There are many different types of cases filed in the Law Division, Civil Part of the
Superior Court. These include:
Action in Lieu of Prerogative Writs (case type code 701) - appeal from a
decision of or failure to act on the part of a local governmental body, such as a
Zoning Board of Adjustment or Planning Board; limited to an appeal on the record
below. These matters are governed by R. 4:69- 4.
Rule 6:1-2 sets forth with specificity those types of actions that are
cognizable in the Special Civil Part and since Actions in Lieu of Prerogative Writs
are not included among the types of actions listed, such actions are not cognizable
in the Special Civil Part and thus may not be filed there. See also R. 4:69-1 and
AOC Directive #2-01.
These cases are assigned to Track IV to ensure individual judge
management, even though most will not need 450 days’ discovery. An informal
conference, by telephone or in chambers, must be held within 30 days of joinder to
determine factual and legal disputes, mark exhibits, establish a briefing schedule,
and if necessary, a discovery schedule. At least five days before the conference,
parties shall submit a statement of factual and legal issues and an exhibit list to the
managing judge. The complaint must be accompanied by a certification that
transcripts of hearings have been ordered.
Rule 4:69-4 was amended eff ective September 1, 2004 to provide that the
discovery to be conducted, if any, and the time to complete such discovery, will be
determined at the informal conference and memorialized in the case management
order.
action on a negotiable instrument (511) - suit seeking damages for the
defendant’s failure to honor obligations pursuant to a written instrument such as a
check. These actions usually involve a dishonored check.
assault and battery (602) - action seeking damages for unlawful contact.
auto negligence (603) - personal injury - action seeking damages for bodily
injuries arising out of the negligent ownership and/or use of a motor vehicle.
auto negligence (610) - property damage - action seeking damages for damage
to property arising out of the negligent ownership and/or use of a motor vehicle.
book account (502) - action for the collection of an unpaid bill for goods or
services provided.
civil rights (005) - action brought pursuant to the Federal Civil Rights Act, 42
U.S.C. 1983, which establishes a civil action for the deprivation of constitutionally
protected rights.
complex commercial (508) - commercial matters involving unusually complex
factual or legal issues.
complex construction (513) – construction matters involving unusually complex
factual or legal issues.
condemnation (301) - action also known as eminent domain, brought by a
governmental entity seeking to take private real property for a public use and after
payment of just compensation.
A condemnation action is instituted by the filing of a verified complaint,
which must include a statement of the compensation offered by the condemnor
and the manner in which the amount was calculated. See R. 4:73-1. The matter
will proceed in a summary manner under R. 4:67. Within 14 days of the filing of
the complaint, the condemnor must file and record in the county recording office a
notice of the pendency of the action (lis pendens). The condemnor must also file a
declaration of taking in the court and the county recording office. Simultaneously,
the condemnor must deposit with the clerk of the court the amount of the
estimated compensation. Once the declaration has been filed and the
compensation paid to the clerk of the court, the title and the right to immediate and
exclusive possession to the property belongs to the condemnor.
The court will appoint three commissioners to fix the amount of
compensation. Regarding the fees paid to condemnation commissions, refer to
section 21. The presiding commissioner will schedule a hearing date at which
testimony is taken regarding the value of the property. No discovery occurs
during this phase of the case. The commissioners’ report is to be filed within four
months of their appointment, unless the court extends the time. If there is no
appeal from the commissioners’ determination of the amount of compensation, the
award is considered a final judgment to be paid within 60 days.
Appeals from the commissioners’ report are made by filing a notice of
appeal with the Clerk of the Superior Court within 20 days after service of the
commissioners’ report. If this is the party’s first paper, the filing fee must be paid.
Discovery may be done during this phase. Pursuant to R. 4:73- 6(a), unless the
court otherwise orders, if the original action involves taking or takings from a tract
of land under single ownership, the appeal shall be docketed under the docket
number assigned to the original action and shall continue in that action. A party
may demand a trial by jury within 10 days after service of the notice of appeal.
