CIVIL – SCP
MOTION TO DISMISS/
SUPPRESS – FAILURE
TO ANSWER
INTERROGATORIES
DECEMBER 28, 2006
HOW TO FILE A MOTION TO DISMISS THE COMPLAINT OR TO STRIKE
THE ANSWER FOR FAILURE TO ANSWER INTERROGATORIES IN THE
SPECIAL CIVIL PART
A MOTION is a written request that 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 only in cases where the other party has failed to provide you
with complete answers to interrogatories and you have either (a) made an unsuccessful
attempt to confer with that party to get the answers or (b) sent the party a letter stating
that continued failure to answer the interrogatories will result in a motion being made to
dismiss the complaint or to strike the answer.
GENERAL REQUIREMENTS FOR FILING A MOTION:
When you file a motion, you must complete and submit the following papers, all
of which are contained in this packet:
1. Notice of Motion
2. Certification in Support of the Motion
3. Certification of Service
4. Order
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.
Send your completed forms to:
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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
county court 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 PAPERS
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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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 to this case when the complaint
was filed. The docket number is listed 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 started the court action by filing
the complaint.
Return Date: 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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HOW TO FILE A MOTION IN THE SPECIAL CIVIL PART
The numbered steps listed below tell you
what forms you will need to fill out and what to
do with them.
Each form should be typed or clearly printed
on 8 1⁄2” x 11” white paper only.
STEPS FOR FILING YOUR MOTION IN
THE SPECIAL CIVIL PART
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. You
must attach a copy of any document to which
you refer in the certification. Attach copies of
any additional documents 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) and attached copies of
documents
__ Order (Form C)
STEP 6: 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 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
case.
STEP 7: 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
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Motions may be decided by the judge without
oral argument unless the motion is opposed and
one of the parties requests it. 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 date, time
and place. Check whether or not you want to
request oral argument on the Notice of Motion.
(FORM A)
CHECKLIST:
__ 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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INSTRUCTIONS FOR COMPLETING FORM A
(NOTICE OF MOTION)
A. Type or print the Plaintiff’s name, current address and telephone number where Form A asks you to
do so at the top of the form. If you are the Plaintiff in the case, type or print your name, current
address and telephone number. If you are not the Plaintiff, type or print the name, current address
and telephone number of the person who is the Plaintiff.
B. Type or print the Defendant’s name, current address and telephone number where Form A asks you
to do so. If you are the Defendant in the case type or print your name, current address and telephone
number. If you are not the Defendant, type or print the name, current address and telephone number
of the person who is the Defendant.
C. Where it says County, type or print the name of the county where you are filing your motion.
D. Where it says Docket No., fill in the docket number of your case. (You can get this number from the
Complaint or Answer you received in the case, or, if necessary, you can call the court for this
information.)
E. Check off whether or not you want to request Oral Argument. (See Step 7 on page 6 for more
information about oral argument.)
F. Where it says: “Please Take Notice,” type or print the name of the county where you are filing your
motion and put in the address of the courthouse.
G. Where it lists the various motions you may file in the case, put a check next to the motion you want to
file.
H. Sign and date the form where it asks you to do so and check whether you are the Plaintiff or
Defendant.
I. IMPORTANT NOTE: Certification of Service (See Step 4 on page 5): Fill in the required
information being sure to include the certified mail number(s) and the person(s) to whom Forms A, B
and C were sent or personally delivered. Sign your name on the line above where it says Signature.
Type or print your name above the line that says Type or Print Name. Fill in the date you are signing
the form. When you sign and date this form, the date you put down MUST be the same date
that you personally gave these papers to the other party or his or her lawyer OR the date that
you delivered these papers to the post office.
Review all steps to make sure the forms are properly filled out and complete before mailing
(certified mail, return receipt requested and regular mail - see step 6 on page 5). (Keep copies of
the completed forms for your records.)
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INSTRUCTIONS FOR COMPLETING FORM B
(CERTIFICATION IN SUPPORT OF A MOTION)
A. Type or print the Plaintiff’s name, address and telephone number where Form B asks you to do so at
the top of the form. If you are the Plaintiff in the case, type or print your name, current address and
telephone number. If you are not the Plaintiff, type or print the name, current address and telephone
number of the person who is the Plaintiff.
B. Type or print the Defendant’s name, current address and telephone number where Form B asks you
to do so. If you are the Defendant in the case, type or print your name, current address and
telephone number. If you are not the Defendant, type or print the name, current address and
telephone number of the person who is the Defendant.
C. Where it says County, type or print the name of the county where you are filing your motion.
D. Where it says Docket No., fill in the docket number of your case. (You can get this number from the
Complaint or Answer you received in the case, or, if necessary, you can call the court for this
information.)
E. In the section which lists the various motions, below “Certification in Support of a Motion To,” put a
check next to the motion you want to file in the case. What you check off here must be what you
checked off on Form A.
F. In the blank spaces, give the reasons why you think your motion should be granted.
G. If you need additional pages to complete your motion, you may attach additional sheets of 8 1⁄2 " x 11"
white paper.
If you do attach additional sheets, you must also copy at the bottom of those sheets the language:
“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.”
