Fillable 10556 Response To A Motion Kit (NJ Judiciary)

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10556 Response To A Motion Kit (NJ Judiciary)

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04/2008, CN 10556 page 1 of 7
Civil - Law
How to File a Response to a Motion - Law Division - Civil Part
April 2008
How to File a Response to a Motion in the Superior Court of New
Jersey - Law Division - Civil Part
Who Should Use This Packet?
You should use this packet if you are a party to a lawsuit and you have received a Notice of Motion and
supporting documents from another party in your case and you want to object to what that person is
asking for. Unless you have received a motion for summary judgment, you MUST respond to the
moving papers at least 8 days before the return date listed on the Notice of Motion. A summary
judgment motion requires that the response be filed at least 10 days before the return date.
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.
How to File a Response to a Motion - Law Division - Civil Part
04/2008, CN 10556 page 2 of 7
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 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 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.
How to File a Response to a Motion - Law Division - Civil Part
04/2008, CN 10556 page 3 of 7
Definitions of Words Used in This Packet
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 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(ies) in the case.
Docket Number - A docket number is the number the court assigns to a case so that it may be identified and
located easily. You must include the docket number on all your communications regarding your case. Note:
Documents without a docket number cannot be filed.
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. You should obtain the motion schedule on line from the judiciary website at: njcourts.gov. It is the
litigant’s responsibility to contact the courthouse in the county where the case is filed to inquire about the
motion day and to confirm if a case is scheduled for a hearing.
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. A Notice of Motion must identify the
courthouse where the motion will be heard (the courthouse in the county where the case is filed).
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 is a Latin term that means “on one’s own behalf.” A plaintiff or defendant in a law suit who
does not have an attorney is said to be appearing pro se.
Proof of Mailing - Proof of mailing is the form in which you provide the dates and 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.
How to File a Response to a Motion - Law Division - Civil Part
04/2008, CN 10556 page 4 of 7
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 to Take to Respond to a Motion
STEP 1: Complete the Certification in
Opposition to Motion and Certification of Service
(Form A).
The Certification in Opposition to Motion tells the
court the reasons why you object of the ruling
requested by your adversary and why the court
should deny the request. Fill in the required
information.
You must indicate whether you want to waive oral
argument and let the judge decide the motion on the
papers or not. 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.
The Certification of Service tells the court the date
on which you mailed the copies of your response to
your adversary.
STEP 2: Prepare Your Response For Mailing
Checklist – You will need the following items
The original of your Certification in
Opposition to Motion for filing in court. If
you want the court to return a copy stamped
“filed,” you should include a copy and a
stamped self-addressed envelope.
One copy of the Certification for each party
to the lawsuit
STEP 3: Mail the Certification In
Opposition To Motion to Your Adversary and
Any Other Party to the Lawsuit.
You must serve your adversary no later than 8 days
before the specified return date of the notice of
motion (10 days if it is opposition to a motion for
summary judgment). While the court rules do not
require you to send your papers by certified mail, it
is suggested that you send your certification 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 4: Mail or Deliver the Certification in
Opposition to Motion 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 of the
Certification. If you want the court to return a copy
marked “filed” to you, include a copy of the
certification along with 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.
How to File a Response to a Motion - Law Division - Civil Part
04/2008, CN 10556 page 5 of 7
Instructions for Completing the Certification in Opposition to Motion (Form A)
1. At the top left of the form, enter your name, address, daytime phone number, and email address. If you are
not an attorney, leave the Attorney ID field blank.
2. On the line labeled Plaintiff(s), type or print the plaintiff’s name.
3. On the line labeled Defendant(s), enter the name(s) of the defendants listed on the complaint.
4. On the line labeled County, enter the county where the case is filed.
5. On the line labeled Docket No., enter the docket number. This information can be found in the complaint that
was served on you.
6. On the line that says I, , am the plaintiff defendant in the above-captioned matter, enter your
name, then select the appropriate party (plaintiff or defendant).
7. After the text I hereby enter my objection to the Motion to, enter the type of motion you were served with.
8. Select the appropriate party (plaintiff or defendant) for filed by the.
9. After the line This motion should be denied because, state the facts supporting why your opposition to the
motion should be granted. Attach additional sheets if necessary.
10. Under Pursuant to R. 1:6-2(d), the undersigned, select one of the checkboxes regarding oral arguments. If
you select Requests oral argument for the following reasons, state your reasons for doing so in the space
following the checkbox.
11. Date and sign the form, and print your name under the signature. Note: when you fill out this form, you are
certifying that the statements made on the form are true. If you willfully make false statements, you may be
subject to punishment.
Instructions for Completing the Certification of Service (Form A)
1. Enter the date you mailed copies of the documents to your adversaries.
2. Select the mailing method you used (regular or certified mail). If you sent it by both regular and certified
mail, return receipt requested, check both.
3. List the name and address for each party to the lawsuit. If the party is represented by an attorney, enter the
attorney’s name and address and enter which party the attorney represents. If the party is pro se you may
send the papers directly to that individual.
4. Date and sign the form, and print your name under the signature.
Form A
04/2008, CN 10556 page 6 of 7
NOTICE: This is a public document. Do not enter personal identifying information on it, such as your Social Security
number, driver’s license number, or active bank or credit card accounts. This document as submitted will be available to the
public upon request.
NJ Attorney ID (if applicable)
Address
Telephone Number
Superior Court of New Jersey
Law Division - Civil Part
County
Docket No.
Plaintiff(s)
Civil Action
Certification in Opposition
to Motion
v.
Defendant(s)
I,
, am the plaintiff defendant in the above-captioned matter. I
hereby enter my objection to the Motion to
filed by the plaintiff defendant
This motion should be denied because:
Pursuant to
R. 1:6-2(d), the undersigned: (check one)
Waives oral argument and consents to disposition on the papers.
Requests oral argument for the following reasons:
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
Save
Print
Clear
04/2008, CN 10556 page 7 of 7
Certification of Service
I, further certify that on , I sent my opposition to the motion to the following by: (Check
which mailing method you chose. If you sent it by both regular and certified mail, return receipt
r
equested, check both)
regular mail
certified mail, return receipt requested
List each party to the lawsuit
. Send your opposition to the attorney if the party is represented by
counsel; if the party is
pro se you may send the papers directly to that individual.
Name
Address
Address
Attorney for
Attorney for
Date
Signature
Print Name
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