How to File a Motion in the Superior Court of New Jersey ...

1 Law-Civil-Part Response 4/27/05. HOW TO FILE A RESPONSE TO A Motion IN THE Superior . Court OF NEW Jersey - LAW DIVISION CIVIL PART. WHO SHOULD USE THIS PACKET. You should use this packet if you are a party to a lawsuit and you have received a Notice of Motion and supporting documents from another party in your case and you want to object to what that person is asking for. Unless you have received a Motion for summary judgment, you MUST respond to the moving papers at least 8 days before the return date listed on the Notice of Motion . A summary judgment Motion requires that the response be filed at least 10 days before the return date.

2 Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and Court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site ( ). However, you are ultimately responsible for the content of your Court papers. Send your completed forms to: THINGS TO THINK ABOUT BEFORE YOU TRY TO. REPRESENT YOURSELF IN Court . TRY TO GET A LAWYER need to prove your claims or defenses at The Court system can be confusing and it is trial; or information on other procedural and a good idea to get a lawyer if you can.

3 The evidentiary rules governing civil law suits. law, the proofs necessary to present your case, and the procedural rules governing WHAT YOU SHOULD EXPECT IF YOU. cases in the Law Division, Civil Part are REPRESENT YOURSELF. complex. Since valuable claims or While you have the right to represent potentially heavy judgments may be at yourself in Court , you should not expect stake, most litigants appearing in the Law special treatment, help, or attention from the Division, Civil Part have a lawyer. If you are Court . The following is a list of some things being sued, please contact your insurance the Court staff can and cannot do for you.

4 Company to see if they might provide a Please read it carefully before asking the lawyer for you. Most likely your opponent Court staff for help. will be represented by a lawyer. It is recommended that you make every effort to - We can explain and answer questions obtain the assistance of a lawyer. If you about how the Court works. cannot afford a lawyer, you may contact the - We can tell you what the requirements are legal services program in your county to see to have your case considered by the Court . if you qualify for free legal services. Their - We can give you some information from telephone number can be found in your your case file.

5 Local yellow pages under Legal Aid or - We can provide you with samples of Court Legal Services. forms that are available. If you do not qualify for free legal services - We can provide you with guidance on how and need help in locating an attorney, you to fill out forms. can contact the bar association in your - We can usually answer questions about county. That number can also be found in Court deadlines. your local yellow pages. Most county bar - We cannot give you legal advice. Only associations have a Lawyer Referral your lawyer can give you legal advice. Service.

6 The County Bar Lawyer Referral - We cannot tell you whether or not you Service can supply you with the names of should bring your case to Court . attorneys in your area willing to handle your - We cannot give you an opinion about what particular type of case and will sometimes will happen if you bring your case to consult with you at a reduced fee. There Court . are also a variety of organizations of - We cannot recommend a lawyer, but we minority lawyers throughout New Jersey , as can provide you with the telephone well as organizations of lawyers who handle number of a local lawyer referral service.

7 Specialized types of cases. Ask your county - We cannot talk to the judge for you about Court staff for a list of lawyer referral what will happen in your case. services that include these organizations. - We cannot let you talk to the judge outside of Court . If you decide to proceed without an - We cannot change an order issued by a attorney, these materials explain the judge. procedures that must be followed to have your papers properly filed and considered by the Court . These materials do not KEEP COPIES OF ALL PAPERS. provide information on the law governing Make and keep for yourself copies your claims or defenses; information on how of all completed forms and any canceled to conduct pretrial discovery; information on checks, money orders, sales receipts, bills, alternative dispute resolution procedures, contract estimates, letters, leases, such as arbitration or mediation, that may photographs and other important be available or required in your case; documents that relate to your case.

8 Bring information on the kinds of evidence you all documents to Court if you are notified that an appearance is necessary. Definitions of Words Used in This Package Adversary Your adversary in a law suit is the person or persons whose position is opposite to you. In a case in which there is only a plaintiff and a defendant and you are the plaintiff, your adversary is the defendant. Likewise, if you are the defendant, your adversary is the plaintiff. In this packet, service on your adversary means service on the attorney(s) representing your adversary or adversaries and/or on any party(ies) not represented by counsel.

9 Brief - A brief is a written argument submitted to the Court in which you present the facts and the history of your case and the legal argument supporting the request you have made to the Court in your Motion . Calendar Motion - A calendar Motion asks the Court for a ruling related to the scheduling or timing of your case, such as a Motion for more time to file papers. Before filing a calendar Motion , the moving party must try to resolve the matter with the other party(ies) in the case. Certification - A certification is a written statement you make when you file your papers with the Court in which you state that all the information contained in the papers is true to the best of your knowledge.

10 Discovery Motion - A discovery Motion asks the Court for a ruling on some phase of the discovery process such as a Motion for more specific answers to interrogatories, a Motion to compel depositions. Before filing a discovery Motion , the moving party must try to resolve the matter with the other party in the case. Docket Number - The docket number is the number the Court assigns to your case so that it may be identified and located easily. Once you have a docket number, you must include it on all your communications with the Court . Motion - A Motion is an application to the Court for a specific order or ruling to be made in favor of the person making the Motion (the movant).