NEW JERSEY LAW DIVISION TRIAL FAQS

CAN I JUST SHOW UP TO A NEW JERSEY LAW DIVISION TRIAL WITH DOCUMENTS AND EXPECT TO WIN MY NEW JERSEY LAW DIVISION CASE?

Many people think they just file a complaint or answer and then show up in New Jersey Law Division court with papers and tell their story.  This is not always how New Jersey Law Division trials work!   Never assume you can just show up to court with documents and use them to support your New Jersey Law Division Trial of your New Jersey Law Division case or even refer to them at your New Jersey Law Division Trial.  While it is true that you must bring all documents, photographs, videos and other items with you to your New Jersey Law Division Trial that are necessary to prove your New Jersey Law Division case (preferably originals), even if you bring such documents and items to court, your New Jersey Law Division may refuse to allow you to use them at your New Jersey Law Division Trial.  New Jersey has published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at your New Jersey Law Division Trial.  Accordingly, before trial, you must consult all of the New Jersey Court Rules to determine how you intend to get your documents and items into evidence or how to properly use them at your New Jersey Law Division Trial.  Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial.  For example, it is very common for courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared.  Often parties stumble into court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents.  Without the proper preparation, items and documents may never be considered by your New Jersey Law Division court.  Written requests for information served and answered in advance of a New Jersey Law Division trial are often useful tools to get the information needed before a New Jersey Law Division trial to prove a case or a defense.

SERVE WRITTEN REQUESTS FOR INFORMATION UPON YOUR OPPONENTS BEFORE YOUR NEW JERSEY LAW DIVISION TRIAL DATE

One thing you can do in advance of trial to prepare for it is to serve written requests for information to secure facts and documents you may need to prove your New Jersey Law Division case.   Before trial, the parties involved in a New Jersey Law Division lawsuit may engage in discovery – a factfinding process during which each party tries to find out more about the other party’s position.  Discovery often involves parties serving each other with written requests for information called interrogatories, notices to produce (sometimes also called requests for production of documents) and requests for admissions.  These requests are served by you and not your New Jersey Law Division by mailing the documents via regular and certified mail, return receipt requested (if the other party is unrepresented) on the other parties or by regular mail only on the other parties’ attorney, if they are represented by an attorney.  However, it is often best to send all documents to any opponent by regular main and also by certified mail, return receipt requested to make sure you have proof that the documents were received by your opponent.  If either party fails to answer these requests in writing or fails to answer the requests with sufficient thoroughness, the Law Division may punish the delinquent party, such as by throwing their complaint out of court or suppressing their answer.  Many people trying to defend New Jersey Law Division debt collection cases ignore discovery demands served on them and thereafter have their answer suppressed and a money judgment entered against them.  At some point after your New Jersey Law Division complaint is filed and answered, your New Jersey Law Division will schedule an arbitration and/or trial date.   Failure to carefully prepare and serve thorough written requests for information could result in your losing your New Jersey Law Division debt collection case, since you may be in the dark about what the other party intends to do at your New Jersey Law Division trial.  If a case is coming up for arbitration and/or trial and you never received responses to your written requests for information, you may have a right to get more time from your New Jersey Law Division to get the requests answered.  Discovery can be a very tricky and important part of the New Jersey Law Division case and to make sure that it is conducted right, you should seriously consider hiring an attorney to prepare your written requests for information to your opponents or to other parties involved in the New Jersey Law Division case or even to witnesses and if you can afford it, to have an attorney represent you in court.  Through discovery, you may get the proofs you need to defend against a lawsuit or to prove it.  Even if you get no information, if you get complete responses to written requests for information which provide little proof against your position that may support your efforts to prosecute or defend against a New Jersey Law Division case.

