Fill - Free fillable 10555 Motion Supct (NJ Judiciary) PDF form

Revised 11/2014, CN 10555 page 1 of 10

CIVIL – LAW

How to File a Motion

Updated November 2014

How to File a Motion

(Superior Court of New Jersey - Law Division – Civil Part)

Who Should Use This Packet?

You should use this packet if you want to ask the judge for a specific ruling or order during the course of

your lawsuit. Any party to a case may bring a motion. The person bringing the motion is called the

moving party. Examples of motions include:

 Motion to dismiss the complaint

 Motion for entry of default

 Motion to vacate a default judgment

 Motion for summary judgment

 Motion to strike an answer for failure to answer interrogatories

 Motion to compel discovery.

Caution: Some Civil Part cases are very complex and you should consider getting a lawyer.

See information on page 2 titled “TRY TO GET A LAWYER.”

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 njcourts.gov. However, you are ultimately responsible for the

content of your court papers. With limited exceptions, any paper filed with the court can be looked at by the

public.

Completed forms are to be submitted to the county where you are filing your case. A list of

Superior Court Offices is provided at the customer counter or at njcourts.gov.

Revised 11/2014, CN 10555 page 2 of 10

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 it 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 online 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. 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.

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 defenses at trial; or

information on other procedural and evidentiary

rules governing civil lawsuits.

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 copies of all completed forms and

documents related to your case.

Revised 11/2014, CN 10555 page 3 of 10

Definitions of Words Used in This Packet

Adversary – Your adversary in a lawsuit is the person or persons whose position is opposite to you. In a case in which

there is only a plaintiff and a defendant and you are the plaintiff, your adversary is the defendant. Likewise, if you are

the defendant, your adversary is the plaintiff. In this packet, service on your adversary means service on the attorney(s)

representing your adversary or adversaries and/or on any party(ies) not represented by counsel.

Brief - A brief is a written argument submitted to the court in which you present the facts and the history of your case

and the legal argument supporting the request you have made to the court in your motion.

Calendar motion - A calendar motion asks the court for a ruling related to the scheduling or timing of your case, such

as a motion for more time to file papers. Before filing a calendar motion, the moving party must try to resolve the

matter with the other party(ies) in the case.

Certification - A certification is a written statement you make when you file your papers with the court in which you

state that all the information contained in the papers is true to the best of your knowledge.

Discovery End Date – The discovery end date is the date assigned by the court by which discovery in your case must

be completed.

Discovery Motion - A discovery motion asks the court for a ruling on some phase of the discovery process such as a

motion for more specific answers to interrogatories, a motion to compel depositions. Before filing a discovery motion,

the moving party must try to resolve the matter with the other party in the case.

Docket Number - The docket number is the number the court assigns to your case so that it may be identified and

located easily. Once you have a docket number, you must include it on all your communications with the court.

Motion - A motion is an application to the court for a specific order or ruling to be made in favor of the person making

the motion (the movant).

Motion Day - Courts hear motions on specified days (usually Fridays) on the court calendar called motion days. A

schedule of the court’s motion days can be obtained from the court staff or on Internet at the Judiciary’s website at

njcourts.gov.

Movant or moving party - The movant or moving party is the person who is bringing the motion.

Notice of Motion - A notice of motion is the form used to inform the court and all opposing parties that the moving

party is seeking a specific ruling or order from the court.

Oral argument - Oral argument refers to the appearance in court by the parties to present their positions to the judge in

person. Either side may request oral argument, but the decision on whether there will be oral argument is up to the

judge. If oral argument is not requested by either of the parties or the judge, the motion will be decided “on the

papers.”

Pro Se - Pro se means by oneself. A pro se litigant represents him or herself in court without the aid of counsel.

Proof of Mailing - Proof of mailing is the form in which you provide the dates and the method you used to give the

other parties copies of the papers that you filed in court.

Proposed Form of Order - A proposed order is a form that the judge can use to either grant or deny the relief sought in

the motion. Every motion must be accompanied by a proposed form of order.

Return date - The return date is the date on which the court will consider the motion. If you request oral argument,

you must appear before the judge. If no oral argument is requested, the matter will be decided “on the papers.” That is,

the judge will decide the motion on what has been submitted in the moving papers and in the opposition papers, without

having anyone appear in court.

Summary judgment - A motion for summary judgment asks the court to resolve the case in the moving party’s favor

without a trial because there is no dispute over the facts of the case and the law supports the moving party’s position

Revised 11/2014, CN 10555 page 4 of 10

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 printed clearly on 8 ½ “x 11” white paper only. Forms may not be filed

on a different size or color paper.

