Thursday, August 27, 2009
08-26-09 WYCKOFF v. PBA LOCAL 261 A-2268-07T2/A-2527-07T2
08-26-09 TOWNSHIP OF WYCKOFF v. PBA LOCAL 261, ET AL.
A-2268-07T2/A-2527-07T2 (consolidated)
In these consolidated appeals from a trial court
determination that an arbitrator had exceeded his powers in
affording relief to the union and its member, Brenda Groslinger,
we conclude, following federal law, that the standard of review
of an arbitrator's interpretation of the issue submitted to him
is a deferential one. Utilizing that standard, we reverse.
Chase Smith assistant editor
A-2268-07T2/A-2527-07T2 (consolidated)
In these consolidated appeals from a trial court
determination that an arbitrator had exceeded his powers in
affording relief to the union and its member, Brenda Groslinger,
we conclude, following federal law, that the standard of review
of an arbitrator's interpretation of the issue submitted to him
is a deferential one. Utilizing that standard, we reverse.
Chase Smith assistant editor
08-24-09 HOMES OF HOPE. V. EASTAMPTON A-5551-07T2
08-24-09 HOMES OF HOPE, INC. V. EASTAMPTON TOWNSHIP LAND USE
PLANNING BOARD
A-5551-07T2
The issue presented is whether affordable housing continues
to constitute an inherently beneficial use for purposes of
obtaining a use variance, N.J.S.A. 40:55D-70d(2), after the
municipality in which the property is located has met its fair
share obligation under the Fair Housing Act (FHA), N.J.S.A.
52:27D-301 to -329.19, and its concomitant regulations. We
conclude that a municipality's compliance with the FHA by
meeting its fair share obligation does not impact affordable
housing's inherently beneficial use status for purposes of
obtaining a use variance. Affordable housing continues to
foster the general welfare and constitutes a special reason to
support a use variance.
Chase Smith assistant editor
PLANNING BOARD
A-5551-07T2
The issue presented is whether affordable housing continues
to constitute an inherently beneficial use for purposes of
obtaining a use variance, N.J.S.A. 40:55D-70d(2), after the
municipality in which the property is located has met its fair
share obligation under the Fair Housing Act (FHA), N.J.S.A.
52:27D-301 to -329.19, and its concomitant regulations. We
conclude that a municipality's compliance with the FHA by
meeting its fair share obligation does not impact affordable
housing's inherently beneficial use status for purposes of
obtaining a use variance. Affordable housing continues to
foster the general welfare and constitutes a special reason to
support a use variance.
Chase Smith assistant editor
08-20-09 BURNETT V. GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS A-6131-07T
08-20-09 DAVID B. BURNETT V. GLOUCESTER COUNTY BOARD OF
CHOSEN FREEHOLDERS, ET AL.
A-6131-07T2
In this Open Public Meeting Act, N.J.S.A. 10:4-6 to -21
challenge, plaintiff successfully proved one violation of the
Act occurring within forty-five days of the action being filed.
We concluded the remaining allegations of violations occurred
more than forty-five days prior to the filing of plaintiff's
complaint, making them untimely for relief pursuant to N.J.S.A.
10:4-15. Nevertheless, they were evidential of an alleged past
pattern of defendant's noncompliance with the Act presented to
support plaintiff's request for prospective injunctive relief
pursuant to N.J.S.A. 10:4-16.
We reversed the Law Division's summary judgment dismissal
because the alleged violative actions were too remote. When
examining the timeliness of plaintiff's request, we concluded
the limitations period in Rule 4:69-6 does not preclude
consideration of the defendant's past conduct when determining
the appropriateness of an injunctive remedy.
Chase Smith assistant editor
CHOSEN FREEHOLDERS, ET AL.
A-6131-07T2
In this Open Public Meeting Act, N.J.S.A. 10:4-6 to -21
challenge, plaintiff successfully proved one violation of the
Act occurring within forty-five days of the action being filed.
We concluded the remaining allegations of violations occurred
more than forty-five days prior to the filing of plaintiff's
complaint, making them untimely for relief pursuant to N.J.S.A.
10:4-15. Nevertheless, they were evidential of an alleged past
pattern of defendant's noncompliance with the Act presented to
support plaintiff's request for prospective injunctive relief
pursuant to N.J.S.A. 10:4-16.
We reversed the Law Division's summary judgment dismissal
because the alleged violative actions were too remote. When
examining the timeliness of plaintiff's request, we concluded
the limitations period in Rule 4:69-6 does not preclude
consideration of the defendant's past conduct when determining
the appropriateness of an injunctive remedy.
Chase Smith assistant editor
08-19-09 READINGTON V. SOLBERG AVIATION A-3083-07T3/A-1537-08T3
08-19-09 TOWNSHIP OF READINGTON, ET AL. V. SOLBERG AVIATION
CO., ET AL.
A-3083-07T3/A-1537-08T3 (consolidated)
This appeal challenging a condemnation judgment granting,
among other things, title and possession of a portion of
defendant Solberg Aviation Co.'s ("defendant" or "Solberg")
property to plaintiff Township of Readington ("plaintiff" or
"the Township"), raises two critical issues of law. The first
is the preemptive effect of state aviation statutes,
specifically the Air Safety and Zoning Act (ASZA), N.J.S.A. 6:1-
80 to 84, -88, and the State Aviation Act, N.J.S.A. 6:1-20 to -
44, and regulations on land use authority. The second is the
application of the principles enunciated in Mount Laurel Twp. v.
MiPro Homes, L.L.C., 379 N.J. Super. 358 (App. Div. 2005),
aff'd, 188 N.J. 531 (2006), cert. denied, ___ U.S. ___, 128 S.
Ct. 46, 169 L. Ed. 2d 242 (2007). Defendant claims that the
taking was pretextual in an attempt to limit the use of airport
property. As to this claim, we conclude that defendant
presented a sufficient factual basis to overcome a motion for
summary judgment; we further conclude that state statutes
preempt certain aspects of local land use, constraining a
municipality's exercise of its condemnation authority, Garden
State Farms, Inc. v. Bay, 77 N.J. 439, 449 (1978). In a
consolidated appeal, we further conclude that under the Eminent
Domain Act of 1971 (EDA), N.J.S.A. 20:3-1 to -50, title passed
to the Township upon the filing of the Declaration of Taking,
and the Township improperly assessed taxes against defendant.