MAKE SURE YOU RECEIVE COMPLETE RESPONSES TO YOUR WRITTEN REQUESTS FOR INFORMATION BEFORE YOUR NEW JERSEY LAW DIVISION TRIAL

If you do receive no written responses to your written requests for information or received incomplete responses but you believe in good faith that they are incomplete, you must take the proper steps necessary to assure that you get complete responses, which may require the filing of one or more motions.  Failure to take those steps in advance of trial may make any written requests for information that you served on opponents who failed to answer them worthless.  Do not wait to take action to make the necessary motion – the period for securing discovery in New Jersey Law Division cases is extremely short and you must file the motion as soon as you are able to do so or face a New Jersey Law Division trial without being prepared for it!    If you served written requests for information soon enough before trial, you may qualify to get a trial adjournment.  To do so, you must follow a series of steps a certain number of days before trial.

SUBPOENA ALL WITNESSES IN ADVANCE OF TRIAL TO APPEAR AT YOUR NEW JERSEY LAW DIVISION TRIAL

If you need to present information to prove your New Jersey Law Division case but do not have firsthand knowledge of the information, you must have a person familiar with that information to testify in New Jersey Law Division court.  To assure that they appear in New Jersey Law Division court, you need to serve those witnesses with subpoenas requiring them to appear before your New Jersey Law Division on your New Jersey Law Division Trial date.   A New Jersey Law Division subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk. Your New Jersey Law Division subpoena must state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The testimony of a party to the lawsuit (a plaintiff or a defendant involved in the lawsuit) who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at your New Jersey Law Division Trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial.  New Jersey Law Division subpoenas must include witness fees required by New Jersey law. A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof. A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).  Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

ORGANIZE AND PREMARK EXHIBITS FOR USE AT YOUR NEW JERSEY LAW DIVISION TRIAL

Before your New Jersey Law Division Trial, gather together all of your evidence, such as photographs, drawings, charts, parts, invoices, bills  and other types of records and mark them – with a pen on a place where the writing shall not obscure any print – “P-1”, “P-2”, “P-3”, etc. for plaintiff’s exhibits and “D-1”, “D-2”, “D-3”, etc. for defendant’s exhibits.  You only need to premark the exhibits you are using at your New Jersey Law Division Trial – not those your opponents may use at your New Jersey Law Division Trial.  Be sure to bring all original evidence (and copies if only copies are available) to trial for use at your New Jersey Law Division Trial.  Make a list of all of your exhibits to refer to during the trial and bring enough copies of the list and each complete set of exhibits to your New Jersey Law Division Trial - one for the judge, one for each of your opponents and one for you to use at your New Jersey Law Division Trial.  Failure to have all evidence at your New Jersey Law Division Trial could cause you to lose your New Jersey Law Division case!

ORGANIZE AND BRING YOUR NEW JERSEY LAW DIVISION CASE FILE TO TRIAL

Before your New Jersey Law Division Trial, gather together all motions, briefs, court notices, complaints, summonses, answers, subpoenas, written requests for information and answers to those requests and letters exchanged between the parties to the New Jersey Law Division case to your New Jersey Law Division Trial.  Bring all these documents to your New Jersey Law Division Trial.  Before your New Jersey Law Division Trial, organize these documents into separate files so that you can easily find what you need during your New Jersey Law Division Trial.  Failure to have your complete your New Jersey Law Division case file at your New Jersey Law Division Trial could cause you to lose your New Jersey Law Division case!

IF YOU HAVE TO PROVE YOUR NEW JERSEY LAW DIVISION CASE BY PRESENTING TECHNICAL, SCIENTIFIC OR MEDICAL INFORMATION, HIRE AN EXPERT WITNESS TO WRITE A COMPLETE EXPERT REPORT AND TO TESTIFY AT TRIAL