The hearing on appeal is a trial de novo.
construction (305) - dispute arising out of a construction agreement or
arrangement.
contract/commercial transaction (599) - action based upon the failure to honor
the terms of an oral or written agreement/or arising from a business dispute.
defamation (609) - action seeking damages due to the publication, either orally
(slander) or in writing (libel), of false information concerning another.
employment (509) - dispute arising out of an agreement between an employer and
employee.
environmental/environmental coverage litigation (156) - action based upon
damage to the environment or against an insurance company by an insured seeking
coverage pursuant to an insurance contract or policy to remediate or compensate
the insured for damage to the environment.
forfeiture (175) - action by the government seeking ownership of personal
property either used as an instrumentality of a crime or the fruits of criminal
activity. A civil forfeiture proceeding must normally be instituted by the State
within 90 days of the seizure for property, unless the property forfeited is
considered to be what the applicable statute, N.J.S.A. 2C:64-3, considers to be
“prima facie contraband”. See N.J.S.A. 2C:64- 3. Examples of “prima facie
contraband” are untaxed cigarettes, controlled dangerous substances, firearms and
gambling devices. Forfeiture will be denied if the action is not timely filed and the
property may be returned to the owner. The complaint must be verified and must
describe with particularity the property, which is the subject matter of the action
and the reason for the forfeiture. Often in forfeiture cases a thing, such as a car or
money, is named as a defendant. This is called a “chattel defendant.”
N.J.S.A. 2C:64- 3 permits the court to stay a forfeiture until the underlying
criminal case is concluded. Other than for lack of prosecution , forfeiture should
not be dismissed as the State will lose jurisdiction over the res. Thus, if the case is
not stayed and if applicable, lack of prosecution dismissal notices will issue as to
named human or corporate defendants only. Once the case is closed as to all such
defendants, all chattel defendants may be dismissed.
The prosecutor will thus receive notice of dismissal as to one chattel
defendant only. When the case is closed as to that chattel defendant, it may be
dismissed as to the remaining chattel defendants without further notice.
insurance fraud (514) – action alleging damages resulting from a fraudulent
insurance claim.
inverse condemnation (617) - action brought by owner of real property seeking
damages compensating the owner for a taking of the owner’s private real property
for a public use.
Law Against Discrimination (LAD) (618) - action seeking damages pursuant to
N.J.S.A. 10:5-1 et seq., commonly known as the New Jersey Law Against
Discrimination, which makes it unlawful to subject people to differential treatment
based on race, creed, color, national origin, nationality, ancestry, age, sex, familial
status, marital status, affectional or sexual orientation, atypical hereditary cellular
or blood trait, genetic information, mental or physical disability, perceived
disability, and AIDS and HIV status. The LAD prohibits unlawful discrimination
in employment, housing, places of public accommodation, credit and business
contracts.
lemon law (512) - suit pursuant to N.J.S.A. 56:12-29 to - 49, commonly known as
the New Jersey Lemon Law, brought by the purchaser or leaser of a new motor
vehicle against the car dealer who sold the vehicle seeking damages because the
vehicle was faulty. The law seeks to ensure that the manufacturer of the vehicle
fixes any problems or defects that were originally covered under the
manufacturers’ warranty and which were reported by the owner within 2 years or
18,000 miles whichever comes first.
medical malpractice (604) – action against a healthcare provider for injuries
arising from negligence in acting or failing to act.
In Ferreira v. Rancocas Orthopedic Associates , 178 N.J. 144 (2003) and
Knorr v. Smeal, 178 N.J. 169 (2003), the Supreme Court mandated a case
management conference in all professional malpractice cases. This conference
must be held within 90 days of the service of the answer. During the conference,
the court must address discovery issues, and whether an affidavit of merit has been
served on the defendant.
These conferences may be held by telephone.
When there are multiple defendants in a malpractice case, requiring service
of the affidavit of Merit on each, only one conference need be held.
The Court- mandated case management conference must be:
conducted by a judge in all professional malpractice cases (unless all parties
consent to a staff- conducted conference), and memorialized in a case
management order pursuant to R. 1:2- 6; and
held unless all counsel consent to waive the conference, and agree that the
Affidavit of Merit has been provided and that the defendant waives objections
to its adequacy, with such consent, agreement and waiver memorialized in a
consent order signed by all counsel and the judge.
A party filing an affidavit of non-involvement pursuant to N.J.S.A. 2A:53A-40
in accordance with the New Jersey Medical Care Access and Responsibility and
Patients Trust Act, shall do so by annexing the affidavit, which shall comply with
R. 1:6-6, to a Notice of Motion for dismissal of the action as to that party.
Pursuant to R. 1:6-6, if a motion is based on facts not appearing of record or not
judicially noticeable, the court may hear it on affidavits made on personal
knowledge, setting forth only facts which are admissible in evidence to which the
affiant is competent to testify and which may have annexed thereto certified copies
of all papers or parts thereof referred to therein. The court may direct the affiant
to submit to cross-examination, or hear the matter wholly or partly on oral
testimony or depositions.
