Law Office Of Paul DePetris
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Special Civil Trial Facts

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SPECIAL CIVIL TRIAL FREQUENTLY ASKED QUESTIONS
This article is about New Jersey Special Civil Part Trials other than those that occur in the New Jersey Special Civil Part, Small Claims Section.

IF I HAVE A NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN THE NEW JERSEY SPECIAL CIVIL PART, WHAT CAN I EXPECT?
On the day that your New Jersey Special Civil Part case is scheduled for a New Jersey Special Civil Part trial, whether you are a Special Civil plaintiff or a Special Civil defendant, you must appear at New Jersey Special Civil Part court in the proper courtroom. Usually, many Special Civil cases are heard on the day that your New Jersey Special Civil Part case is called for trial by the New Jersey Special Civil Part and it is not uncommon for many people to wait in a single courtroom for their New Jersey Special Civil Part case to be called. You must be on time to avoid losing your New Jersey Special Civil Part case! It is best to arrive early to New Jersey Special Civil Part court, since it is not unusual for the New Jersey Special Civil Part courtroom’s seats to fill up quickly!

HOW DOES THE NEW JERSEY SPECIAL CIVIL PART COURT INFORM THE SPECIAL CIVIL PLAINTIFFS AND SPECIAL CIVIL DEFENDANTS ABOUT A NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN A NEW JERSEY SPECIAL CIVIL PART CASE?
In most Special Civil cases, the New Jersey Special Civil Part informs the Special Civil plaintiffs and Special Civil defendants or their Special Civil attorneys of a New Jersey Special Civil Part trial date at least 30 days before the Special Civil trial. However, if the New Jersey Special Civil Part court has good cause, it may provide a longer or shorter notice of the New Jersey Special Civil Part trial. Usually, the New Jersey Special Civil Part court sends a Special Civil notice card to the Special Civil plaintiffs and Special Civil defendants advising them of trial. However, it is not uncommon for the Special Civil trial notices to be sent long after the date that they are prepared, resulting in the Special Civil plaintiffs and Special Civil defendants receiving far less than 30 days’ notice of the New Jersey Special Civil Part trial.

AM I GUARANTED TO HAVE MY TRIAL IN A NEW JERSEY SPECIAL CIVIL PART CASE ON THE DATE ORIGINALLY SCHEDULED?
New Jersey Special Civil Part trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. Also, it is very common for New Jersey Special Civil Part trials to get adjourned because someone is not ready to present their New Jersey Special Civil Part case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your New Jersey Special Civil Part case on the date that the New Jersey Special Civil Part trial is scheduled since courts often refuse adjournment requests and dismiss Special Civil cases if parties are not prepared to proceed with their New Jersey Special Civil Part case or defense on the New Jersey Special Civil Part trial date). It is not unusual for a Special Civil judge hearing trials in the New Jersey Special Civil Part to decide to tell a Special Civil plaintiff and defendant in a case to return to the New Jersey Special Civil Part court on another day to have their trial because the Special Civil judge does not have time to handle the New Jersey Special Civil Part trial on the date originally scheduled. Sometimes, a Special Civil plaintiff and Special Civil defendant will ask the New Jersey Special Civil Part court for an adjournment and the New Jersey Special Civil Part court grants that adjournment but in violation of the Special Civil Court rules, the Special Civil plaintiff or Special Civil defendant that did not request the Special Civil adjournment is not told that the New Jersey Special Civil Part trial is adjourned! To avoid unnecessary trips to the New Jersey Special Civil Part court, it is best to call one or two days before the Special Civil trial to make certain that the New Jersey Special Civil Part trial has not been rescheduled without your knowledge.