Often to prove one’s New Jersey Law Division case or to successfully defend against a New Jersey Law Division complaint, it is necessary to hire an expert witness to prepare a proper expert report and to testify regarding another party’s misconduct and the damages sustained as a result of the misconduct.  If scientific, technical, or other specialized knowledge will assist the factfinder at your New Jersey Law Division trial to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.  To be considered by your New Jersey Law Division, an expert’s opinion must meet three basic requirements:   (1) the intended testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony.  To meet the element of whether expert testimony is sufficiently reliable, the party offering the expert testimony must demonstrate that the expert’s opinion or theory is generally accepted within the scientific community.   An expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by experts in the field.  Bare conclusions of an expert that are not supported by factual evidence are inadmissible.  Likewise, expert conclusions based on discredited or improperly performed diagnostic tools are suspect.  An expert's trial testimony is confined to the opinion reflected in his or her report.  Many expert opinions are never admitted into evidence and experts are thereby prevented from testifying at your New Jersey Law Division trial because your New Jersey Law Division finds the reports unreliable and/or inadequate.  Therefore, simply hiring an expert does not assure that you shall get their testimony into evidence.  Professional experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform.  The expert normally sends a copy of their report to the party who hired the expert.  If your New Jersey Law Division case requires expert testimony and the matter goes all the way to trial, it shall be necessary to have the expert appear at and testify at same.  The expert usually charges additional fees for the time during which they must appear at your New Jersey Law Division trial but you may get the expert to include such services as part of the fee to perform inspections and to write reports.  While there are some exceptions, normally, New Jersey Law Division courts do not allow people to show up at your New Jersey Law Division trial to introduce into evidence estimates, expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s case, especially when it comes to the party’s damages.  

MAKE SURE YOU SUBPOENA YOUR EXPERT WITNESS TO SHOW UP AT YOUR NEW JERSEY LAW DIVISION TRIAL

If you have any witnesses that you need to testify for you at your New Jersey Law Division trial, then in advance of your New Jersey Law Division trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if your New Jersey Law Division case is adjourned).   Such a subpoena must normally be personally served by a process server rather than by mail.  If you want to force one of the parties to your New Jersey Law Division case to testify as part of your New Jersey Law Division case, since they might not show up at your New Jersey Law Division trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of subpoena.  If you think that you could have problems getting someone to show up to provide testimony at your New Jersey Law Division trial, you should have a process server serve them with a subpoena or  if they are a party to the dispute, a notice in lieu of subpoena.  Without witnesses to testify at your New Jersey Law Division trial (especially experts, discussed above), you may lose your New Jersey Law Division case. 

PREPARE TRIAL BRIEFS TO EXPLAIN YOUR POSITION ON COMPLEX LEGAL OR FACTUAL ISSUES

Before your New Jersey Law Division Trial, review your New Jersey Law Division case and for any complex legal or factual issues that you think you might face at your New Jersey Law Division Trial, perform legal research on those issues and write an explanation of your position.  Be sure to bring enough copies of each trial brief you prepare for your New Jersey Law Division Trial to your New Jersey Law Division Trial – one for the judge, one for each opponent and one for you.

IF YOUR NEW JERSEY LAW DIVISION CASE IS SCHEDULED TO BE PRETRIED, PREPARE ANY TRIAL BRIEFS ORDERED BY YOUR NEW JERSEY LAW DIVISION

Some New Jersey Law Division cases are scheduled by your New Jersey Law Division to be “pretried” or undergo pretrial conferences, which are held in the discretion of your New Jersey Law Division court either on its own motion or upon a party's written request. The request of a party for a pretrial conference shall include a statement of the facts and reasons supporting the request. The pretrial conference shall be recorded verbatim.   The parties shall submit to the court and serve on all other parties a pretrial memorandum, as prescribed by R. 4:25-3, at least three days prior to the pretrial conference date specified in the notice of pretrial conference.  In addition, if trial briefs are ordered at a pretrial conference a pretrial order entered by your New Jersey Law Division shall specify to which judge or other court official they shall be submitted and within what time and you should, in addition to any other steps required, submit briefs required by the pretrial order.  Be sure to bring enough copies of each trial brief you prepare for your New Jersey Law Division Trial to your New Jersey Law Division Trial – one for the judge, one for each opponent and one for you.

