At times, the first paper filed by a plaintiff is a motion requesting the court’s
permission to file a late notice of claim against a public entity, such as the State of New
Jersey, a county or municipality. Such motions are filed because the plaintiff failed to
timely notify the public entity of his or her claim as required by N.J.S.A. 59:8- 7 and –8,
which provide that, within 90 days after the cause of action arose, e.g., the date of an
accident, the claimant must file a notice of claim with the Attorney General of the
department or agency involved in the alleged negligent act. The plaintiff must then wait
six months (after the date the notice of claim is received) before filing a complaint in
court. The six- month waiting period is to allow the public entity against which the claim
is made to investigate and, if appropriate, to negotiate a settlement. The claimant must
also file suit within two years of the accrual of the cause of action.
Sometimes, however, claimants fail to file the notice of claim with the Attorney
General or other governmental department or agency within 90 days of the accrual of the
cause of action, as required by N.J.S.A. 59:8- 8. N.J.S.A. 59:8- 9 provides for late notices
of claim to be filed, if permission to do so is granted by the court, within one year of the
accrual of the cause of action.
Claimants must make a motion to the court for permission to file a late notice of
claim. The fee for such a motion is $200 since it is the party’s first paper. The motion is
given a docket number.
When the motion is decided, whether it is granted or denied, it counts as a
termination and the “case” is closed.
If the motion is granted and, after the six- month waiting period, the claimant files
a complaint, the matter is reopened under the original docket number. No additional fee
is required.
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
