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How To File A Motion In The Special Civil Part (NJ Judiciary)

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Revised 06/15/2018, CN 10543 page 1 of 9
Civil – SCP
How to File a Motion in the Special Civil Part
Updated June 15, 2018
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:
• Notice of Motion (including the Certification of Service at the bottom of the Notice of Motion)
• Certification in Support of the Motion
• Order
2.
Fees: The fee for filing a motion in the Special Civil Part is $25 unless in relation to filing a motion to
vacate a default or a default judgment (step #6, page 4
). There is no fee to file a motion in the Small Claims
Section of the Special Civil Part.
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 Failure 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 njcourts.gov. However, you are ultimately responsible for the content of your court
papers.
Completed forms are to be submitted to the county where you are filing your case. A list of Special Civil
Part Offices is provided at the customer counter and at njcourts.gov
Civil – SCP, How to File a Motion in the Special Civil Part
Revised 06/15/2018, CN 10543 page 2 of 9
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
online or 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 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 can cannot not 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.
Civil – SCP, How to File a Motion in the Special Civil Part
Revised 06/15/2018, CN 10543 page 3 of 9
Definitions of Words Used in This Packet
Answer - An answer is a written response which explains why you think you do not owe the money
to the other party in the case.
Complaint - A complaint is a 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 docket number is 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 position or 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 – An oral argument is when you personally appear 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 – The Return Date is the date the plaintiff and defendant are ordered to appear in court.
Service - Service is mailing or delivering copies of your papers to the lawyer for the other party, or to
the other party if there is no lawyer.
Civil – SCP, How to File a Motion in the Special Civil Part
Revised 06/15/2018, CN 10543 page 4 of 9
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 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. 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
(Form A, page 2)
The Certification of Service is located on page 2 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 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
The fee for filing a motion is $25. 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 Office of the Special Civil Part to
find out the amount of the fee. There is no fee
to file a motion in the Small Claims Section of
the Special Civil Part.
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 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
Civil – SCP, How to File a Motion in the Special Civil Part
Revised 06/15/2018, CN 10543 page 5 of 9
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 06/15/2018, CN 10543 page 6 of 9
Superior Court of New Jersey
Plaintiff’s Name (first, middle, last)
Law Division
Special Civil Part
Address Check if new address/phone number
County
Docket Number
City, State, Zip Code
Civil Action
Notice of Motion
Telephone Number
vs.
(check one)
Defendant’s Name (first, middle, last)
I do not request Oral Argument
I request Oral Argument
Address Check if new address/phone number
If you requested Oral Argument do you wish to request:
City, State, Zip Code
An Interpreter:
Yes
No
Indicate Language:
Telephone Number
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 (address) ,
in the above entitled matter for 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
(must include answer, any cross-claims or counterclaims, and the
ap
plication fee; see step 6 on page 4)
Other (Specify) .
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 knowingl
y 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 y
ou 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 s
ervice 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 Name
Check one:
Plaintiff
Defendant
Save
Print
Clear
Revised 06/15/2018, CN 10543 page 7 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 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 Your Name
Check one
Plaintiff
Defendant
Revised 06/15/2018, CN 10543 page 8 of 9
Superior Court of New Jersey
Plaintiff’s Name (first, middle, last)
Law Division
Special Civil Part
Address Check if new address/phone number
County
Docket Number
City, State, Zip Code
Civil Action
Certification in Support of Motion to
Telephone Number
vs.
Permit Discovery
Defendant’s Name (first, middle, last)
Amend Judgment
Vacate Dismissal/Reinstate Complaint
Address Check if new address/phone number
Enter Judgment Out of Time
Amend Complaint
City, State, Zip Code
Vacate Default/Vacate Default Judgment
(must include answer, any cross-claims or counterclaims, and the
application fee; see step 6 on page 4)
Telephone Number
Amend Answer
Other (Specify)
, (your name) of full age, being the (check one) Plaintiff Defendant
in the 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 willfully false, I am subject to punishment.
Date
Signature
Type or Print Name
Check one:
Plaintiff
Defendant
Revised 06/15/2018, CN 10543 page 9 of 9
Superior Court of New Jersey
Plaintiff’s Name (first, middle, last)
Law Division
Special Civil Part
Address Check if new address/phone number
County
Docket Number
City, State, Zip Code
Civil Action
Order
Telephone Number
vs.
Defendant’s Name (first, middle, last)
Address Check if new address/phone number
City, State, Zip Code
Telephone Number
This matter being opened to the court by
(your name) , the
(check one) 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.
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How To File A Motion In The Special Civil Part (NJ Judiciary)

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