WHAT IF I CAN’T SHOW UP ON THE DATE OF TRIAL FOR SOME REASON – CAN I GET THE NEW JERSEY SPECIAL CIVIL PART TRIAL RESCHEDULED IN MY NEW JERSEY SPECIAL CIVIL PART CASE?
All requests for New Jersey Special Civil Part trial adjournments must be made to the New Jersey Special Civil Part court as soon as the need for the Special Civil adjournment is known, but absent good cause for the delay, the request must be made not less than 5 days before the New Jersey Special Civil Part trial. Before you make an adjournment request, notify all of your Special Civil opponents that the request is going to be made and then notify the New Jersey Special Civil Part court clerk of the Special Civil opponent’s response. The New Jersey Special Civil Part court shall then decide the issue and if the New Jersey Special Civil Part court grants the request, shall assign a new date. The requesting party must notify all their opponents of the New Jersey Special Civil Part court's response. It is highly recommended to make all these requests in writing, such as with a letter and to keep a copy for your records (and to allow the request to be properly processed you should submit the request to the New Jersey Special Civil Part preferably at least 10 days before the New Jersey Special Civil Part trial date). That way, if the New Jersey Special Civil Part court improperly denies the Special Civil adjournment request (not uncommon) you shall have proof to use to have a higher authority decide the issue.

Often, the New Jersey Special Civil Part court schedules the New Jersey Special Civil Part trial of a case before parties have enough time to gather the information they need to prove their New Jersey Special Civil Part case. This period of factfinding before the Special Civil trial is called “discovery”. If a Special Civil plaintiff and Special Civil defendant needs additional time to complete discovery and the discovery period has not expired, the New Jersey Special Civil Part court is normally required to adjourn the New Jersey Special Civil Part trial. If you qualify for such an adjournment, you do not need your Special Civil opponent’s agreement to the Special Civil adjournment but it is best to first ask your Special Civil opponent for their agreement. If they refuse or do not respond in a timely manner, send a letter to the New Jersey Special Civil Part court (preferably at least 10 days before the New Jersey Special Civil Part trial date) explaining the situation and asking for a new date for your New Jersey Special Civil Part trial.

If you are making a request to adjourn a New Jersey Special Civil Part trial and you know in advance of making your request that you have any vacation plans or would otherwise be unable to appear at a new trial date for a good reason, let the New Jersey Special Civil Part court know the dates you are unavailable. If you wait too close to your New Jersey Special Civil Part trial date before forwarding an adjournment request, the request shall very likely be denied.

Before a New Jersey Special Civil Part trial is heard, it is the New Jersey Special Civil Part court clerk’s office of the New Jersey Special Civil Part court that decides adjournment requests. If you believe that the New Jersey Special Civil Part court clerk improperly decided your request to adjourn the New Jersey Special Civil Part trial, you may want to file a Special Civil motion with the New Jersey Special Civil Part court for it to grant the Special Civil adjournment. While it is likely that the New Jersey Special Civil Part clerk processing the motion shall be confused by the filing of such a Special Civil motion (they may call and complain to you about your filing such a Special Civil motion), if the matter is brought to the attention of a Special Civil judge sitting in the New Jersey Special Civil Part court, they may grant your request.

WHAT HAPPENS IF THE SPECIAL CIVIL PLAINTIFF FAILS TO SHOW UP ON THE NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN A NEW JERSEY SPECIAL CIVIL PART CASE?
If a Special Civil plaintiff fails to appear when their New Jersey Special Civil Part case is called for trial, the New Jersey Special Civil Part is likely to dismiss the New Jersey Special Civil Part complaint. If this happens and the Special Civil plaintiff has a good reason for failing to appear at the New Jersey Special Civil Part trial, the Special Civil plaintiff could file a Special Civil motion with the New Jersey Special Civil Part requesting that the New Jersey Special Civil Part case be reinstated and the New Jersey Special Civil Part trial rescheduled.

WHAT HAPPENS IF THE SPECIAL CIVIL DEFENDANT FAILS TO SHOW UP ON THE NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN A NEW JERSEY SPECIAL CIVIL PART CASE?
If a Special Civil defendant fails to appear when the New Jersey Special Civil Part case is called for trial, the New Jersey Special Civil Part shall likely enter a Special Civil default against the Special Civil defendant. If you are a Special Civil plaintiff and you receive a Special Civil default in your New Jersey Special Civil Part case, you shall have to prepare and file paperwork with the New Jersey Special Civil Part court asking the New Jersey Special Civil Part court to enter a Special Civil default judgment in your favor. If this happens and the Special Civil defendant has a good reason for failing to appear at the New Jersey Special Civil Part trial, the Special Civil defendant could file a Special Civil motion with the New Jersey Special Civil Part requesting that the Special Civil default judgment be removed (vacated), that the New Jersey Special Civil Part case be reinstated and the New Jersey Special Civil Part trial rescheduled.