Chase Smith assistant editor
CO., ET AL.
A-3083-07T3/A-1537-08T3 (consolidated)
This appeal challenging a condemnation judgment granting,
among other things, title and possession of a portion of
defendant Solberg Aviation Co.'s ("defendant" or "Solberg")
property to plaintiff Township of Readington ("plaintiff" or
"the Township"), raises two critical issues of law. The first
is the preemptive effect of state aviation statutes,
specifically the Air Safety and Zoning Act (ASZA), N.J.S.A. 6:1-
80 to 84, -88, and the State Aviation Act, N.J.S.A. 6:1-20 to -
44, and regulations on land use authority. The second is the
application of the principles enunciated in Mount Laurel Twp. v.
MiPro Homes, L.L.C., 379 N.J. Super. 358 (App. Div. 2005),
aff'd, 188 N.J. 531 (2006), cert. denied, ___ U.S. ___, 128 S.
Ct. 46, 169 L. Ed. 2d 242 (2007). Defendant claims that the
taking was pretextual in an attempt to limit the use of airport
property. As to this claim, we conclude that defendant
presented a sufficient factual basis to overcome a motion for
summary judgment; we further conclude that state statutes
preempt certain aspects of local land use, constraining a
municipality's exercise of its condemnation authority, Garden
State Farms, Inc. v. Bay, 77 N.J. 439, 449 (1978). In a
consolidated appeal, we further conclude that under the Eminent
Domain Act of 1971 (EDA), N.J.S.A. 20:3-1 to -50, title passed
to the Township upon the filing of the Declaration of Taking,
and the Township improperly assessed taxes against defendant.
Chase Smith assistant editor
Monday, August 24, 2009
How to File a Motion to Dismiss the Complaint or to Strike the Answer for Failure to Answer Interrogatories in the Special Civil Part - 10915
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:
2
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.
++++++++
3
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.
4
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
5
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.
++++++++
6
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.)
7
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.)
8
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.)
9
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)
10
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
11
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
12
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.
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:
2
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.
++++++++
3
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.
4
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
5
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.
++++++++
6
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.)
7
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.)
8
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.)
9
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)
10
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
11
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
12
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.
How To Request a Default Judgment in the Superior Court Of New Jersey - Special Civil Part (Small Claims and Regular Special Civil Part Cases) 10914
CIVIL – SCP
DEFAULT INSTRUCTIONS
MAY 2007
HOW TO REQUEST A DEFAULT JUDGMENT IN THE
SUPERIOR COURT OF NEW JERSEY – SPECIAL CIVIL PART
(SMALL CLAIMS AND REGULAR SPECIAL CIVIL PART CASES)
If you sue someone by filing a complaint against him or her, that person (the defendant) is
required either to answer your complaint in writing or appear in person in court. If the defendant
does not answer the complaint or fails to appear at a required court hearing, the defendant is “in
default.”
Before the person who filed the complaint can attempt to collect any amount of money after
defendant’s default, the court must also have a record that proves what amount the defendant
must pay. This process is called “entering a default judgment.” Attached are instructions with a
document called a Certification of Proof that is used to enter a default judgment against
someone. This Certification shows how much the person owes you and asks the court to enter
the default judgment in that amount. You will be asked to provide documentation that supports
the amount you claim is owed. You must complete and submit the Certification form before you
can collect any money owed.
WHO SHOULD USE THIS PACKET?
You can use this form if:
• The request for a default judgment is submitted to the court within six months from the
date that default was entered against the defendant. If you are unsure of this date contact
the staff of the Special Civil Part.
You cannot use this form if:
• More than six months have gone by from the date of the entry of default.
• Default was entered because the defendant’s answer was dismissed.
• The defendant’s answer was stricken for failure to answer interrogatories (a set of legal
questions served upon the defendant and required to be answered).
• This is a repossession case.
• You are unable to prove that the defendant is not on active duty in the military.
If you cannot use this form, you are required to file a motion. A motion requires a decision by a
judge. Forms and instructions to file a motion are available from the Special Civil Part Clerk’s
Office or from the internet at www.njcourtsonline.com.
Revised 05/11/2007, CN 10914-English page 1 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
After a default judgment has been entered in the court record, the Special Civil Part Clerk’s
Office will mail you a postcard that shows the date and amount of the judgment entered by the
court against the defendant. Once you have completed the default judgment process, you are
considered to be a “judgment creditor,” that is, someone who is owed money. Within seven days
of receiving the postcard from the court, you must notify the person who owes you the money
(known at that point as the “judgment debtor”) by ordinary mail of the date and amount of the
judgment. You should contact the judgment debtor to discuss payment. If you do not receive
the money that is owed you, court staff can tell you about several ways you can to try to collect
it. Forms and brochures explaining the collection process are available at the Special Civil Part
Clerk’s Office.
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.
Revised 05/11/2007, CN 10914-English page 2 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
THINGS TO THINK ABOUT BEFORE YOU TRY TO 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. That 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 will
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 special treatment, help,
or attention from the court. 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.
Revised 05/11/2007, CN 10914-English page 3 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
INSTRUCTIONS FOR REQUESTING A DEFAULT JUDGMENT:
STEP 1: Determine whether or not the
defendant (judgment debtor) is a member on
active military duty for the United States.
You must do this because federal law protects
people from certain legal actions while they are on
active military duty. This is required only if the
default judgment is to be entered against an
individual; if a default judgment is to be entered
against a business, it is not necessary to complete
Step 1.
You are required on the Certification of Proof form
to provide facts that explain how you know that the
person is or is not in the active military service. If
you do not possess this personal knowledge, you
must request and obtain this information from the
sources listed below.
If you have access to the Internet, and you know the
defendant’s Social Security Number, you can obtain
this information from the Department of Defense
Manpower Data Center (DMDC) at:
https://www.dmdc.osd.mil/scra/owa/home.