IF YOUR NEW JERSEY LAW DIVISION CASE IS NOT SCHEDULED FOR A PRETRIAL CONFERENCE, CONFER WITH YOUR OPPONENTS & PREPARE A PRETRIAL INFORMATION EXCHANGE

Before your New Jersey Law Division Trial, in cases that have not been scheduled to be pretried, attorneys shall confer and, seven days prior to the initial trial date, you must prepare and forward to your opponents the pretrial information exchange as prescribed by Appendix XXIII to the New Jersey Court Rules.  Also, at trial and prior to opening statements, the parties shall submit to the court the following in writing: (1) copies of any Pretrial Information Exchange materials that have been exchanged pursuant to this rule, and any objections made thereto; and (2) stipulations reached on contested procedural, evidentiary, and substantive issues.   Be sure to bring enough copies of each document you prepare for your New Jersey Law Division Trial to your New Jersey Law Division Trial – one for the judge, one for each opponent and one for you.

IF YOU HAVE A NEW JERSEY LAW DIVISION JURY TRIAL, PREPARE ALL NECESSARY JURY TRIAL DOCUMENTS

If you or your opponents asked for a New Jersey Law Division jury trial in the time and manner required by the New Jersey Court Rules and paid the court the necessary fee, you must appear at trial with documents necessary to handle your New Jersey Law Division jury trial.   These documents are in addition to any of the other documents normally needed for a New Jersey Law Division trial that is not being heard by a jury.   For example, you must have the following additional documents ready at trial:  (1) any proposed voir dire questions, (2) a list of proposed jury instructions pursuant to R. 1:8-7, with specific reference either to the Model Civil Jury Charges, if applicable, or to applicable legal authority, and (3) a proposed jury verdict form that includes all possible verdicts the jury may return.   Failure to exchange and submit all the information required by this rule may result in court penalties as determined by the trial judge.  You should also seriously consider preparing and having ready the following additional documents for any jury trial:  (1) a statement to read to the jury, (2) an opening statement to read to the jury at the opening of your New Jersey Law Division case and (3) a closing statement to read to the jury at the closing of your New Jersey Law Division case.  Bring enough copies of the jury trial documents to your New Jersey Law Division Trial - one for the judge, one for each of your opponents and one for you to use at your New Jersey Law Division Trial.  Failure to have all or even some of these documents at your New Jersey Law Division Trial could cause you to lose your New Jersey Law Division case!

NOW THAT I HAVE PREPARED FOR MY NEW JERSEY LAW DIVISION TRIAL, WHAT USUALLY HAPPENS ON THAT DATE?[1]

On the day that your New Jersey Law Division case is scheduled for a New Jersey Law Division trial, whether you are a plaintiff or a defendant, you must appear at New Jersey Law Division court in the proper courtroom.    Usually, many cases are heard on the day that your New Jersey Law Division case is called for your New Jersey Law Division Trial by your New Jersey Law Division and it is not uncommon for many people to wait in a single courtroom for their New Jersey Law Division case to be called.  You must be on time to avoid losing your New Jersey Law Division case!  It is best to arrive early to New Jersey Law Division court, since it is not unusual for your New Jersey Law Division courtroom’s seats to fill up quickly!  

HOW DOES YOUR NEW JERSEY LAW DIVISION COURT INFORM THE PARTIES ABOUT A NEW JERSEY LAW DIVISION TRIAL DATE IN A NEW JERSEY LAW DIVISION CASE?

In most cases, your New Jersey Law Division informs the parties or their attorneys of a New Jersey Law Division trial date at least 30 days before trial.  However, if your New Jersey Law Division court has good cause, it may provide a longer or shorter notice of your New Jersey Law Division trial.  Usually, your New Jersey Law Division court sends a notice card to the parties advising them of trial.  However, it is not uncommon for the notices to be sent long after the date that they are prepared, resulting in the parties receiving far less than 30 days’ notice of your New Jersey Law Division trial.

AM I GUARANTED TO HAVE MY TRIAL IN A NEW JERSEY LAW DIVISION CASE ON THE DATE ORIGINALLY SCHEDULED?