WHAT IF PLAINTIFF AND DEFENDANT (OR THEIR SPECIAL CIVIL ATTORNEYS) SHOW UP AT THE NEW JERSEY SPECIAL CIVIL PART TRIAL IN A NEW JERSEY SPECIAL CIVIL PART CASE?
If no dismissal or default is entered in your New Jersey Special Civil Part case, you must be prepared to present your New Jersey Special Civil Part case or defense. It is not uncommon for Special Civil judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Special Civil Part case. A Special Civil court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil Part case out of court or limiting what they can present at the New Jersey Special Civil Part trial. You must bring all documents, photographs, videos and other items with you to the New Jersey Special Civil Part trial that are necessary to prove your New Jersey Special Civil Part case (preferably originals). Even if you bring such documents and items to Special Civil Court, the New Jersey Special Civil Part may refuse to allow you to use them at your trial. New Jersey has many published Special Civil cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at the New Jersey Special Civil Part trial. Accordingly, before the Special Civil trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at the New Jersey Special Civil Part trial. Hearsay rules of evidence are particularly troublesome and you should study them carefully before your New Jersey Special Civil Part trial. For example, it is very common for New Jersey Special Civil Part courts to refuse to allow a Special Civil plaintiff and Special Civil defendant to use or refer to documents or items that the person themselves never prepared. Often parties stumble into New Jersey Special Civil Part court 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 Special Civil plaintiffs and Special Civil defendants 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 Part. Also, if there are any legal issues to be dealt with at your New Jersey Special Civil Part trial, you must be prepared to argue them, which may require you to refer to Special Civil Court rules, evidence rules, laws, regulations or published Special Civil cases. While there are exceptions, evidence is most frequently admitted to the New Jersey Special Civil Part court by calling Special Civil witness to testify before the New Jersey Special Civil Part court. It is best to have your questions for any Special Civil witnesses prepared in advance. During a New Jersey Special Civil Part trial parties normally call Special Civil witnesses and prevent evidence about their dispute and argue legal issues in support of their positions. The Special Civil judge hearing a Special Civil Part trial may ask questions of the Special Civil witnesses. At the end of the New Jersey Special Civil Part trial, the New Jersey Special Civil Part normally enters a judgment for or against you. The New Jersey Special Civil Part may also withhold or “reserve” judgment for a later date, which normally results in the New Jersey Special Civil Part taking time to write up its reasons for its decision and mailing it to the Special Civil plaintiffs and Special Civil defendants’ last known addresses (or to their Special Civil attorneys, if they are represented).

DO I NEED AN SPECIAL CIVIL EXPERT WITNESS TO PROVE MY CASE?
Often to prove one’s New Jersey Special Civil Part case or to successfully defend against a New Jersey Special Civil Part complaint, it is necessary to hire an Special Civil expert witness to prepare a proper Special Civil expert report and to testify regarding another party’s misconduct and the damages sustained as a result of the misconduct. If scientific, technical, or other specialized knowledge will assist the factfinder at the New Jersey Special Civil Part trial to understand the evidence or to determine a fact in issue, a Special Civil witness qualified as an Special Civil expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. To be considered by the New Jersey Special Civil Part, a Special Civil expert’s opinion must meet three basic requirements: (1) the intended testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that a Special Civil expert’s testimony could be sufficiently reliable; and (3) the Special Civil witness must have sufficient expertise to offer the intended testimony. To meet the element of whether Special Civil expert testimony is sufficiently reliable, the Special Civil plaintiff or Special Civil defendant offering the Special Civil expert testimony must demonstrate that the expert’s opinion or theory is generally accepted within the scientific community. A Special Civil expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by experts in the field. Bare conclusions of an Special Civil expert that are not supported by factual evidence are inadmissible. Likewise, Special Civil expert conclusions based on discredited or improperly performed diagnostic tools are suspect. A Special Civil expert's trial testimony is confined to the opinion reflected in his or her report. Many Special Civil expert opinions are never admitted into evidence and experts are thereby prevented from testifying at the New Jersey Special Civil Part trial because the New Jersey Special Civil Part finds the reports unreliable and/or inadequate. Therefore, simply hiring an Special Civil expert does not assure that you shall get their testimony into evidence. Professional experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform. The Special Civil expert normally sends a copy of their report to the Special Civil plaintiff or Special Civil defendant who hired the expert. If your New Jersey Special Civil Part case requires Special Civil expert testimony and the matter goes all the way to trial, it shall be necessary to have the Special Civil expert appear at and testify at same. The Special Civil expert usually charges additional fees for the time during which they must appear at the New Jersey Special Civil Part trial but you may get the Special Civil expert to include such services as part of the fee to perform inspections and to write reports. While there are some exceptions, normally, New Jersey Special Civil Part courts do not allow people to show up at the New Jersey Special Civil Part trial to introduce into evidence estimates, Special Civil expert reports and other documents that they never prepared and Special Civil witnesses are often necessary to prove one’s case, especially when it comes to the Special Civil plaintiff or Special Civil defendant’s damages.