Note: This website works only if you have the
defendant/debtor’s Social Security Number.
If you do not have the defendant’s Social Security
Number, you must contact each of the five branches
of the military. Your request should contain as
much information as is known about the defendant,
such as their full name, Social Security Number,
date and place of birth, last known address, service
number, rank or grade, or other information to
properly identify the individual in question. The
reason for your request must be included. This
process may take several weeks.
Each request must be accompanied by a fee of $5.20
payable by check or money order, as follows:
Air Force Worldwide Locator
HQ AFMPC/RMIQL
550 C Street, W., Suite 50
Randolph Air Force Base, TX 78150-4752
Make check payable to DAQ-DE
Bureau of Naval Personnel
Navy Personnel Command
PERS-312F
5720 Integrity Drive
Millington, TN 38055-3120
Make check payable to U.S. Treasurer
Commandant of the Marine Corps (MMSB0)
Headquarters U.S. Marine Corps.
Code MMSB-10
2008 Elliot Road, Suite 203
Quantico, VA 22134-5030
Please mark on bottom of envelope “OFFICIAL
BUSINESS.
Make check payable to U.S. Treasurer.
Army Worldwide Locator
US Army Enlisted Records and Evaluation Center
8899 East 56th Street
Fort Benjamin Harris, IN 46249-5301
Make check payable to Finance Officer
U.S. Coast Guard
Coast Guard Personnel Command
2100 Second Street, SW
Washington, DC 20593-0001
Make check payable to U.S. Coast Guard
STEP 2: Compile all the documentation and
proof you have to support the entry of default
judgment. There are different types of information
that can be considered as documentation or proof of
the amount the defendant owes you. Some examples
are:
• A written agreement to pay
• A canceled check
• Money Order
• Receipt
• Bill
• Agreement to Pay
• Invoice
• Signed Contract
• An Estimate
• Letters
• Leases
• Photographs
Your documentation should show the date(s) the
debt occurred, the specific dollar amount owed, and
any pre-judgment interest (interest from the date of
debt up to the entry of the default judgment). Attach
Revised 05/11/2007, CN 10914-English page 4 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
all copies of documentation and proof to the
Certification of Proof form. Please be sure to retain
a copy of all submitted documents for your record.
In certain cases, your documentation and supporting
proof may not have all the required information that
is needed to enter a default judgment. If you do not
have written proof of the debt or as much proof as is
needed by the court to make a decision, a hearing
may be scheduled before a judge so that you may
testify in court as to the amount of the debt you
believe the individual or business owes you. The
court will decide whether to schedule such a hearing,
known as a “proof hearing.” If a proof hearing is
scheduled, you will receive written notice of the date
and time of the hearing.
STEP 3: Complete and Sign the attached
form: Certification of Proof
The attached form must be completed and signed by
the person with personal knowledge of the facts of
the case. The form must be received by the Court
within 30 days from the date that it was signed by
the person seeking the default judgment. Please type
or print carefully.
Line 1: Fill in the name of the person who has
personal knowledge of the facts of the case.
Line 2: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 3: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 4: Fill in the address of the defendant/judgment
debtor. You are also required to specify
how you have personal knowledge that this
is the defendant’s address.
Line 5: If defendant/judgment debtor is a business,
this line is not to be filled in. Fill in only if
the default judgment is to be entered against
an individual. Fill in with the facts that
explain how you know that the defendant is
or is not in the active military service – or –
attach the statement received from the
Defense Manpower Data Center. If you had
to contact the five branches of the military
directly, attach a copy of the statement you
received from each branch.
Line 6: Fill in the specific dollar amount for the
default judgment requested, breaking the
total amount down by:
a) The principal amount due: the initial
amount of money that was paid,
invested, borrowed, loaned, etc; plus,
any interest (where applicable). If you
are requesting interest, you will be
required to provide documentation that
provides for the rate of the interest.
b) court costs: filing fees paid by the
plaintiff to date. If you do not know the
total of the filing fees you have paid,
this information can be obtained from
the Special Civil Part Clerk’s Office.
Line 7: No information required. This is a statement
which you are certifying by your signature
to be true.
• Insert the date, your
signature and print your
full name.
STEP 4: Send completed form, with all
attachments, to the Special Civil Part Clerk’s
Office. There is no filing fee for the request
for default judgment.
Revised 05/11/2007, CN 10914-English page 5 of 7
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Your Name
Docket No.
Street Address
City, State, Zip
Telephone Number
Plaintiff’s Name(s)
vs.
Defendant’s Name(s)
CERTIFICATION OF PROOF
1. , being duly sworn upon his/her oath deposes and says:
2. I am fully familiar with all of the facts and all of the proceedings in the above matter.
3. The defendant/debtor is not a minor and is not a mentally incapacitated person.
4. The defendant/debtor’s address is and
I am aware that the defendant’s/debtor’s address or business location is at this location because:
(state why and provide the source of your knowledge)
5. I am aware that the defendant(s) / debtor(s) (for individuals only) in the above matter (check one) is is not
on active duty in the military service of the United States at the present time because:
(state why and provide the source of your knowledge)
6. The defendant(s)/debtor(s) owes the total amount of $ . This amount is based upon the
following, after giving the defendant(s) all the credits due:
a) Principal amount due $ , pre-judgment interest (where applicable) in the amount of
$ , the date of the defendant’s breach was , and the document of
obligation that provides for the rate of pre-judgment interest is attached.
b) Court costs in the amount of $ .
Revised 05/11/2007, CN 10914-English page 6 of 7
CERTIFICATION OF PROOF
7. This is not a repossession case.
I have attached/ the documentation to support the entry of this default judgment.
I certify that the foregoing statements made by me are true. If any of the foregoing statements made
by me are false, I am subject to punishment.