New Jersey Law Division trials can be very complex and time consuming – sometimes they take all day or more than one day to complete.  Also, it is very common for New Jersey Law Division trials to get adjourned because someone is not ready to present their New Jersey Law Division case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your New Jersey Law Division case on the date that your New Jersey Law Division trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their New Jersey Law Division case or defense on your New Jersey Law Division trial date).   It is not unusual for a judge hearing trials in your New Jersey Law Division to decide to tell a plaintiff and defendant in a case to return to your New Jersey Law Division court on another day to have their trial because the judge does not have time to handle your New Jersey Law Division trial on the date originally scheduled.   Sometimes, a party will ask your New Jersey Law Division court for an adjournment and your New Jersey Law Division court grants that adjournment but in violation of the court rules, the party that did not request the adjournment is not told that your New Jersey Law Division trial is adjourned! To avoid unnecessary trips to your New Jersey Law Division court, it is best to call one or two days before trial to make certain that your New Jersey Law Division trial has not been rescheduled without your knowledge.

WHAT IF I CAN’T SHOW UP ON THE DATE OF TRIAL FOR SOME REASON – CAN I GET YOUR NEW JERSEY LAW DIVISION TRIAL RESCHEDULED IN MY NEW JERSEY LAW DIVISION CASE?

All requests for New Jersey Law Division trial adjournments must be made to your New Jersey Law Division court as soon as the need for the adjournment is known, but absent good cause for the delay, the request must usually be made a certain time before the date your New Jersey Law Division trial.  Before you make an adjournment request, notify all of your opponents that the request is going to be made and then notify your New Jersey Law Division court clerk of the opponent’s response.  Your New Jersey Law Division court shall then decide the issue and if your New Jersey Law Division court grants the request, shall assign a new date. The requesting party must notify all their opponents of your New Jersey Law Division court's response.  It is highly recommended to make all these requests in writing, such as with a letter and to keep a copy for your records (and to allow the request to be properly processed you should submit the request to your New Jersey Law Division preferably at least 10 days before your New Jersey Law Division trial date).  That way, if your New Jersey Law Division court improperly denies the adjournment request (not uncommon) you shall have proof to use to have a higher authority decide the issue.

Often, your New Jersey Law Division court schedules your New Jersey Law Division trial of a case before parties have enough time to gather the information they need to prove their New Jersey Law Division case.  This period of factfinding before trial is called “discovery”.  If a party needs additional time to complete discovery and the discovery period has not expired, your New Jersey Law Division court is normally required to adjourn your New Jersey Law Division trial.  If you qualify for such an adjournment, you do not need your opponent’s agreement to the adjournment but it is best to first ask your opponent for their agreement.  If they refuse or do not respond in a timely manner, send a letter to your New Jersey Law Division court explaining the situation and asking for a new date for your New Jersey Law Division trial.   A motion to extend discovery is often necessary to secure extensions before the discovery period expires.  Be certain to consult the New Jersey Court Rules for further details.

If you are making a request to adjourn a New Jersey Law Division trial and you know in advance of making your request that you have any vacation plans or would otherwise be unable to appear at a new trial date for a good reason, let your New Jersey Law Division court know the dates you are unavailable.  If you wait too close to your New Jersey Law Division trial date before forwarding an adjournment request, the request shall very likely be denied.

WHAT HAPPENS IF THE PLAINTIFF FAILS TO SHOW UP ON YOUR NEW JERSEY LAW DIVISION TRIAL DATE IN A NEW JERSEY LAW DIVISION CASE?

If a plaintiff fails to appear when their New Jersey Law Division case is called for your New Jersey Law Division Trial, your New Jersey Law Division is likely to dismiss your New Jersey Law Division complaint.  If this happens and the plaintiff has a good reason for failing to appear at your New Jersey Law Division trial, the plaintiff could file a motion with your New Jersey Law Division requesting that your New Jersey Law Division case be reinstated and your New Jersey Law Division trial rescheduled.

WHAT HAPPENS IF THE DEFENDANT FAILS TO SHOW UP ON YOUR NEW JERSEY LAW DIVISION TRIAL DATE IN A NEW JERSEY LAW DIVISION CASE?

