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
HOW 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. Notice of Motion (including the Certification of Service at the bottom of the Notice of Motion)
2. Certification in Support of the Motion
3. Order
2. 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).
3. 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 Fa ilure to Answer Interrogatories.
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 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 www.njcourtsonline.com. However, you are ultimately responsible for the content of
your court papers.
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CIVIL – SCP
HOW TO FILE A MOTION IN THE SPECIAL CIVIL PART
THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
TRY TO GET 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 C ourt staff for a
list of lawyer referral services that include these
organizations.
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.
- 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.
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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.
Complaint: 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.
Default: 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.
Defendant: The defendant is the person (party) against whom the court action
(complaint) was filed.
Docket Number: The number the court assigned t o this case when the complaint was
filed. The docket number is lis ted on the complaint and answer.
File: To file means to give the appropriate forms and fee to the court to begin
the court’s consideration of your request .
Judgment: A judgment is the official decision of a court in a case.
Motion: 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.
Oral Argument: Personally appearing in court to explain what you want the court
to do.
Order: An order is a signed paper from the judge telling someone they must do
something.
Party : A party is a person, business or governmental agency involved in a court
action.
Plaintiff: The plaintiff is the person (party) who starts the court action by filing the
complaint.
Return Date: Return date is the date the parties are ordered to appear in court .
Service: Mailing or delivering copies of your papers to the lawyer for the other
party or to the other party if there is no lawyer .
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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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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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FORM A
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name
County
Address Docket Number
City, State, Zip Code
Telephone Number
VS.
Defendant’s Name
Address
City, State, Zip Code
Telephone 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: Yes No
Indicate Language:
An accommodation for a disability Yes No
Requested accommodation:,
PLEASE TAKE NOTICE that I will apply to the Superior Court of New Jersey, Law Division,
Special Civil Part County located at NJ,
(Courthouse Address)
in the above entitled matter for an Order to:
(Zip Code)
Permit Discovery Amend Judgment
Vacate Dismissal/Reinstate Complaint Enter Judgment Out of Time
Amend Complaint
Amend Answer
Other (Specify)
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) Plaintiff Defendant
(Continued on next page)
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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
Telephone Number
VS.
Defendant’s Name (first, middle, last)
Address
City, State, Zip Code
Telephone Number
CIVIL ACTION
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)
of full age, being the (check one) Plaintiff Defendant in the
(Your Name)
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)
Address
City, State, Zip Code
Telephone Number
CIVIL ACTION
ORDER
This matter being opened to the court by the (check one)
(Your Name)
Plaintiff Defendant in the case by way of motion seeking an order to:
Permit Discovery Amend Judgment
Vacate Dismissal/Reinstate Complaint Enter Judgment Out of Time
Amend Complaint Vacate Default/Vacate Default Judgment
Amend Answer Other (Specify)
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 day of 20 :
it is ORDERED that
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 days of the date listed above.
This motion was:
Opposed Unopposed ,
J.S.C.
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