Dated: Signature:
Type or Print Name
Revised 05/11/2007, CN 10914-English page 7 of 7
DEFAULT INSTRUCTIONS
MAY 2007
HOW TO REQUEST A DEFAULT JUDGMENT IN THE
SUPERIOR COURT OF NEW JERSEY – SPECIAL CIVIL PART
(SMALL CLAIMS AND REGULAR SPECIAL CIVIL PART CASES)
If you sue someone by filing a complaint against him or her, that person (the defendant) is
required either to answer your complaint in writing or appear in person in court. If the defendant
does not answer the complaint or fails to appear at a required court hearing, the defendant is “in
default.”
Before the person who filed the complaint can attempt to collect any amount of money after
defendant’s default, the court must also have a record that proves what amount the defendant
must pay. This process is called “entering a default judgment.” Attached are instructions with a
document called a Certification of Proof that is used to enter a default judgment against
someone. This Certification shows how much the person owes you and asks the court to enter
the default judgment in that amount. You will be asked to provide documentation that supports
the amount you claim is owed. You must complete and submit the Certification form before you
can collect any money owed.
WHO SHOULD USE THIS PACKET?
You can use this form if:
• The request for a default judgment is submitted to the court within six months from the
date that default was entered against the defendant. If you are unsure of this date contact
the staff of the Special Civil Part.
You cannot use this form if:
• More than six months have gone by from the date of the entry of default.
• Default was entered because the defendant’s answer was dismissed.
• The defendant’s answer was stricken for failure to answer interrogatories (a set of legal
questions served upon the defendant and required to be answered).
• This is a repossession case.
• You are unable to prove that the defendant is not on active duty in the military.
If you cannot use this form, you are required to file a motion. A motion requires a decision by a
judge. Forms and instructions to file a motion are available from the Special Civil Part Clerk’s
Office or from the internet at www.njcourtsonline.com.
Revised 05/11/2007, CN 10914-English page 1 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
After a default judgment has been entered in the court record, the Special Civil Part Clerk’s
Office will mail you a postcard that shows the date and amount of the judgment entered by the
court against the defendant. Once you have completed the default judgment process, you are
considered to be a “judgment creditor,” that is, someone who is owed money. Within seven days
of receiving the postcard from the court, you must notify the person who owes you the money
(known at that point as the “judgment debtor”) by ordinary mail of the date and amount of the
judgment. You should contact the judgment debtor to discuss payment. If you do not receive
the money that is owed you, court staff can tell you about several ways you can to try to collect
it. Forms and brochures explaining the collection process are available at the Special Civil Part
Clerk’s Office.
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.
Revised 05/11/2007, CN 10914-English page 2 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
THINGS TO THINK ABOUT BEFORE YOU TRY TO 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. That 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 will
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 special treatment, help,
or attention from the court. 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.
Revised 05/11/2007, CN 10914-English page 3 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
INSTRUCTIONS FOR REQUESTING A DEFAULT JUDGMENT:
STEP 1: Determine whether or not the
defendant (judgment debtor) is a member on
active military duty for the United States.
You must do this because federal law protects
people from certain legal actions while they are on
active military duty. This is required only if the
default judgment is to be entered against an
individual; if a default judgment is to be entered
against a business, it is not necessary to complete
Step 1.
You are required on the Certification of Proof form
to provide facts that explain how you know that the
person is or is not in the active military service. If
you do not possess this personal knowledge, you
must request and obtain this information from the
sources listed below.
If you have access to the Internet, and you know the
defendant’s Social Security Number, you can obtain
this information from the Department of Defense
Manpower Data Center (DMDC) at:
https://www.dmdc.osd.mil/scra/owa/home.
Note: This website works only if you have the
defendant/debtor’s Social Security Number.
If you do not have the defendant’s Social Security
Number, you must contact each of the five branches
of the military. Your request should contain as
much information as is known about the defendant,
such as their full name, Social Security Number,
date and place of birth, last known address, service
number, rank or grade, or other information to
properly identify the individual in question. The
reason for your request must be included. This
process may take several weeks.
Each request must be accompanied by a fee of $5.20
payable by check or money order, as follows:
Air Force Worldwide Locator
HQ AFMPC/RMIQL
550 C Street, W., Suite 50
Randolph Air Force Base, TX 78150-4752
Make check payable to DAQ-DE
Bureau of Naval Personnel
Navy Personnel Command
PERS-312F
5720 Integrity Drive
Millington, TN 38055-3120
Make check payable to U.S. Treasurer
Commandant of the Marine Corps (MMSB0)
Headquarters U.S. Marine Corps.
Code MMSB-10
2008 Elliot Road, Suite 203
Quantico, VA 22134-5030
Please mark on bottom of envelope “OFFICIAL
BUSINESS.
Make check payable to U.S. Treasurer.
Army Worldwide Locator
US Army Enlisted Records and Evaluation Center
8899 East 56th Street
Fort Benjamin Harris, IN 46249-5301
Make check payable to Finance Officer
U.S. Coast Guard
Coast Guard Personnel Command
2100 Second Street, SW
Washington, DC 20593-0001
Make check payable to U.S. Coast Guard
STEP 2: Compile all the documentation and
proof you have to support the entry of default
judgment. There are different types of information
that can be considered as documentation or proof of
the amount the defendant owes you. Some examples
are:
• A written agreement to pay
• A canceled check
• Money Order
• Receipt
• Bill
• Agreement to Pay
• Invoice
• Signed Contract
• An Estimate
• Letters
• Leases
• Photographs
Your documentation should show the date(s) the
debt occurred, the specific dollar amount owed, and
any pre-judgment interest (interest from the date of
debt up to the entry of the default judgment). Attach
Revised 05/11/2007, CN 10914-English page 4 of 7
CIVIL – SCP
DEFAULT INSTRUCTIONS
all copies of documentation and proof to the
Certification of Proof form. Please be sure to retain
a copy of all submitted documents for your record.
In certain cases, your documentation and supporting
proof may not have all the required information that
is needed to enter a default judgment. If you do not
have written proof of the debt or as much proof as is
needed by the court to make a decision, a hearing
may be scheduled before a judge so that you may
testify in court as to the amount of the debt you
believe the individual or business owes you. The
court will decide whether to schedule such a hearing,
known as a “proof hearing.” If a proof hearing is
scheduled, you will receive written notice of the date
and time of the hearing.