WHAT IF I HAVE SPECIAL CIVIL WITNESSES TO CALL AT THE NEW JERSEY SPECIAL CIVIL PART TRIAL OF MY NEW JERSEY SPECIAL CIVIL PART CASE BUT THE SPECIAL CIVIL WITNESSES MAY REFUSE TO SHOW UP?
If you have any Special Civil witnesses that you need to testify for you at the New Jersey Special Civil Part trial, then in advance of the New Jersey Special Civil Part trial and as required by court rules, laws and published Special Civil cases, you must prepare a written subpoena (or subpoenas if the New Jersey Special Civil Part case is adjourned). Such a Special Civil subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the Special Civil plaintiffs and Special Civil defendants to the New Jersey Special Civil Part case to testify as part of your New Jersey Special Civil Part case, since they might not show up at the New Jersey Special Civil Part trial (it is possible that only their attorney will show up), you should serve them with a Special Civil notice in lieu of subpoena. If you think that you could have problems getting someone to show up to provide testimony at the New Jersey Special Civil Part trial, you should have a process server serve them with a Special Civil subpoena or if they are a Special Civil plaintiff and Special Civil defendant to the dispute, a Special Civil notice in lieu of subpoena. Without Special Civil witnesses to testify at the New Jersey Special Civil Part trial (especially experts, discussed above), you may lose your New Jersey Special Civil Part case.

WILL MY NEW JERSEY SPECIAL CIVIL PART TRIAL BE DECIDED BY A SPECIAL CIVIL JUDGE OR A JURY?
Almost all New Jersey Special Civil Part trials are decided only by a Special Civil judge. Normally, you can’t show up at the New Jersey Special Civil Part trial and request a Special Civil jury trial – the request must be made when you file your New Jersey Special Civil Part complaint or answer to the New Jersey Special Civil Part complaint with the New Jersey Special Civil Part court and it normally requires a written request and payment of an extra fee. A written demand for a Special Civil jury trial is filed with the New Jersey Special Civil Part in the county where the New Jersey Special Civil Part case is to be heard and served upon opposing parties not later than 10 days after the time provided for the Special Civil defendant to answer. If a Special Civil defendant files a Special Civil counterclaim and the Special Civil plaintiff wants a Special Civil jury trial but did not originally request a Special Civil jury trial when they filed their New Jersey Special Civil Part complaint, the Special Civil plaintiff may file with the New Jersey Special Civil Part in the county where the New Jersey Special Civil Part case is to be heard and serve on their opponents the Special Civil jury trial demand no later than 10 days after the time provided for the service of a Special Civil defensive pleading to the Special Civil counterclaim. In Special Civil cases being heard by in the Small Claims Section, the Special Civil defendant must file the demand and serve it on their Special Civil opponent and pay the necessary fee at least five days before the return day of the Special Civil summons, which shall cause the New Jersey Special Civil Part court to transfer the New Jersey Special Civil Part case to another court.