Steps for Filing a Motion

Note: Before you file a calendar or discovery

motion, you must contact your adversary’s

attorney or the pro se party to attempt to resolve

the matter. The Certification Regarding

Attempts to Resolve tells the court that you have

personally conferred with the attorney or pro se

party and were unsuccessful in resolving the issue

OR that you made a good faith but unsuccessful

effort to contact your adversary and detail the

steps you took to establish contact OR that you

have notified your adversary in writing that

unless the discovery requests have been complied

with you will file a motion.

STEP 1 - Complete the Notice Of Motion and the

Certification Regarding Attempts To Resolve

(Form A).

In the Notice of Motion, you inform the court and all

parties that you have asked for a specific ruling or

order and you specify the type of ruling you want.

Motions are heard in court on specified days. You

should obtain the motion schedule either from the

clerk’s office or on line from the judiciary website

at: njcourts.gov.

You should pick a motion day at least 3 weeks from

the date you mail your motion papers in order to

give your adversary the 16 days before the return

date as required by the court rules. Note: If you

are filing a motion for summary judgment, you

must file it no later than 28 days before the time

specified for the return date.

You must indicate whether you want to waive oral

argument and let the judge decide the motion on the

papers or not. You can ask the court for oral

argument only if your adversary opposes the motion

or you can ask for oral argument on your own. If

you request oral argument, you must tell the court

why you think it is necessary.

Note: The judge makes the decision on whether

there should be oral argument. The judge may

request it even if neither party asked for it.

Similarly, the judge may deny the request for

oral argument.

If you have received notification of the date by

which discovery should be completed in your case,

you must indicate that date in the space provided. If

a date has not been assigned, you must check the

statement that indicates that no date has been

assigned.

You must also indicate on the Notice of Motion any

dates that have been set by the court for conferences,

arbitration, or trial. For discovery and calendar

motions, you must complete the Certification

Regarding Attempts to Resolve to inform the court

what efforts you have made to contact your

adversary to resolve the issue in the two week period

immediately before filing the motion.

NOTE: If this is the first paper you are filing in this

case, (i.e., you have not already filed an answer to

the complaint), you must certify that you have

redacted (blacked out) any personal identifiers

(Social Security numbers, driver’s license numbers,

vehicle plate numbers, insurance policy numbers,

active financial account numbers, or active credit

card numbers) from any paper filed with the court,

unless any such personal identifier is required to be

included by statute, rule, administrative directive or

court order. If an active financial account is the

subject of your case and cannot otherwise be

identified, you may use the last four digits of the

account to identify it.

NOTE: Do not redact (black out) this information

in the original papers that you are keeping (such as a

police accident report) since you may have to show

them to the court at some point.

STEP 2 - Complete the Certification in Support of

the Motion and the Certification of Service (Form

B).

The Certification in Support of the Motion tells the

court the reasons why you want the ruling you have

requested and the reasons why the court should grant

your request. You must also complete the

Certification of Service which tells the court the date

on which you mailed the copies of the documents to

your adversary.

Revised 11/2014, CN 10555 page 5 of 10

STEP 3 - Complete the Proposed Form of Order

(Form C).

Fill in the information up to the line for the date of

the order. Leave that and the rest of the form blank.

The terms of the Order will be completed by the

judge when the motion is decided.

If you are filing a motion for summary judgment,

you must also include a legal brief in which you

state the facts of your case and the law that

supports your position.

STEP 4 - Attach the filing fee.

The fee for filing a motion in Superior Court is

$50.00. Write a check in that amount payable to the

Treasurer, State of New Jersey. Note: If this

motion is the first paper you are filing with the

court in this case (that is, you have not previously

answered or otherwise responded to the

complaint), the filing fee is $175.00.

STEP 5 - Check your completed forms.

Check your forms to make sure that they are

complete and that you have signed them in the

appropriate places. Make at least four copies of the

completed forms.

Checklist: You must have the following items:

The original Notice of Motion, Certifications,

and proposed form of Order (Forms A, B and

C). If you wish the court to return to you a

copy marked “filed,” you must include a copy

and a stamped, self-addressed envelope. You

will need a brief in support of a motion for

summary judgment.

A money order or check made out to

Treasurer, State of New Jersey in the amount

of $50.00 (or $175.00 if this is the first paper

filed)

A stamped self-addressed envelope, if you

want a copy stamped “filed.”

One copy of the Notice of Motion,

Certification, and proposed form of Order

(and brief, if applicable) to serve on your

adversary’s attorney or the adversary, if pro

se.

STEP 6 - Mail the Notice of Motion, Certification

and Proposed Form of Order to your adversary

and any other party to the lawsuit.