STEP 3: Complete and Sign the attached
form: Certification of Proof
The attached form must be completed and signed by
the person with personal knowledge of the facts of
the case. The form must be received by the Court
within 30 days from the date that it was signed by
the person seeking the default judgment. Please type
or print carefully.
Line 1: Fill in the name of the person who has
personal knowledge of the facts of the case.
Line 2: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 3: No information required. This is a statement
which you are certifying by your signature
to be true.
Line 4: Fill in the address of the defendant/judgment
debtor. You are also required to specify
how you have personal knowledge that this
is the defendant’s address.
Line 5: If defendant/judgment debtor is a business,
this line is not to be filled in. Fill in only if
the default judgment is to be entered against
an individual. Fill in with the facts that
explain how you know that the defendant is
or is not in the active military service – or –
attach the statement received from the
Defense Manpower Data Center. If you had
to contact the five branches of the military
directly, attach a copy of the statement you
received from each branch.
Line 6: Fill in the specific dollar amount for the
default judgment requested, breaking the
total amount down by:
a) The principal amount due: the initial
amount of money that was paid,
invested, borrowed, loaned, etc; plus,
any interest (where applicable). If you
are requesting interest, you will be
required to provide documentation that
provides for the rate of the interest.
b) court costs: filing fees paid by the
plaintiff to date. If you do not know the
total of the filing fees you have paid,
this information can be obtained from
the Special Civil Part Clerk’s Office.
Line 7: No information required. This is a statement
which you are certifying by your signature
to be true.
• Insert the date, your
signature and print your
full name.
STEP 4: Send completed form, with all
attachments, to the Special Civil Part Clerk’s
Office. There is no filing fee for the request
for default judgment.
Revised 05/11/2007, CN 10914-English page 5 of 7
Superior Court Of New Jersey
Law Division, Special Civil Part
County
Your Name
Docket No.
Street Address
City, State, Zip
Telephone Number
Plaintiff’s Name(s)
vs.
Defendant’s Name(s)
CERTIFICATION OF PROOF
1. , being duly sworn upon his/her oath deposes and says:
2. I am fully familiar with all of the facts and all of the proceedings in the above matter.
3. The defendant/debtor is not a minor and is not a mentally incapacitated person.
4. The defendant/debtor’s address is and
I am aware that the defendant’s/debtor’s address or business location is at this location because:
(state why and provide the source of your knowledge)
5. I am aware that the defendant(s) / debtor(s) (for individuals only) in the above matter (check one) is is not
on active duty in the military service of the United States at the present time because:
(state why and provide the source of your knowledge)
6. The defendant(s)/debtor(s) owes the total amount of $ . This amount is based upon the
following, after giving the defendant(s) all the credits due:
a) Principal amount due $ , pre-judgment interest (where applicable) in the amount of
$ , the date of the defendant’s breach was , and the document of
obligation that provides for the rate of pre-judgment interest is attached.
b) Court costs in the amount of $ .
Revised 05/11/2007, CN 10914-English page 6 of 7
CERTIFICATION OF PROOF
7. This is not a repossession case.
I have attached/ the documentation to support the entry of this default judgment.
I certify that the foregoing statements made by me are true. If any of the foregoing statements made
by me are false, I am subject to punishment.
Dated: Signature:
Type or Print Name
Revised 05/11/2007, CN 10914-English page 7 of 7
How to Request a Judgment or Dismissal Without a Trial (Summary Judgment) 10544
Special Civil Part
Summary Judgment
October 2006
HOW TO USE THIS ONLINE
This form can be filled out on screen, saved to your local
drive, and printed out on your local printer or it can be
printed out on your local printer for completion by hand
or typewriter.
The information you enter is NOT
submitted electronically.
Special Civil Part
Summary Judgment
October 2006
HOW TO REQUEST A JUDGMENT OR DISMISSAL
WITHOUT A TRIAL
(MOTION FOR SUMMARY JUDGMENT)
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 can use this packet if you want to file a Summary Judgment Motion in the Special Civil Part.
A Summary Judgment Motion is a written request in which you ask the court to make a final decision
against another party without a trial. A party (you) usually requests a summary judgment when the
important facts are not in dispute.
GENERAL REQUIREMENTS:
1. When you file this motion, you must include all of the following papers contained in this packet:
1. Notice of Motion for Summary Judgment
2. Certification in Support of the Motion
3. Certification of Service
4. Order for Summary Judgment
2. There is no fee for filing this motion in the Special Civil Part.
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.judiciary.state.nj.us). However, you are ultimately responsible for the content of
your court papers.
Send your completed forms to
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 1 of 12
Special Civil Part
Summary Judgment
October 2006
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. The law, the proofs
necessary to present your case, and the procedural
rules governing cases in the Law Division, Civil
Part are complex. Since valuable claims or
potentially heavy judgments may be at stake, most
litigants appearing in the Law Division, Civil Part
have a lawyer. If you are being sued, please contact
your insurance company to see if they might
provide a lawyer for you. Most likely your
opponent will be represented by a lawyer. It is
recommended that you make every effort to obtain
the assistance of a lawyer. 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. Their 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. That 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 will sometimes consult with you at a reduced
fee. There are also 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.
If you decide to proceed without an attorney, these
materials explain the procedures that must be
followed to have your papers properly filed and
considered by the court. These materials do not
provide information on the law governing your
claims or defenses; information on how to conduct
pretrial discovery; information on alternative
dispute resolution procedures, such as arbitration or
mediation, that may be available or required in your
case; information on the kinds of evidence you need
to prove your claims or defense at trial; or
information on other procedural and evidentiary
rules governing civil law suits.
WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in
court, you should not expect special treatment, help
or attention from the court. The following is a list of
some things court staff can and cannot do for you.
Please read it carefully before asking 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 copies of all completed forms and
documents related to your case
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 2 of 12
Special Civil Part
Summary Judgment
October 2006
DEFINITIONS OF WORDS USED IN THIS PACKET
Answer - An answer is a written response which explains why you feel 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.