If you or your Special Civil opponent properly requested a Special Civil jury trial and paid the necessary fee, unless the Special Civil judge throws your New Jersey Special Civil Part case out of court for some reason, the New Jersey Special Civil Part case is tried by a Special Civil judge deciding the legal issues and a jury deciding the factual issues. Parties may withdraw their demand for a New Jersey Special Civil Part trial if all parties to the New Jersey Special Civil Part case agree to the withdrawal, in which case the New Jersey Special Civil Part case will be decided by a Special Civil judge alone. Judges may decide to on their own to order a Special Civil jury trial (very rare).

IF I AM A SPECIAL CIVIL PLAINTIFF OR DEFENDANT IN A NEW JERSEY SPECIAL CIVIL PART TRIAL, WILL THE OTHER SIDE HAVE A SPECIAL CIVIL ATTORNEY?
If you are not represented by a Special Civil attorney in a special Civil Part case, you are called a “pro se litigant”. While people can and often do represent themselves New Jersey Special Civil Part court, their opponent may be represented by a Special Civil attorney, which often places the unrepresented party at a major disadvantage. If possible, hire a Special Civil attorney to at least prepare any necessary court paperwork and if you can afford it, to also appear and represent you in court at any motions or trials. The proper preparation of legal papers and preparation of a case for trial often requires knowledge of legal issues that only attorneys have. Court rules and evidence rules are often complex and accordingly, are often difficult to follow. Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete. People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about special civil disputes that are heard by New Jersey courts, regardless of whether the people work for a Special Civil court or work for a Special Civil attorney. If a Special Civil plaintiff and Special Civil defendant is represented by a Special Civil attorney in a special Civil Part dispute, you must generally avoid having oral or written contact regarding the New Jersey Special Civil Part case with the represented party and instead, must make all communications involving the New Jersey Special Civil Part case through the represented party’s attorney.

WILL I HAVE A CHANCE TO SETTLE MY CASE BEFORE MY TRIAL IN THE NEW JERSEY SPECIAL CIVIL PART?
In most Special Civil cases, before the New Jersey Special Civil Part trial occurs, the Special Civil plaintiffs and Special Civil defendants must mediate their dispute. Special Civil mediation is an informal hearing normally held in a conference room. You and the other Special Civil party and any Special Civil attorneys involved in the New Jersey Special Civil Part case appear at the Special Civil mediation. The Special Civil mediation is conducted by a neutral Special Civil court appointed mediator. The Special Civil mediator is trained in resolving disputes through the process of Special Civil mediation. Accordingly, the Special Civil mediator attempts to resolve the New Jersey Special Civil Part case by suggesting a possible settlement to both Special Civil parties. During the Special Civil mediation, none of the Special Civil plaintiffs and Special Civil defendants is required to settle the New Jersey Special Civil Part case. Indeed, one or all of the Special Civil plaintiffs and Special Civil defendants may not even make any offer to settle. Note that Special Civil cases do not always undergo Special Civil mediation. If the New Jersey Special Civil Part case cannot be settled before the Special Civil trial and your New Jersey Special Civil Part case is called to be tried, you must be prepared to present your New Jersey Special Civil Part case or defenses. Regardless of whether the Special Civil plaintiffs and Special Civil defendants participate in a Special Civil mediation, parties may voluntarily agree to settle their New Jersey Special Civil Part case Special Civil Judges are usually willing to help Special Civil parties settle their New Jersey Special Civil Part case but they cannot force any part to settle their New Jersey Special Civil Part case so that if a Special Civil plaintiff and Special Civil defendant refuses to settle, it is very likely that the New Jersey Special Civil Part case shall proceed to the Special Civil trial. Special Civil judges may schedule a conference in your New Jersey Special Civil Part case and at that time, try to settle the New Jersey Special Civil Part case. Preparing the proper Special Civil settlement agreement requires great care. Many Special Civil settlements fail, which leads to unhappy Special Civil parties and often, more court proceedings. Normally, at any Special Civil trial proceeding, the New Jersey Special Civil Part has Special Civil settlement forms for the Special Civil plaintiffs and Special Civil defendants to complete. However, neither Special Civil court forms, websites nor advice from Special Civil court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. For example, what if your Special Civil agreement fails to include the proper protections to your interest? A Special Civil court may refuse to enforce a Special Civil settlement agreement if it is unclear what the Special Civil plaintiffs and Special Civil defendants agreed to. Also, if a Special Civil plaintiff and Special Civil defendant fails to honor a settlement, you may have to return to Special Civil Court if you want to enforce the settlement, which normally requires you to file a Special Civil motion. If you can afford a Special Civil attorney, it is best to have the Special Civil attorney prepare the Special Civil settlement agreement so that they can try to make the other Special Civil parties agree to the best settlement terms for you. If you do settle your New Jersey Special Civil Part case yourself, you should notify the New Jersey Special Civil Part as soon as possible – with a phone call and then followed up in writing. If the New Jersey Special Civil Part case is settled before the Special Civil trial, you should make every effort to advise the New Jersey Special Civil Part court before the New Jersey Special Civil Part trial occurs.