If a defendant fails to appear when your New Jersey Law Division case is called for your New Jersey Law Division Trial, your New Jersey Law Division shall likely enter a default against the defendant.  If you are a plaintiff and you receive a default in your New Jersey Law Division case, you shall have to prepare and file paperwork with your New Jersey Law Division court asking your New Jersey Law Division court to enter a default judgment in your favor.  If this happens and the defendant has a good reason for failing to appear at your New Jersey Law Division trial, the defendant could file a motion with your New Jersey Law Division requesting that the default judgment be removed (vacated), that your New Jersey Law Division case be reinstated and your New Jersey Law Division trial rescheduled.

WHAT IF PLAINTIFF AND DEFENDANT (OR THEIR ATTORNEYS) SHOW UP AT YOUR NEW JERSEY LAW DIVISION TRIAL IN A NEW JERSEY LAW DIVISION CASE?

If no dismissal or default is entered in your New Jersey Law Division case, you must be prepared to present your New Jersey Law Division case or defense.  It is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of your New Jersey Law Division case.  A court has the power to punish unprepared parties, such as by throwing their New Jersey Law Division case out of court or limiting what they can present at your New Jersey Law Division trial.  You must bring all documents, photographs, videos and other items with you to your New Jersey Law Division trial that are necessary to prove your New Jersey Law Division case (preferably originals).  Even if you bring such documents and items to court, your New Jersey Law Division may refuse to allow you to use them at your New Jersey Law Division Trial.  New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at your New Jersey Law Division trial.  Accordingly, before trial, you must consult all of the New Jersey Court Rules to determine how you intend to get your documents and items into evidence or how to properly use them at your New Jersey Law Division trial.  Hearsay rules of evidence are particularly troublesome and you should study them carefully before your New Jersey Law Division trial.  For example, it is very common for  New Jersey Law Division courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared.  Often parties stumble into New Jersey Law Division court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents.  Without the proper preparation, items and documents may never be considered by your New Jersey Law Division.  Also, if there are any legal issues to be dealt with at your New Jersey Law Division trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.  While there are exceptions, evidence is most frequently admitted to your New Jersey Law Division court by calling witness to testify before your New Jersey Law Division court.  It is best to have your questions for any witnesses prepared in advance.  During a New Jersey Law Division trial parties normally call witnesses and prevent evidence about their dispute and argue legal issues in support of their positions.  The judge hearing a New Jersey Law Division Trial may ask questions of the witnesses.  At the end of your New Jersey Law Division trial, your New Jersey Law Division normally enters a judgment for or against you.  Your New Jersey Law Division may also withhold or “reserve” judgment for a later date, which normally results in your New Jersey Law Division taking time to write up its reasons for its decision and mailing it to the parties’ last known addresses (or to their attorneys, if they are represented). 

WILL MY NEW JERSEY LAW DIVISION TRIAL BE DECIDED BY A JUDGE OR A JURY?

If none of the parties requests a jury trial, your New Jersey Law Division case shall usually be tried without a jury – which means only a judge shall hear your trial and decide your New Jersey Law Division case.  Normally, you can’t show up at your New Jersey Law Division trial and request a jury trial – the request must be made when you file your New Jersey Law Division complaint or file your answer to your New Jersey Law Division complaint with the New Jersey Law Division court or within a certain number of days of the filing of the complaint or answer and the jury trial request must be in writing.  

If you or your opponent properly requested a jury trial, unless the judge throws your New Jersey Law Division case out of court for some reason, your New Jersey Law Division case is tried by a judge deciding the legal issues and a jury deciding the factual issues.  Parties may withdraw their demand for a New Jersey Law Division trial if all parties to your New Jersey Law Division case agree to the withdrawal, in which case your New Jersey Law Division case will be decided by a judge alone.  Judges may decide to on their own to order a jury trial (very rare).

IF I AM A PLAINTIFF OR DEFENDANT IN A NEW JERSEY LAW DIVISION TRIAL, WILL THE OTHER SIDE HAVE AN ATTORNEY?