Summary Judgment Motion - A Summary Judgment Motion is a written request in which you ask the court to
make a final decision against another party without a trial. It is usually used when all parties agree on the
important facts.
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.
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.
HOW TO FILE A MOTION FOR SUMMARY JUDGMENT 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. 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 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.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 3 of 12
Special Civil Part
Summary Judgment
October 2006
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 (Form A, second page)
__ Certification in Support of the Motion (Form B)
__ 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 return receipt requested and
regular mail. This will provide you with a green receipt
card that 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 the
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 to provide a copy to all
other parties involved in this motion.
STEP 7: Requesting Oral Argument
You may ask for oral argument, which means you
are asking to personally appear before the 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)
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 your
self.
__ 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.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 4 of 12
INSTRUCTIONS FOR COMPLETING FORM A
(NOTICE OF MOTION FOR SUMMARY JUDGMENT)
A. Print or type the Plaintiff’s name, 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. Print or type the Defendant’s name, current address and telephone number where
Form A asks you to do so on the form. 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.
B. 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 you can call the
court for this information.)
D. Check off whether or not you want to request Oral Argument. (See Step 7 on page
6 for more information about this.)
E. Where it says “Please Take Notice,” type or print the name of the county where you
are filing your motion and print or type the address of the courthouse.
F. Sign and date the form where it asks you to do so and check whether you are the
Plaintiff or Defendant.
G. 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 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, remembering
that 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 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 5 of 12
FORM A
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
(to be filled in by the court)
Town, State, Zip Code
Telephone Number
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
CIVIL ACTION
Notice of Motion
for Summary Judgment
_____ I DO NOT request Oral Argument
_____ I request Oral Argument
If you requested Oral Argument do you
wish to request:
An interpreter: Yes No
Language: .
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, _________
(Address of Courthouse) (zip code)
in the above entitled matter for an Order for Summary Judgment.
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 asking the court to make a final decision against you without a trial or an opportunity for you to present
your case to the judge. We are requesting that a decision be entered against you because we say that the
important facts are not in dispute and the law entitles us to a judgment. If you object to the motion, you must file a
written response stating what facts are disputed and why a decision should not be entered against you.
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 the entry of the order sought, the court in its discretion may enter the order against you without a trial.
DATE: SIGNATURE: _________________________
(Check One) __Plaintiff __ Defendant
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 6 of 12
FORM A (Second Page)
CERTIFICATION OF SERVICE
I certify that I served a copy of this motion (check one) personally on the person(s) or
attorney(s) listed below _______ by mailing it on this date 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 willfully 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
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 7 of 12
INSTRUCTIONS FOR COMPLETING FORM B
(CERTIFICATION IN SUPPORT OF A MOTION)
A. Type or print the Plaintiff’s name, current 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 on the form. 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 Docket No., fill in the docket number for 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.)
D. In the blank spaces, type or print the reasons why you think your motion should be
granted.
E. If you need additional pages to complete your motion, you may attach additional
pages 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 willfully 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 any additional pages you use. Also type or print whether
you are the plaintiff or defendant.
F. 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 8 of 12
FORM B
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
Town, State, Zip Code
(to be filled in by the court)
Telephone Number
CIVIL ACTION
Certification in Support of a Motion
for Summary Judgment
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
, of full age, being the (check one) Plaintiff
Defendant in this 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 willfully false, I am subject to punishment.
DATE: SIGNATURE: _________________________
(Check One) Plaintiff Defendant
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 9 of 12
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 on the form. 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 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.)
D. Complete the rest of the top of the form.
E. Leave the bottom of Form C 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 10 of 12
FORM C
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
(to be filled in by the court)
Town, State, Zip Code
Telephone Number
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
CIVIL ACTION
Order
for Summary Judgment
This matter being opened to the Court by ______________________________________, the
(Your name)
(check one) Plaintiff Defendant in the matter, by way of motion seeking an order for Summary
Judgment 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 hereof.
The motion was:
Opposed Unopposed ,
J.S.C.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 11 of 12
DIRECTORY OF SUPERIOR COURT SPECIAL CIVIL PART CLERK’S OFFICES
Atlantic County
Special Civil Part
Atlantic County Civil
Courthouse
1201 Bacharach Blvd.
Atlantic City, NJ 08401
(609)-345-6700; Ext. 3370
Bergen County
Special Civil Part
Bergen County Justice Center
Room 427, 10 Main Street
Hackensack, NJ 07601
(201)-527-2730
Burlington County
Burlington County Central
Processing Office
Attention: Special Civil Intake,
Courts Facility
49 Rancocas Rd.
Mount Holly, NJ 08060
(609)-518-2623
Camden County
Hall of Justice
101 S. 5th Street, Suite 150
Camden, NJ 08103-4001
(856)-379-2202
Cape May County
Special Civil Part
9 N. Main Street
Cape May Courthouse, NJ 08210
(609)-463-6502
Cumberland County
Special Civil Part
60 West Broad Street
Bridgeton, NJ 08302
(856)-453-4350
Essex County
Civil Customer Service
Hall of Records
Room 201
465 Dr. Martin Luther King Jr.
Blvd.
Newark, NJ 07102
(973)-693-5529
Gloucester County
Gloucester County Courthouse
Attn: Civil Case Management
Office
1 N. Broad St.
Woodbury NJ 08096
(856)-853-3392
Hudson County
Special Civil Case Management
Office
711 Administration Bldg.
595 Newark Avenue
Jersey City, NJ 07306
(201)-795-6680
Hunterdon County
Hunterdon County Justice Center
65 Park Avenue
P.O. Box 1069
Flemington, NJ 08822
(908)-237-5820
Mercer County
Mercer County Central Finance
Office
175 S. Broad St. 1st Floor
P.O. Box 8068
Trenton, NJ 08650
(609)-571-4490
Middlesex County
Middlesex Vicinage
Special Civil Part
3rd Floor - Tower
P.O. Box 1146
New Brunswick, NJ 08903-1146
(732)-519-3679
Monmouth County
Central Fee Office
P.O. Box 1260
Freehold, NJ 07728-1260
(732)-677-4223
Morris County
Morris County Courthouse
Special Civil Part
Washington and Court Sts.