WHAT HAPPENS IF DEFENDANT IS DEFAULTED?
If a Special Civil defendant is automatically defaulted by the New Jersey Special Civil Part, then no trial will occur (unless the New Jersey Special Civil Part vacates the default) and the Special Civil plaintiff has a set amount of time from the date of the entry of default to file additional paperwork with the New Jersey Special Civil Part to seek a Special Civil default judgment against a Special Civil defendant. In some Special Civil cases, securing a Special Civil default judgment only requires the Special Civil plaintiff to submit paperwork, while in other Special Civil cases, the Special Civil plaintiff has to prepare and file a Special Civil motion and the New Jersey Special Civil Part may require the Special Civil plaintiff and defendant to appear at a Special Civil court hearing – a “proof hearing”.

WHAT HAPPENS IF I DON’T SHOW UP AT THE NEW JERSEY SPECIAL CIVIL PART TRIAL AND PLAINTIFF THEREAFTER GETS A SPECIAL CIVIL DEFAULT JUDGMENT AGAINST ME AND I IGNORE IT?
If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own. If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the judgment requires a Special Civil defendant to pay $500 or more, the Special Civil defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the New Jersey Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the Special Civil defendant's driving and registration privileges until that judgment is paid. Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those collection efforts. It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the New Jersey Special Civil Part court for relief. However, once a judgment is entered against you, you may ask the New Jersey Special Civil Part court to remove or “vacate” the judgment by filing the appropriate motion with the New Jersey Special Civil Part.

WHAT HAPPENS IF I GET A JUDGMENT?
Once you get a judgment, you become a judgment creditor and you may decide to do nothing or more likely, you may decide to try to collect it. To collect a special Civil Part judgment, special Civil Part officers may be of assistance in taking steps to collect it, but they cannot provide legal advice. Normally, to collect on a judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out paperwork to direct the New Jersey Special Civil Part court officer to try to recover the judgment from those assets. The collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment. The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil attorney, it is best to have the attorney perform the steps necessary to collect any judgment.

WHAT IF A SPECIAL CIVIL DEFAULT AND/OR DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU STILL WANT A NEW JERSEY SPECIAL CIVIL PART TRIAL?
If a Special Civil default and/or default judgment was entered against you, you may seek to remove it, called “vacating the default” or “vacating the Special Civil default judgment”. To vacate either, you must normally prepare a written motion and file the motion with the New Jersey Special Civil Part asking that the default and/or default judgment be vacated. The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part courthouse and on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil attorney, it is best to have the attorney perform the steps necessary to prepare the proper motion. If you ignore the default, it may lead to the entry of a judgment against you. If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own. If the New Jersey Special Civil Part complaint is for money damages caused by a motor vehicle accident and the judgment requires a Special Civil defendant to pay $500 or more, the Special Civil defendant must pay within 60 days and if they do not, the Special Civil plaintiff may file papers asking the New Jersey Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the Special Civil defendant's driving and registration privileges until that judgment is paid.