You must sign, date and type or print your name below the language above which you must put at the bottom of
each additional page you use. Also, type or print whether you are the Plaintiff or Defendant.
H. Complete the paragraph regarding your attempts to confer with the other party to get answers to your
interrogatories or the letter you sent to that party stating that you would file this motion without further attempt
to resolve the matter.
I. Sign and date the form where it asks you to do so and check whether you are the Plaintiff or Defendant.
Review all steps to make sure the forms are properly filled out and complete before mailing (certified
mail, return receipt requested and regular mail - see step 6 on page 5). (Keep copies of the completed
forms for your records.)
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INSTRUCTIONS FOR COMPLETING FORM C
(ORDER)
A. Type or print the Plaintiff’s name, address and telephone number where FORM C asks you to do
so at the top of the form. If you are the Plaintiff in the case, type or print your name, current
address and telephone number. If you are not the Plaintiff, type or print the name, current
address and telephone number of the person who is the Plaintiff.
B. Type or print the Defendant’s name, current address and telephone number where FORM C asks
you to do so. If you are the Defendant in the case, type or print your name, current address and
telephone number. If you are not the Defendant, type or print the name, current address and
telephone number of the person who is the Defendant.
C. Where it says County, type or print the name of the county where you are filing your motion.
D. Where it says Docket No., fill in the docket number of your case. (You can get this number from
the Complaint or Answer you received in the case, or, if necessary, you can call the court for this
information.)
E. Check off the type of motion you are filing. What you check off here must be what
you checked off on FORM A and FORM B. If you check “Other,” you must again type or print the
name of the motion you are filing.
F. Leave the form blank where it says, “Do not write below this line-for court use only.” The judge
will complete this section.
Review all steps to make sure the forms are properly filled out and complete before mailing
(certified mail, return receipt requested and regular mail - see step 6 on page 5). (Keep
copies of the completed forms for your records.)
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FORM A
NOTICE OF MOTION
Plaintiff’s Name SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, SPECIAL CIVIL PART
Address COUNTY
_______________________________
City, State and Zip Code DOCKET NO.:
Telephone No.:
CIVIL ACTION
vs.
NOTICE OF MOTION
Defendant’s Name I DO NOT request Oral Argument
I request Oral Argument
Address
If you requested Oral Argument do you wish
City, State and Zip Code to request:
Telephone No.: An interpreter: Yes No
Indicate Language:
An accommodation for a disability: Yes No
PLEASE TAKE NOTICE that I will apply to the Superior Court of New Jersey, Law Division, Special Civil Part
County located at ,
(Courthouse Address)
NJ, in the above entitled matter for an Order to:
(Zip code)
Dismiss Complaint for failure to answer interrogatories
Strike Answer for Failure to Answer Interrogatories
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.
We are requesting that your complaint be dismissed or your answer not be considered for failure to answer
the interrogatories (questions) we sent you. In order to avoid this you must, within 10 days, either (a) send us
answers to the questions and inform the court that you have fully answered the questions; or, (b) respond to
the motion. If you choose to respond, you must state your opposition in writing and send copies to us and to
the court.
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 Name:
Check One: Plaintiff Defendant
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FORM B
CERTIFICATION IN SUPPORT OF A MOTION
SUPERIOR COURT OF NEW JERSEY
Plaintiff’s Name LAW DIVISION, SPECIAL CIVIL PART
COUNTY
Address DOCKET NO.:
City, State and Zip Code
Telephone No.: CIVIL ACTION
vs. CERTIFICATION IN SUPPORT OF A MOTION TO
Strike Answer for Failure to Answer Interrogatories
Dismiss for Failure to Answer Interrogatories
Defendant’s Name
Address
City, State and Zip Code
Telephone No.:
, of full age, being the (check one) Plaintiff Defendant in the above case, states:
(Your Name)
(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)
On ______, 20__, I (check one):
__ made an unsuccessful attempt to confer with the other party to get the answers to my interrogatories.
__ sent the other party a letter (copy attached) stating that continued failure to answer the interrogatories would
result in a motion to (check one) __dismiss the complaint, or __ suppress the answer without further attempt to
resolve the matter.
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
ORDER
SUPERIOR COURT OF NEW JERSEY
Plaintiff’s Name LAW DIVISION, SPECIAL CIVIL PART
COUNTY
Address DOCKET NO.:
City, State and Zip Code
Telephone No.:
v.
CIVIL ACTION
ORDER
Defendant’s Name
Address
City, State and Zip Code
Telephone No.:
This matter being opened to the court by , the (check one) Plaintiff
(Your name)
Defendant in the matter by way of motion seeking an order to:
Strike Answer for Failure to Answer Interrogatories
Dismiss for Failure to Answer Interrogatories
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:
This order can be vacated only by a formal motion. You must supply fully responsive and certified answers to the
interrogatories served on behalf of prior to the filing of such a motion and you must pay a
restoration fee of $25.00 if the motion to vacate is made within 30 days after entry of this order and in the amount
of $75.00 if the motion is made thereafter. Failure to file such a motion within 90 days after the entry of this order
may result in the imposition of counsel fees and the assessment of costs against you or may forever preclude the
restoration of the pleading(s) filed by you or on your behalf.
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.
The motion was:
Opposed Unopposed ,
J.S.C.
