Free Order to Show Cause Summary Action - New Jersey


File Size: 192.7 kB
Pages: 5
File Format: PDF
State: New Jersey
Category: Court Forms - State
Author: New Jersey Judiciary - Civil Practice Division
Word Count: 1,585 Words, 9,700 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.judiciary.state.nj.us/civil/forms/10704.pdf

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Preview Order to Show Cause Summary Action
OSC AS ORIGINAL PROCESS SUMMARY ACTION PURSUANT TO R 4:67-1(A) FAMILY PART R. 5:4-3(b) SUBMITTED WITH NEW COMPLAINT

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 SUMMARY ACTION 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 summary action pursuant to R. 4:671(a), based upon the facts set forth in the verified complaint filed herewith; and the Court having determined that this matter may be commenced by order to show cause as a summary proceeding pursuant to [insert the statute or court rule that permits the matter to be brought as a summary action] and for good cause shown. IT IS on this ______ day of ________________, 20__, ORDERED that the [defendant(s)
or alternate: parties in interest], [insert defendant's or parties in interest name(s)], appear and show cause

on the ________day of ____________________, 20___ 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, why judgment should not be entered for: 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 and all supporting

affidavits or certifications submitted in support of this application be served upon the

[defendant(s) or alternate: parties in interest], [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(s) or alternate: parties in interest] no later than three (3) days before the return date. 3. [Defendant(s) or alternate: Parties in interest] shall file and serve a written answer,

[an answering affidavit or a motion returnable on the return date] [Family Part alternate: appearance or response] to this order to show cause and the relief requested in the verified complaint and proof of service of the same by _________________, 20__. The answer, [answering affidavit or a motion] [Family Part alternate: appearance, response], as the case may be, must be filed with the Clerk of the Superior Court in the county listed above and a copy of the papers must be sent directly to the chambers of Judge _____________________. 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(s) or alternate: parties in interest], do/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(s) or alternate: parties in interest] take notice that the plaintiff has filed a

[lawsuit] [Family Part alternate: divorce action] against [you][the estate of _________] 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, [an answering affidavit or a motion returnable on the return date to the order to show cause] [Family Part alternate: appearance or response] and proof of service before the return date of the order to show cause.

These documents must be fled with the Clerk of the Superior Court [Surrogate] in the county listed above. A list of these offices is provided. Include a $ ________ filing fee payable to the "Treasurer State of New Jersey [Surrogate of ________ County]." You must also send a copy of your answer, [answering affidavit or motion] [Family Part alternate: appearance or response] 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, [answering affidavit or motion] [Family Part alternate: appearance or response] (with the fee) or judgment may be entered against you by default. 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

LAWYER REFERRAL (609) 261-4862 LEGAL SERVICES (609) 261-1088

LAWYER REFERRAL (856) 964-4520 LEGAL SERVICES (856) 964-2010

LAWYER REFERRAL (609) 463-0313 LEGAL SERVICES (609) 465-3001

LAWYER REFERRAL (856) 692-6207 LEGAL SERVICES (856) 451-0003

LAWYER REFERRAL (973) 622-6207 LEGAL SERVICES (973) 624-4500

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LAWYER REFERRAL (201) 798-2727 LEGAL SERVICES (201) 792-6363

LAWYER REFERRAL (908) 735-2611 LEGAL SERVICES (908) 782-7979

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

LAWYER REFERRAL (732) 431-5544 LEGAL SERVICES (732) 866-0020

LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 285-6911

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LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 383-7400

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