a Judgment or Order
Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred, and shall have annexed thereto a copy of the judgment or order sought to be reconsidered and a copy of the court's corresponding written opinion, if any.
Note: Source — R.R. 4:61-6. Amended November 5, 1986 to be effective January 1, 1987; amended July 14, 1992 to be effective September 1, 1992; amended July 10, 1998 to be effective September 1, 1998; amended July 19, 2012 to be effective September 4, 2012.
RULE 4:50. Relief From Judgment Or Order
4:50-1. Grounds of Motion
On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.
Note: Source-R.R. 4:62-2 (first sentence); amended July 15, 1982 to be effective September 13, 1982; amended July 13, 1994 to be effective September 1, 1994.
4:50-2. Time of Motion
The motion shall be made within a reasonable time, and for reasons (a), (b) and (c) of R. 4:50-1 not more than one year after the judgment, order or proceeding was entered or taken.
Note: Source-R.R. 4:62-2 (second sentence).
4:50-3. Effect of Motion
A motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment, nor does this rule limit the power of a court to set aside a judgment, order or proceeding for fraud upon the court or to entertain an independent action to relieve a party from a judgment, order or proceeding.
Note: Source-R.R. 4:62-2 (third and fourth sentences).

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