Most parties in New Jersey Law Division cases are represented by an attorney.  If you are not represented by an attorney in a New Jersey Law Division case, you are called a “pro se litigant”.  While people can and often do represent themselves New Jersey Law Division court, their opponent may be represented by an attorney, which often places the unrepresented party at a major disadvantage.  If possible, hire an attorney to at least prepare any necessary court paperwork and if you can afford it, to also appear and represent you in court at any motions or trials.   The proper preparation of legal papers and preparation of a case for your New Jersey Law Division Trial often requires knowledge of legal issues that only attorneys have.  Court rules and evidence rules are often complex and accordingly, are often difficult to follow.  Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete.  People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about Law Division disputes that are heard by New Jersey courts, regardless of whether the people work for a court or work for an attorney.  If a party is represented by an attorney in a New Jersey Law Division dispute, you must generally avoid having oral or written contact regarding your New Jersey Law Division case with the represented party and instead, must make all communications involving your New Jersey Law Division case through the represented party’s attorney.

WILL I HAVE A CHANCE TO SETTLE MY CASE BEFORE MY TRIAL IN YOUR NEW JERSEY LAW DIVISION?

In most cases, before your New Jersey Law Division trial occurs, the parties meet with the judge and discuss their dispute.  This could be done informally in the judge’s chambers or formally in the courtroom.   Usually, before the trial starts, the judge attempts to resolve your New Jersey Law Division case by suggesting a possible settlement to both parties.  During such a settlement conference, none of the parties is required to settle the New Jersey Law Division case.  Indeed, one or all of the parties may not even make any offer to settle.   Note that cases do not always undergo such settlement conferences.  If your New Jersey Law Division case cannot be settled before trial and your New Jersey Law Division case is called to be tried, you must be prepared to present your New Jersey Law Division case or defenses.  Regardless of whether the parties participate in a settlement conference before the New Jersey Law Division trial, parties may voluntarily agree to settle their New Jersey Law Division case Judges are usually willing to help parties settle their New Jersey Law Division case but they cannot force any part to settle their New Jersey Law Division case so that if a party refuses to settle, it is very likely that your New Jersey Law Division case shall proceed to trial.  Judges may schedule a conference in your New Jersey Law Division case and at that time, try to settle your New Jersey Law Division case.  Preparing the proper settlement agreement requires great care.  Many settlements fail, which leads to unhappy parties and often, more court proceedings.  Normally, at any trial proceeding, your New Jersey Law Division has settlement forms for the parties to complete.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   For example, what if your agreement fails to include the proper protections to your interest?   A court may refuse to enforce a settlement agreement if it is unclear what the parties agreed to.  Also, if a party fails to honor a settlement, you may have to return to court if you want to enforce the settlement, which normally requires you to file a motion.  If you can afford an attorney, it is best to have the attorney prepare the settlement agreement so that they can try to make the other parties agree to the best settlement terms for you.  If you do settle your New Jersey Law Division case yourself, you should notify your New Jersey Law Division as soon as possible – with a phone call and then followed up in writing.  If your New Jersey Law Division case is settled before trial, you should make every effort to advise your New Jersey Law Division court before your New Jersey Law Division trial occurs. 

WHAT HAPPENS IF DEFENDANT IS DEFAULTED?

If a defendant is automatically defaulted by your New Jersey Law Division, then no trial will occur (unless your New Jersey Law Division vacates the default) and the plaintiff has a set amount of time from the date of the entry of default to file additional paperwork with your New Jersey Law Division to seek a default judgment against a defendant.  In some cases, securing a default judgment only requires the plaintiff to submit paperwork, while in other cases, the plaintiff has to prepare and file a motion and your New Jersey Law Division may require the plaintiff and defendant to appear at a court hearing – a “proof hearing”.

WHAT HAPPENS IF I DON’T SHOW UP AT YOUR NEW JERSEY LAW DIVISION TRIAL AND PLAINTIFF THEREAFTER GETS A DEFAULT JUDGMENT AGAINST ME AND I IGNORE IT?