You must serve your adversary no later than 16 days

before the specified return date on your notice of

motion. [If you are filing a motion for summary

judgment, you must file it not later than 28 days

before the time specified for the return date]. While

the court rules do not require you to use certified

mail, it is suggested that you send your motion and

supporting papers by regular and certified mail,

return receipt requested. You will then have the

green card when it is returned to you as proof of

service.

STEP 7 - Mail or deliver the forms to the court.

You may deliver your papers to the court in person

or you may mail them. The court address is

available on line at njcourts.gov. If you mail the

papers, we recommend that you use certified mail,

return receipt requested.

Mail or deliver to the court the original Notice of

Motion, Certification and proposed form of Order.

If you wish the court to send you back a copy of

these papers stamped “filed,” you must include an

additional copy and a self-addressed, stamped

envelope.

Keep copies of all papers you provide to the court

or any other party. Make and keep for yourself

copies of all completed forms and any canceled

checks, money orders, receipts, bills, contract

estimates, letters, leases, photographs and other

important papers that relate to your case.

Form A

Revised 11/2014, CN 10555 page 6 of 10

Name

NJ Attorney ID Number (if applicable)

Address

Telephone Number

Superior Court of New Jersey

Law Division

County

Docket Number

Plaintiff(s)

Civil Action

Notice of Motion

Defendant(s)

To:

TAKE NOTICE that the undersigned will apply to the above named Court located at

, on , at 9:00 a.m. for an Order

to (describe relief requested):

I will rely on the attached certification which contains the grounds for the relief sought.

Pursuant to R. 1:6-2(d), the undersigned: (check one)

Waives oral argument and consents to disposition on the papers.

Requests oral argument if this matter is contested.

Requests oral argument for the following reasons:

A proposed form of Order is attached.

Court Dates

No pre-trial conference, arbitration proceeding, calendar call or trial date has been set except as follows: (If any

dates have been scheduled, note them here; otherwise state “none”)

Discovery End Date

Discovery in this matter is scheduled to be completed on

A discovery end date has not been assigned to this matter.

Save

Clear

Form A

Revised 11/2014, CN 10555 page 7 of 10

Certification Regarding Attempts to Resolve

(Required for discovery and calendar motions – check one)

I certify that I have personally discussed this matter with the attorney for the opposing party, or the opposing

party if appearing pro se, in order to resolve the issues raised by this motion. This effort was not successful.

I certify that I have made a good faith effort to personally discuss this matter with the attorney for the

opposing party, or with the party if appearing pro se, in order to resolve the issues raised by this motion. The

effort I made included the following action: (specify attempts to confer):

I certify that I have advised the attorney for the opposing party, or the party if appearing pro se, by letter that

if I will make this motion if she/he continues to fail to comply with my discovery request.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are

willfully false, I am subject to punishment.

Date

Signature

Print Name

If this is the first paper you are filing in this case, you must sign the following certification.

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and

will be redacted from all documents submitted in the future in accordance with Rule 1:38-77(b).

Date

Signature

Print Name

Form B

Revised 11/2014, CN 10555 page 8 of 10

Name

NJ Attorney ID Number (if applicable)

Address

Telephone Number

Superior Court of New Jersey

Law Division

County

Docket Number

Plaintiff(s)

Civil Action

Certification in Support of Motion

Defendant(s)

I, , am the (check one) plaintiff defendant in the above-

captioned matter. I make this certification in support of my motion to: (state what you want the court to do)

This motion should be granted because: (State the basis for your motion and why is should be granted. Use extra

paper if necessary.)

I certify that the above statements made by me are true and that if any of the statements are willfully false, I am

subject to punishment.

Date

Signature

Print Name

Form B

Revised 11/2014, CN 10555 page 9 of 10

Certification of Service

I certify that on , I sent a copy of the Notice of Motion, Certification, and proposed form of Order

to the following parties by: (Check which mailing method you chose. If you sent it by both regular and certified

mail, return receipt requested, check both)

regular mail

certified mail, return receipt requested

List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel.

Name

Address

Attorney for

Date

Signature

Print Name

Form C

Revised 11/2014, CN 10555 page 10 of 10

Name

NJ Attorney ID Number (if applicable)

Address

Telephone Number

Superior Court of New Jersey

Law Division

County

Docket Number

Plaintiff(s)

Civil Action

Order

Defendant(s)

This matter having been brought before the Court on Motion of (check one) plaintiff defendant for an

Order (describe relief requested)

and the Court having considered the matter and for good cause appearing,

It is on this day of , 20 , ORDERED as follows:

, J.S.C.

Opposed

Unopposed

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