Free How to File a Motion in the Special Civil Part - New Jersey

CIVIL ­ SCP HOW TO FILE A MOTION IN THE SPECIAL CIVIL PART UPDATED JUNE 2008

HOW TO USE THIS ONLINE
You may fill in the information required in this packet on your screen, save it to your local drive and print it out on your local printer OR you may print out the packet and complete the forms by hand or typewriter.

The information you enter is NOT submitted electronically.
Completed forms are to be submitted to the county where your judgment was entered. A list of Superior Court Offices is provided at the customer counter or at www.njcourtsonline.com

CIVIL ­ SCP H OW TO FILE A MOTION IN THE SPECIAL CIVIL PART

HOW TO FILE A MOTION IN THE SPECIAL CIVIL PART
A MOTION is a written request which asks the court to issue an order or to change an order the court has already issued. WHO SHOULD USE THIS PACKET? You may use this packet if you want to file certain motions in the Special Civil Part, for example, a motion to permit discovery, to vacate a dismissal or to vacate a default or default judgment. 1. GENERAL REQUIREMENTS FOR FILING A MOTION: When you file a motion, you must submit the following papers contained in this packet: 1. 2. 3. 2. Notice of Motion (including the Certification of Service at the bottom of the Notice of Motion) Certification in Support of the Motion Order

FEES: There is no fee for filing a motion in the Special Civil Part except in relation to filing a motion to vacate a default or a default judgment (step #6, page 4). EXCEPTIONS: DO NOT use this packet if you want to file a motion for any one of the following: Motion to Enforce Litigants' Rights Motion to Turn Over Funds Motion for Summary Judgment Motion to Strike a Party's Pleading for Failure to Answer Interrogatories.

3.

If you want to file any one of the four motions above, ask the court staff how you may proceed.
Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by selfrepresented 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 www.njcourtsonline.com. However, you are ultimately responsible for the content of your court papers.

Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part)

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CIVIL ­ SCP H OW TO FILE A MOTION IN THE SPECIAL CIVIL PART

THINGS TO THINK A BOUT BEFORE YOU REPRESENT YOURSELF IN C OURT
TRY TO G ET A LAWYER
The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found in your local yellow pages under Legal Aid or Legal Services. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and who may sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your Superior Court staff for a list of lawyer referral services that include these organizations. - We can provide you with samples of court forms that are available. - We can provide you with guidance on how to fill out forms. - We can usually answer questions about court deadlines. - We cannot give you legal advice. Only your lawyer can give you legal advice. - We cannot tell you whether or not you should bring your case to court. - We cannot give you an opinion about what will happen if you bring your case to court. - We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. - We cannot talk to the judge for you about what will happen in your case. - We cannot let you talk to the judge outside of court. - We cannot change an order issued by a judge.

KEEP COPIES OF ALL P APERS
Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs, and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary.

WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF
While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. - We can explain and answer questions about how the court works. - We can tell you what the requirements are to have your case considered by the court. - We can give you some information from your case file.

Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part)

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CIVIL ­ SCP HOW TO F ILE A MOTION IN THE SPECIAL CIVIL PART

Definitions of Words That May Be Used In This Packet

Answer:

An answer is a written response which explains why you believe you do not owe the money to the other party in the case. A complaint is a written document in which you briefly tell the court the facts in your case and the remedy you want the court to give you. When the defendant does not appear in court to respond to the complaint or does not file an answer, a judge may immediately enter an order giving a remedy to the plaintiff. This is called a default. Also, if the plaintiff does not show up in court, the court may dismiss the case. The defendant is the person (party) against whom the court action (complaint) was filed. The number the court assigned to this case when the complaint was filed. The docket number is listed on the complaint and answer. To file means to give the appropriate forms and fee to the court to begin the court's consideration of your request. A judgment is the official decision of a court in a case. A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Personally appearing in court to explain what you want the court to do. An order is a signed paper from the judge telling someone they must do something. A party is a person, business or governmental agency involved in a court action. The plaintiff is the person (party) who starts the court action by filing the complaint. Return date is the date the parties are ordered to appear in court. Mailing or delivering copies of your papers to the lawyer for the other party or to the other party if there is no lawyer.