If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own.  If your New Jersey Law Division complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the plaintiff may file papers asking your New Jersey Law Division to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.  Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those collection efforts.  It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with your New Jersey Law Division court for relief.  However, once a judgment is entered against you, you may ask your New Jersey Law Division court to remove or “vacate” the judgment by filing the appropriate motion with your New Jersey Law Division.

WHAT HAPPENS IF I GET A JUDGMENT?

Once you get a judgment, you become a judgment creditor and you may decide to do nothing or more likely, you may decide to try to collect it.  To collect a New Jersey Law Division judgment, Law Division officers may be of assistance in taking steps to collect it, but they cannot provide legal advice.  Normally, to collect on a judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out paperwork to direct your New Jersey Law Division court officer to try to recover the judgment from those assets.  The collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment.  Your New Jersey Law Division court normally has forms available at your New Jersey Law Division courthouse and on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to collect any judgment. 

WHAT IF A DEFAULT AND/OR DEFAULT JUDGMENT IS ENTERED AGAINST YOU AND YOU STILL WANT A NEW JERSEY LAW DIVISION TRIAL?

If a default and/or default judgment was entered against you, you may seek to remove it, called “vacating the default” or “vacating the default judgment”.  To vacate either, you must normally prepare a written motion and file the motion with your New Jersey Law Division asking that the default and/or default judgment be vacated.   Your New Jersey Law Division court normally has forms available at your New Jersey Law Division courthouse and on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to prepare the proper motion.  If you ignore the default, it may lead to the entry of a judgment against you.  If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own.  If your New Jersey Law Division complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the plaintiff may file papers asking your New Jersey Law Division to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.

TAKING NEW JERSEY LAW DIVISION APPEALS -- WHAT IF I LOSE MY TRIAL OR YOUR NEW JERSEY LAW DIVISION COURT REFUSES TO VACATE A DEFAULT JUDGMENT?

If you are a plaintiff and you lose a New Jersey Law Division case, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a defendant who you believe owes you money.  If you are a defendant and you lose a New Jersey Law Division case, it could mean the entry of a money judgment against you and the beginning of the plaintiff’s efforts to collect the judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances.  If you disagree with your New Jersey Law Division court’s decision about a summary judgment motion, you may file papers for your New Jersey Law Division court for various forms of post trial relief, such as a motion for your New Jersey Law Division court to reconsider its decision (called a motion for reconsideration) or a motion to overturn the verdict or a motion for a new trial.  In most cases, such post trial motions must be made in a specific time frame, such as 20 days from the date of your New Jersey Law Division court’s order deciding the summary judgment motion.  If your New Jersey Law Division’s decision in your New Jersey Law Division case is final, you may also appeal your New Jersey Law Division case to a higher court -- the Appellate Division of the Superior Court.  There are very strict deadlines for filing New Jersey Law Division appeals.   To appeal a New Jersey Law Division final judgment that resolves all issues in your New Jersey Law Division case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – New Jersey Law Division appeals are not heard by your New Jersey Law Division and you should not try to file appellate papers with your New Jersey Law Division!   As part of your New Jersey Law Division appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it.  Appeals are some of the most complex proceedings in your New Jersey Law Division court system.  Your New Jersey Law Division court normally has forms available on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to take a New Jersey Law Division appeal.  Appeals from New Jersey Law Division orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for New Jersey Law Division appeals from final judgments or orders.

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Law Division Cases?

Yes.  Paul DePetris has performed the following tasks:

• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• provided New Jersey Law Division pro se parties with New Jersey Law Division legal advice and prepared New Jersey Law Division legal forms
• prepared and filed many New Jersey Law Division
• complaints
• tried New Jersey Law Division jury trials
• mediated many New Jersey Law Division cases
• argued New Jersey Law Division motions
• handled New Jersey Law Division proof hearings
• handled New Jersey Law Division post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Law Division Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Law Division Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Law Division Case From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Law Division cases for an hourly fee, such as by offering to handle your New Jersey Law Division case up to trial for a fixed fee or to help you handle your New Jersey Law Division case by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Law Division case to a fixed sum, while providing you the help you need to handle your New Jersey Law Division case.  For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at paul@newjerseyspecialcivil.com.