TAKING NEW JERSEY SPECIAL CIVIL PART APPEALS -- WHAT IF I LOSE MY TRIAL OR THE NEW JERSEY SPECIAL CIVIL PART COURT REFUSES TO VACATE A SPECIAL CIVIL DEFAULT JUDGMENT?
If you are a Special Civil plaintiff and you lose a New Jersey Special Civil Part case, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a Special Civil defendant who you believe owes you money. If you are a Special Civil defendant and you lose a New Jersey Special Civil Part case, it could mean the entry of a money judgment against you and the beginning of the Special Civil plaintiff’s efforts to collect the judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances. If you disagree with the New Jersey Special Civil Part court’s decision about a summary judgment motion, you may file papers for the New Jersey Special Civil Part court for various forms of post trial relief, such as a Special Civil motion for the New Jersey Special Civil Part court to reconsider its decision (called a Special Civil motion for reconsideration) or a Special Civil motion to overturn the verdict or a Special Civil motion for a new trial. In most Special Civil cases, such post trial motions must be made in a specific time frame, such as 20 days from the date of the New Jersey Special Civil Part court’s order deciding the summary judgment motion. If the New Jersey Special Civil Part’s decision in your New Jersey Special Civil Part case is final, you may also appeal the New Jersey Special Civil Part case to a higher court -- the Appellate Division of the Superior Court. There are very strict deadlines for filing New Jersey Special Civil Part appeals. To appeal a New Jersey Special Civil Part final judgment that resolves all issues in the New Jersey Special Civil Part case, you may file a Special Civil notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey Special Civil Part appeals are not heard by the New Jersey Special Civil Part and you should not try to file appellate papers with the New Jersey Special Civil Part! As part of your New Jersey Special Civil Part appeal, you usually must also prepare a written court transcript request and order a Special Civil court transcript from the appropriate court that decided the matter against you and pay a fee for it. Appeals are some of the most complex proceedings in the New Jersey Special Civil Part court system. The New Jersey Special Civil Part court normally has forms available on the worldwide web. However, neither court forms, websites nor advice from court personnel are good substitutes for a competent Special Civil attorney’s legal services. Each case has its own particular legal issues and therefore, its own challenges. If you can afford a Special Civil attorney, it is best to have the attorney perform the steps necessary to take a New Jersey Special Civil Part appeal. Appeals from New Jersey Special Civil Part orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for New Jersey Special Civil Part appeals from final judgments or orders.

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.

HAVE A NEW JERSEY SPECIAL CIVIL PART TRIAL SCHEDULED AND NEED HELP PREPARING FOR IT?
Winning a Special Civil case is not simply a matter of preparing and filing a Special Civil complaint or answer and showing up at Special Civil court. Special Civil trials usually occur fairly rapidly after a Special Civil complaint is answered. Don’t wait until the day or week before Special Civil trial to prepare for your Special Civil trial! Far in advance of your Special Civil trial, documents have to be requested collected and Special Civil witnesses subpoenaed. It is not uncommon for a person to show up at a Special Civil trial asking for an adjournment because they are not ready to try their Special Civil case, with the Special Civil judge refusing to grant the request! Special Civil Special Civil plaintiffs and Special Civil Special Civil defendants often appear at a Special Civil trial unprepared only to learn the hard way that, very often, the key to winning a Special Civil trial is careful preparation. If you have a New Jersey Special Civil Part trial scheduled, consider using the Law Office of Paul DePetris to help you prepare for your New Jersey Special Civil Part trial. The Law Office of Paul DePetris can provide you the following for your New Jersey Special Civil Part trial:
• New Jersey Special Civil Part Trial Subpoenas
• New Jersey Special Civil Part Opening Statements
• New Jersey Special Civil Part Direct Examination Questions
• New Jersey Special Civil Part Cross Examination Questions
• New Jersey Special Civil Part Trial Briefs
• New Jersey Special Civil Part Closing Statements
• New Jersey Special Civil Part Jury Trial Submissions – Voir Dire Questions, Statements Of The Case, Jury Interrogatories, Jury Charges, New Jersey Special Civil Part Trial Briefs And Motions In Limine

To get a quote to prepare your New Jersey Special Civil Part paperwork or to give you assistance for your trial, call Paul DePetris at 609-714-2020 or email him @ 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.



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