Complaint:

Default:

Defendant:

Docket Number:

File:

Judgment: Motion:

Oral Argument:

Order:

Party:

Plaintiff:

Return Date: Service:

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CIVIL ­ SCP How to File a Motion in the Special Civil Part

How to File a Motion in the Special Civil Part The numbered steps listed below tell you about what forms you will need to fill out and what to do with them. Each form must be typed or printed clearly on 8 1/2" X 11" white paper only. Forms may not be filed on a different size or color paper. STEP 1: Fill out the NOTICE OF MOTION (FORM A) The Notice of Motion tells the court what you want the court to do. Make sure to include the docket number of your case and sign your name where requested. (Step 4 explains how to complete the Certification of Service at the bottom of Form A.). STEP 2: Fill out the CERTIFICATION IN SUPPORT OF A MOTION (FORM B) The Certification in Support of a Motion tells the court why you think you are entitled to what you are asking for in your Notice of Motion. Attach any additional copies of documents that you have that may help support your motion. STEP 3: Fill out the top portion of the ORDER (FORM C) The Order is the document that grants or denies what you are asking for in the case. You must fill out the top portion of the Order. The instructions will tell you how. Leave the bottom half of the Order blank for the judge to complete. STEP 4: Fill out the CERTIFICATION OF SERVICE. The Certification of Service is located at the bottom of FORM A. All parties to the case are required to receive a copy of this motion. The date you put on your Certification of Service MUST be the same day you personally give these papers to the other party or his or her lawyer OR you deliver these papers to the post office for mailing. (See the instructions for FORM A for more information about this.) STEP 5: Check your completed forms Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms where you are asked to sign them. You must have all of the following items in this order: Notice of Motion (FORM A) Certification of Service signed and dated (FORM A, second page) Certification in Support of the Motion (Form B) Order (FORM C) STEP 6: Filing Fee There is no fee for filing a motion in the Special Civil Part; except that, if you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey. You may contact the Clerk of the Special Civil Part to find out the amount of the fee. STEP 7: Mail or deliver your package of completed papers to the court and all other parties in the case. You can deliver or mail your motion papers to the court. You must mail the motion to all other parties in the case by certified mail, return receipt requested and regular mail. You will receive a green receipt card which can serve as proof that you mailed the motion to the other party. Your post office
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Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part)

CIVIL ­ SCP How to File a Motion in the Special Civil Part

can tell you how to send certified mail, return receipt requested. In the motion papers you mail to the court, include two more additional copies of the Order along with original motion papers and a self-addressed, stamped envelope. The court will return the extra copies of the Order to you along with the court's decision only if a self-addressed stamped envelope is provided. When you receive a copy of the court's Order signed by the judge, you are required, as the moving party, to provide a copy to all other parties involved in this motion. STEP 8: Requesting Oral Argument You may ask for oral argument, which means you are asking to personally appear in court to explain what you want the court to do. Motions may be decided by the judge without oral argument unless one of the parties requests it and the judge grants that request. Even if no one requests oral argument, the court may still require oral argument. If there is to be oral argument, you will be notified of the time, date, and place. Check whether or not you want to request oral argument on the Notice of Motion. (FORM A) Make enough copies of the forms so that you will have two copies for every party in the case (one for certified mail and one for regular mail) including yourself. Mail or deliver all of the original motion papers to the court (FORM A, FORM B, FORM C). Note: Make certain that you have signed all forms which require your signature. Keep at least one copy of the completed motion packet for your own records.

