Free OTSC AS ORIGINAL PROCESS ­ SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE ... - New Jersey


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OTSC AS ORIGINAL PROCESS ­ SUBMITTED WITH NEW COMPLAINT PRELIMINARY INJUNCTIVE RELIEF PURSUANT TO RULE 4:52-1 ­ NO TRO

SUPERIOR COURT OF NEW JERSEY _________ DIVISION ______ COUNTY _____________ PART [Insert the plaintiff's name], Plaintiff(s), v. [Insert the defendant's name], Defendant(s). ORDER TO SHOW CAUSE PRELIMINARY INJUNCTION PURSUANT TO RULE 4:52 Docket No.: CIVIL ACTION

THIS MATTER being brought before the Court by __________________, attorney for plaintiff, [insert the plaintiff's name], seeking relief by way of preliminary injunction at the return date set forth below pursuant to R. 4:52, based upon the facts set forth in the verified complaint filed herewith and for good cause shown. It is on this ____ day of _____________ ORDERED that defendant(s), [insert the

defendant's name], appear and show cause before the Superior Court at the _______ County

Courthouse in _____________, New Jersey at _____ o'clock in the _____ noon or as soon thereafter as counsel can be heard, on the ________day of ____________________, 20 __ why an order should not be issued preliminarily enjoining and restraining [insert the defendant's name] from A. [Set forth with specificity the return date relief that the plaintiff is seeking.]; B. _____________________________________; C. ______________________________________; D. Granting such other relief as the court deems equitable and just. And it is further ORDERED that:

1.

A copy of this order to show cause, verified complaint, legal memorandum and

any supporting affidavits or certifications submitted in support of this application be served upon the defendant(s) [personally or alternate: describe form of substituted service] within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 2. The plaintiff must file with the court his/her/its proof of service of the pleadings

on the defendant no later than three (3) days before the return date. 3. Defendant(s) shall file and serve a written response to this order to show cause

and the request for entry of injunctive relief and proof of service by ___________________, 20__. The original documents must be filed with the clerk of the Superior Court in the county listed above. A list of these offices is provided. You must send a copy of your opposition papers directly to Judge ___________________, whose address is ____________________________, New Jersey. You must also send a copy of your opposition papers to the plaintiff's attorney whose name and address appears above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay the required fee of $ ________ and serve your opposition on your adversary, if you want the court to hear your opposition to the injunctive relief the plaintiff is seeking. 4. The plaintiff must file and serve any written reply to the defendant's order to

show cause opposition by _________________, 20__. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge _____________________. 5. If the defendant does not file and serve opposition to this order to show cause, the

application will be decided on the papers on the return date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. 6. If the plaintiff has not already done so, a proposed form of order addressing the

relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the court no later than three (3) days before the return date. 7. Defendant take notice that the plaintiff has filed a lawsuit against you in the

Superior Court of New Jersey. The verified complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written

answer to the complaint and proof of service within 35 days from the day of service of this order to show cause; not counting the day you received it. These documents must be fled with the Clerk of the Superior Court in the county listed above. A list of these offices is provided. Include a $______ filing fee payable to the "Treasurer State of New Jersey." You must also send a copy of your Answer to the plaintiff's attorney whose name and address appear above, or to the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered against you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the Court may enter a default against you for the relief plaintiff demands. 8. If you cannot afford an attorney, you may call the Legal Services office in the

county in which you live. A list of these offices is provided. If you do not have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. 9. The Court will entertain argument, but not testimony, on the return date of the

order to show cause, unless the court and parties are advised to the contrary no later than _____ days before the return date.

______________________________ J.S.C.

ATLANTIC COUNTY: Deputy Clerk of the Superior Court Civil Division, Direct Filing 1201 Bacharach Blvd., First Fl. Atlantic City, NJ 08401 BERGEN COUNTY: Deputy Clerk of the Superior Court Case Processing Section, Room 119 Justice Center, 10 Main St. Hackensack, NJ 07601-0769 BURLINGTON COUNTY: Deputy Clerk of the Superior Court Central Processing Office Attn: Judicial Intake First Fl., Courts Facility 49 Rancocas Rd. Mt. Holly, NJ 08060 CAMDEN COUNTY: Deputy Clerk of the Superior Court Civil Processing Office 1st Fl., Hall of Records 101 S. Fifth St. Camden, NJ 08103 CAPE MAY COUNTY: Deputy Clerk of the Superior Court 9 N. Main Street Box DN-209 Cape May Court House, NJ 08210 CUMBERLAND COUNTY: Deputy Clerk of the Superior Court Civil Case Management Office Broad & Fayette Sts., P.O. Box 615 Bridgeton, NJ 08302 ESSEX COUNTY: Deputy Clerk of the Superior Court 50 West Market Street Room 131 Newark, NJ 07102 GLOUCESTER COUNTY: Deputy Clerk of the Superior Court Civil Case Management Office Attn: Intake First Fl., Court House 1 North Broad Street, P.O. Box 129 Woodbury, NJ 08096 HUDSON COUNTY: Deputy Clerk of the Superior Court Superior Court, Civil Records Dept. Brennan Court House-- 1st Floor 583 Newark Ave. Jersey City, NJ 07306 HUNTERDON COUNTY: Deputy Clerk of the Superior Court Civil Division 65 Park Avenue Flemington, NJ 08822 MERCER COUNTY: Deputy Clerk of the Superior Court Local Filing Office, Courthouse 175 S. Broad Street, P.O. Box 8068 Trenton, NJ 08650

LAWYER REFERRAL (609) 345-3444 LEGAL SERVICES (609) 348-4200

LAWYER REFERRAL (201) 488-0044 LEGAL SERVICES (201) 487-2166

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LAWYER REFERRAL (609) 585-6200 LEGAL SERVICES (609) 695-6249

MIDDLESEX COUNTY: Deputy Clerk of the Superior Court Administration Building Third Floor 1 Kennedy Sq., P.O. Box 2633 New Brunswick, NJ 08903-2633

LAWYER REFERRAL (732) 828-0053 LEGAL SERVICES (732) 249-7600

MONMOUTH COUNTY: Deputy Clerk of the Superior Court Court House 71 Monument Park P.O. Box 1269 Freehold, NJ 07728-1269 MORRIS COUNTY: Deputy Clerk of the Superior Court Civil Division 30 Schuyler Pl., P.O. Box 910 Morristown, NJ 07960-0910 OCEAN COUNTY: Deputy Clerk of the Superior Court Court House, Room 119 118 Washington Street Toms River, NJ 08754 PASSAIC COUNTY: Deputy Clerk of the Superior Court Civil Division Court House 77 Hamilton St. Paterson, NJ 07505 SALEM COUNTY: Deputy Clerk of the Superior Court 92 Market St., P.O. Box 18 Salem, NJ 08079 SOMERSET COUNTY: Deputy Clerk of the Superior Court Civil Division Office New Court House, 3rd Fl. P.O. Box 3000 Somerville, NJ 08876 SUSSEX COUNTY: Deputy Clerk of the Superior Court Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 UNION COUNTY: Deputy Clerk of the Superior Court 1st Fl., Court House 2 Broad Street Elizabeth, NJ 07207-6073 WARREN COUNTY: Deputy Clerk of the Superior Court Civil Division Office Court House 413 Second Street Belvidere, NJ 07823-1500

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LAWYER REFERRAL (908) 353-4715 LEGAL SERVICES (908) 354-4340 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 475-2010