P.O. Box 910
Morristown, NJ 07963-0910
(973)-656-4125
Ocean County
Ocean County Superior Court
Civil Intake
118 Washington St., Room 121
P.O.Box 2191
Toms River NJ 08754-2191
(732)-929-2016
Passaic County
New Courthouse
77 Hamilton Street, First Floor
Paterson, NJ 07505
(973)-247-8268
Salem County
Salem County Courthouse
Attn: Civil Case Management
Office
92 Market St.
Salem, NJ 08079
(856)-935-7510 x8213
Somerset County
Somerset County Civil Division
40 North Bridge Street, 1st. Fl.
P.O. Box 3000
Somerville, NJ 08876
(908)-231-7014
Sussex County
Special Civil Part
Sussex County Judicial Center
43-47 High St.
Newton, NJ 07860
(973)-579-0918
Union County
Special Civil Part
Old Annex, 3rd Floor
2 Broad Street
Elizabeth, NJ 07207
(908)-659-4900
Warren County
Warren County Civil Division
Courthouse
413 Second St.
P.O. Box 900
Belvidere, NJ 07823-1500
(908)-475-6144
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment)
Rev. 07/2009, CN 10150-English (Special Civil Part Clerk's Office) page 12 of 12
Summary Judgment
October 2006
HOW TO USE THIS ONLINE
This form can be filled out on screen, saved to your local
drive, and printed out on your local printer or it can be
printed out on your local printer for completion by hand
or typewriter.
The information you enter is NOT
submitted electronically.
Special Civil Part
Summary Judgment
October 2006
HOW TO REQUEST A JUDGMENT OR DISMISSAL
WITHOUT A TRIAL
(MOTION FOR SUMMARY JUDGMENT)
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 can use this packet if you want to file a Summary Judgment Motion in the Special Civil Part.
A Summary Judgment Motion is a written request in which you ask the court to make a final decision
against another party without a trial. A party (you) usually requests a summary judgment when the
important facts are not in dispute.
GENERAL REQUIREMENTS:
1. When you file this motion, you must include all of the following papers contained in this packet:
1. Notice of Motion for Summary Judgment
2. Certification in Support of the Motion
3. Certification of Service
4. Order for Summary Judgment
2. There is no fee for filing this motion in the Special Civil Part.
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.judiciary.state.nj.us). However, you are ultimately responsible for the content of
your court papers.
Send your completed forms to
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 1 of 12
Special Civil Part
Summary Judgment
October 2006
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. The law, the proofs
necessary to present your case, and the procedural
rules governing cases in the Law Division, Civil
Part are complex. Since valuable claims or
potentially heavy judgments may be at stake, most
litigants appearing in the Law Division, Civil Part
have a lawyer. If you are being sued, please contact
your insurance company to see if they might
provide a lawyer for you. Most likely your
opponent will be represented by a lawyer. It is
recommended that you make every effort to obtain
the assistance of a lawyer. 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. Their 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. That 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 will sometimes consult with you at a reduced
fee. There are also 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.
If you decide to proceed without an attorney, these
materials explain the procedures that must be
followed to have your papers properly filed and
considered by the court. These materials do not
provide information on the law governing your
claims or defenses; information on how to conduct
pretrial discovery; information on alternative
dispute resolution procedures, such as arbitration or
mediation, that may be available or required in your
case; information on the kinds of evidence you need
to prove your claims or defense at trial; or
information on other procedural and evidentiary
rules governing civil law suits.
WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in
court, you should not expect special treatment, help
or attention from the court. The following is a list of
some things court staff can and cannot do for you.
Please read it carefully before asking 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 copies of all completed forms and
documents related to your case
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 2 of 12
Special Civil Part
Summary Judgment
October 2006
DEFINITIONS OF WORDS USED IN THIS PACKET
Answer - An answer is a written response which explains why you feel 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.
Summary Judgment Motion - A Summary Judgment Motion is a written request in which you ask the court to
make a final decision against another party without a trial. It is usually used when all parties agree on the
important facts.
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.
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.
HOW TO FILE A MOTION FOR SUMMARY JUDGMENT 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. 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 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.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 3 of 12
Special Civil Part
Summary Judgment
October 2006
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 (Form A, second page)
__ Certification in Support of the Motion (Form B)
__ 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 return receipt requested and
regular mail. This will provide you with a green receipt
card that 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 the
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 to provide a copy to all
other parties involved in this motion.
STEP 7: Requesting Oral Argument
You may ask for oral argument, which means you
are asking to personally appear before the 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)
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 your
self.
__ 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.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 4 of 12
INSTRUCTIONS FOR COMPLETING FORM A
(NOTICE OF MOTION FOR SUMMARY JUDGMENT)
A. Print or type the Plaintiff’s name, 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. Print or type the Defendant’s name, current address and telephone number where
Form A asks you to do so on the form. 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.
B. 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 you can call the
court for this information.)
D. Check off whether or not you want to request Oral Argument. (See Step 7 on page
6 for more information about this.)
E. Where it says “Please Take Notice,” type or print the name of the county where you
are filing your motion and print or type the address of the courthouse.
F. Sign and date the form where it asks you to do so and check whether you are the
Plaintiff or Defendant.
G. 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 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, remembering
that 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 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 5 of 12
FORM A
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
(to be filled in by the court)
Town, State, Zip Code
Telephone Number
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
CIVIL ACTION
Notice of Motion
for Summary Judgment
_____ I DO NOT request Oral Argument
_____ I request Oral Argument
If you requested Oral Argument do you
wish to request:
An interpreter: Yes No
Language: .
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, _________
(Address of Courthouse) (zip code)
in the above entitled matter for an Order for Summary Judgment.
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 asking the court to make a final decision against you without a trial or an opportunity for you to present
your case to the judge. We are requesting that a decision be entered against you because we say that the
important facts are not in dispute and the law entitles us to a judgment. If you object to the motion, you must file a
written response stating what facts are disputed and why a decision should not be entered against you.
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 the entry of the order sought, the court in its discretion may enter the order against you without a trial.