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Print All Forms

Clear All Forms

FORM A

SUPERIOR COURT OF NEW JERSEY LAW DIVISION SPECIAL CIVIL PART
Plaintiff's Name

County
Address City, State, Zip Code Telephone Number VS. Defendant's Name

Docket Number

CIVIL ACTION
NOTICE OF MOTION
I do not request Oral Argument I request Oral Argument If you requested Oral Argument do you wish to request: An Interpreter: Indicate Language: Yes No

Address City, State, Zip Code

Telephone Number

An accommodation for a disability Requested accommodation:,

Yes

No

PLEASE TAKE NOTICE that I will apply to the Superior Court of New Jersey, Law Division, Special Civil Part
(Zip Code)

County located at
(Courthouse Address)

NJ,

in the above entitled matter for an Order to:

Permit Discovery Vacate Dismissal/Reinstate Complaint Amend Complaint Amend Answer Other (Specify)

Amend Judgment Enter Judgment Out of Time Vacate Default/Vacate Default Judgment
(must include answer, any cross-claims or counterclaims, and the application fee; see step 6 on page 4)

NOTICE: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if not represented by an attorney. If you do not notify the Clerk and the undersigned in writing within ten (10) days of service of the motion that you object to entry of the order sought, the court, in its discretion, may enter the order against you without a hearing.

Date

Signature Type or Print Your Name

(Check One) (Continued on next page)
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part)

Plaintiff

Defendant

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FORM A (Second Page)

CERTIFICATION OF SERVICE
I certify that I served a copy of this motion and any accompanying pages (check one) Personally on the person(s) or attorney(s) listed below.

By mailing it to the person(s) or attorney(s) listed below by regular and certified mail. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

(Name)

(Name)

(Certified Mail Number)

(Certified Mail Number)

(Address)

(Address)

(City, State & Zip Code)

(City, State & Zip Code)

(Name)

(Name)

(Certified Mail Number)

(Certified Mail Number)

(Address)

(Address)

(City, State & Zip Code)

(City, State & Zip Code)

Date

Signature Type or Print Your Name

(Check One)

Plaintiff

Defendant

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FORM B

SUPERIOR COURT OF NEW JERSEY LAW DIVISION SPECIAL CIVIL PART
Plaintiff's Name (first, middle, last)

County
Address

Docket Number
City, State, Zip Code

CIVIL ACTION
Telephone Number VS. Defendant's Name (first, middle, last)

CERTIFICATION IN SUPPORT OF MOTION TO:
Permit Discovery Amend Judgment Vacate Dismissal/Reinstate Complaint Enter Judgment Out of Time Amend Complaint Vacate Default/Vacate Default Judgment (must include answer, any cross-claims or counterclaims, and the application fee; see step 6 on page 4) Amend Answer Other (Specify)

Address City, State, Zip Code

Telephone Number

of full age, being the (check one)
(Your Name)

Plaintiff

Defendant in the

above case states:

You may attach more sheets if you need to, but you must copy the certification language below onto any additional sheets you use, and you must sign and date each additional sheet. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Date: _____________________ Signature: _________________________ ___________________________________
(Type or Print Name)

Check One:

Plaintiff

Defendant

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FORM C SUPERIOR COURT OF NEW JERSEY LAW DIVISION SPECIAL CIVIL PART
Plaintiff's Name (first, middle, last)

County
Address

Docket Number

City, State, Zip Code Telephone Number VS. Defendant's Name (first, middle, last)

CIVIL ACTION ORDER

Address City, State, Zip Code

Telephone Number

This matter being opened to the court by
(Your Name)

the (check one)

Plaintiff

Defendant in the case by way of motion seeking an order to: Amend Judgment Enter Judgment Out of Time Vacate Default/Vacate Default Judgment Other (Specify)

Permit Discovery Vacate Dismissal/Reinstate Complaint Amend Complaint Amend Answer

and the court having considered the motion, pleadings on file and/or argument of the moving party and for good cause appearing; (Do not write below this line, for court use only)

On this it is ORDERED that

day of

20

:

it is FURTHER ORDERED that a copy of this Order be served by the moving party upon all other parties or their attorneys, if any, within This motion was: Opposed Unopposed J.S.C.
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days of the date listed above.

,

Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part)