If no opposition to the motion is filed, in accordance with R. 1:6-3, an order
shall be entered dismissing the action as to the moving party. If opposition to the
motion is filed, the court shall proceed in accordance with R. 1:6-2.
Mt. Laurel (303) - actions brought pursuant to the New Jersey Fair Housing Act,
N.J.S.A. 52:27D- 301 et seq., relating to the allocation of a fair share of affordable
housing to lower and moderate income families.
Name Change (151) - action to change an individual’s or family’s name. See
section infra regarding “Redaction of Social Security Numbers from Name
Change Judgments”.
Open Public Records Act (OPRA) (802) - summary action brought pursuant to
N.J.S.A. 47:1A- 1 et seq. which provides that certain government records shall be
accessible for inspection, copying or examination by New Jersey citizens, with
certain exceptions, and provides the process for requesting access and appealing
any denial of access.
other insurance claim (505) (including declaratory judgment actions) - suit
involving differing interpretations of an insurance policy or a dispute over
insurance coverage.
personal injury (605) - action seeking damages for bodily injuries caused by the
negligence of another in a context other than in the ownership and/or use of a
motor vehicle, usually as a result of negligence in the ownership, use or control of
premises.
PIP coverage (506) - suit brought by an insured or a healthcare provider on behalf
of the insured against the insured’s automobile insurance company for unpaid
medical bills or other insurance benefits.
products liability (606) - action against a manufacturer, distributor or seller of
goods including pharmaceuticals, seeking damages for injuries suffered as a result
of the use of the good.
professional malpractice (607) - action against a provider of professional
services, other than a healthcare provider, for injuries or damages arising from a
negligent act or failure to act.
These conferences may be held by telephone.
When there are multiple defendants in a malpractice case, requiring service
of the affidavit of Merit on each, only one conference need be held.
The Court- mandated case management conference must be:
conducted by a judge in all professional malpractice cases (unless all parties
consent to a staff -conducted conference), memorialized in a case management
order pursuant to R. 1:2 -6; and
held unless all counsel consent to waive the conference, and agree that the
Affidavit of Merit has been provided and that the defendant waives objections
to its adequacy, with such consent, agreement and waiver are memorialized in
a consent order signed by all counsel and the judge.
real property (399) - suit based upon a dispute over real property and not
involving a landlord/tenant relationship, contract, condemnation, complex
commercial or construction issues.
summary action (801) - action pursuant to R. 4:67, seeking an expeditious
judicial determination rather than a full-blown trial; usually based upon particular
statute. Summary actions should be filed via verified complaint and order to show
cause. If these matters are not resolved on the return date of the order to show
cause, they must be actively case managed by a judge.
tenancy (302) - action arising from any dispute between a landlord and tenant
other than summary dispossess action and actions to recover a security deposit
under $15,000.
tort (699) - othe r - action seeking damages for injuries to a person or property due
to negligent or deliberate conduct other than in the use and/or ownership of a
motor vehicle or in the ownership or control of premises, such as intentional
infliction of emotional distress, tortuous interference with contract, trespass,
malicious prosecution.
toxic tort (608) - action seeking damages due to the emission of a harmful
substance into the environment.
UM or UIM claim (510) - action by an insured against the insured’s automobile
insurance company seeking damages from the insurance company under either the
uninsured motorist or underinsured motorist coverage provision of an insurance
policy. Under such a provision, if the insured sustains injuries or damages due to
an automobile accident caused by the fault of a third person but the third person
either is uninsured or is underinsured (i.e., does not have adequate coverage to
cover the value of the insured’s damages or injuries), the insurance carrier must
pay the amount needed to fully compensate the insured.
Whistleblower/Conscientious Employee Protection Act (CEPA) (616) - action
filed pursuant to N.J.S.A. 34:19-1 et seq. seeking damages due to retaliation
against an employee by the employer for 1) disclosing or threatening to disclose to
a supervisor or public body an activity, policy or practice of an employer that the
employee believes violates a law or regulation, or 2) providing information or
testimony to a public body conducting an investigation, hearing or inquiry into any
violation of law, rule or regulation by the employer, or 3) objecting to or refusing
to participate in any activity, policy or practice which the employee reasonably
believes is in violation of the law, is fraudulent or criminal, or is incompatible with
a clear mandate of public policy.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