DATE: SIGNATURE: _________________________
(Check One) __Plaintiff __ Defendant
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 6 of 12
FORM A (Second Page)
CERTIFICATION OF SERVICE
I certify that I served a copy of this motion (check one) personally on the person(s) or
attorney(s) listed below _______ by mailing it on this date 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 willfully 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
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 7 of 12
INSTRUCTIONS FOR COMPLETING FORM B
(CERTIFICATION IN SUPPORT OF A MOTION)
A. Type or print the Plaintiff’s name, current 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 on the form. 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 Docket No., fill in the docket number for 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.)
D. In the blank spaces, type or print the reasons why you think your motion should be
granted.
E. If you need additional pages to complete your motion, you may attach additional
pages 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 willfully 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 any additional pages you use. Also type or print whether
you are the plaintiff or defendant.
F. 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 8 of 12
FORM B
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
Town, State, Zip Code
(to be filled in by the court)
Telephone Number
CIVIL ACTION
Certification in Support of a Motion
for Summary Judgment
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
, of full age, being the (check one) Plaintiff
Defendant in this 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 willfully false, I am subject to punishment.
DATE: SIGNATURE: _________________________
(Check One) Plaintiff Defendant
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 9 of 12
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 on the form. 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 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.)
D. Complete the rest of the top of the form.
E. Leave the bottom of Form C 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.)
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 10 of 12
FORM C
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
Plaintiff’s Name (first, middle, last)
County
Address
Docket Number
(to be filled in by the court)
Town, State, Zip Code
Telephone Number
Defendant’s Name (first, middle, last)
Address
Town, State, Zip Code
Telephone Number
CIVIL ACTION
Order
for Summary Judgment
This matter being opened to the Court by ______________________________________, the
(Your name)
(check one) Plaintiff Defendant in the matter, by way of motion seeking an order for Summary
Judgment 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 hereof.
The motion was:
Opposed Unopposed ,
J.S.C.
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment) page 11 of 12
DIRECTORY OF SUPERIOR COURT SPECIAL CIVIL PART CLERK’S OFFICES
Atlantic County
Special Civil Part
Atlantic County Civil
Courthouse
1201 Bacharach Blvd.
Atlantic City, NJ 08401
(609)-345-6700; Ext. 3370
Bergen County
Special Civil Part
Bergen County Justice Center
Room 427, 10 Main Street
Hackensack, NJ 07601
(201)-527-2730
Burlington County
Burlington County Central
Processing Office
Attention: Special Civil Intake,
Courts Facility
49 Rancocas Rd.
Mount Holly, NJ 08060
(609)-518-2623
Camden County
Hall of Justice
101 S. 5th Street, Suite 150
Camden, NJ 08103-4001
(856)-379-2202
Cape May County
Special Civil Part
9 N. Main Street
Cape May Courthouse, NJ 08210
(609)-463-6502
Cumberland County
Special Civil Part
60 West Broad Street
Bridgeton, NJ 08302
(856)-453-4350
Essex County
Civil Customer Service
Hall of Records
Room 201
465 Dr. Martin Luther King Jr.
Blvd.
Newark, NJ 07102
(973)-693-5529
Gloucester County
Gloucester County Courthouse
Attn: Civil Case Management
Office
1 N. Broad St.
Woodbury NJ 08096
(856)-853-3392
Hudson County
Special Civil Case Management
Office
711 Administration Bldg.
595 Newark Avenue
Jersey City, NJ 07306
(201)-795-6680
Hunterdon County
Hunterdon County Justice Center
65 Park Avenue
P.O. Box 1069
Flemington, NJ 08822
(908)-237-5820
Mercer County
Mercer County Central Finance
Office
175 S. Broad St. 1st Floor
P.O. Box 8068
Trenton, NJ 08650
(609)-571-4490
Middlesex County
Middlesex Vicinage
Special Civil Part
3rd Floor - Tower
P.O. Box 1146
New Brunswick, NJ 08903-1146
(732)-519-3679
Monmouth County
Central Fee Office
P.O. Box 1260
Freehold, NJ 07728-1260
(732)-677-4223
Morris County
Morris County Courthouse
Special Civil Part
Washington and Court Sts.
P.O. Box 910
Morristown, NJ 07963-0910
(973)-656-4125
Ocean County
Ocean County Superior Court
Civil Intake
118 Washington St., Room 121
P.O.Box 2191
Toms River NJ 08754-2191
(732)-929-2016
Passaic County
New Courthouse
77 Hamilton Street, First Floor
Paterson, NJ 07505
(973)-247-8268
Salem County
Salem County Courthouse
Attn: Civil Case Management
Office
92 Market St.
Salem, NJ 08079
(856)-935-7510 x8213
Somerset County
Somerset County Civil Division
40 North Bridge Street, 1st. Fl.
P.O. Box 3000
Somerville, NJ 08876
(908)-231-7014
Sussex County
Special Civil Part
Sussex County Judicial Center
43-47 High St.
Newton, NJ 07860
(973)-579-0918
Union County
Special Civil Part
Old Annex, 3rd Floor
2 Broad Street
Elizabeth, NJ 07207
(908)-659-4900
Warren County
Warren County Civil Division
Courthouse
413 Second St.
P.O. Box 900
Belvidere, NJ 07823-1500
(908)-475-6144
Revised 10/2006, CN 10544-English (How to Request a Judgment or Dismissal Without a Trial - Summary Judgment)
Rev. 07/2009, CN 10150-English (Special Civil Part Clerk's Office) page 12 of 12
How to File a Motion in the Special Civil Part 10543
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 1 of 9
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 2 of 9
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 .
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 3 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 4 of 9
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.
+++++++
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 5 of 9
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)
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 6 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 7 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 8 of 9
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 9 of 9
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 1 of 9
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 2 of 9
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 .
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 3 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 4 of 9
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.
+++++++
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 5 of 9
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)
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 6 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 7 of 9
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
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 8 of 9
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.
Revised 06/2008, CN 10543-English (How to File a Motion in the Special Civil Part) Page 9 of 9
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