Law Office Of Paul DePetris

IF I HAVE A TRIAL DATE IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART, WHAT CAN I EXPECT?

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

HOW DOES THE COURT INFORM THE PARTIES ABOUT A TRIAL DATE IN A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE?

In most cases, the Superior Court of New Jersey, Law Division, Special Civil Part informs the parties or their attorneys of a trial date at least 30 days before trial.  However, if the court has good cause, it may provide a longer or shorter notice of the New Jersey Special Civil Part trial.  Usually, the New Jersey Special Civil Part 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 the New Jersey Special Civil Part trial.

AM I GUARANTED TO HAVE MY TRIAL IN A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE ON THE DATE ORIGINALLY SCHEDULED?

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 trials to get adjourned because someone is not ready to present their 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 case on the date that the New Jersey Special Civil Part trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their case or defense on the New Jersey Special Civil Part trial date).   It is not unusual for a judge hearing trials in the New Jersey Special Civil Part court of New Jersey, Law Division, Special Civil Part to decide to tell a plaintiff and defendant in a case to return to the New Jersey Special Civil Part court on another day to have their trial because the judge does not have time to handle the New Jersey Special Civil Part trial on the date originally scheduled.   Sometimes, a party will ask the New Jersey Special Civil Part court for an adjournment and the New Jersey Special Civil Part court grants that adjournment but in violation of the court rules, the party that did not request the adjournment is not told that the New Jersey Special Civil Part trial is adjourned! To avoid unnecessary trips to the New Jersey Special Civil Part court, it is best to call one or two days before trial to make certain that the New Jersey Special Civil Part 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 THE NEW JERSEY SPECIAL CIVIL PART TRIAL RESCHEDULED IN MY SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE?

All requests for trial adjournments must be made to the New Jersey Special Civil Part court as soon as the need for the adjournment is known, but absent good cause for the delay, the request must be made not less than 5 days before the trial.  Before you make an adjournment request, notify all of your opponents that the request is going to be made and then notify the clerk of the opponent’s response. The court shall then decide the issue and if the court grants the request, shall assign a new date. The requesting party must notify all their opponents of the 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 the New Jersey Special Civil Part preferably at least 10 days before the trial date).  That way, if the New Jersey Special Civil Part court improperly denies the adjournment request (not uncommon) you shall have proof to use to have a higher authority decide the issue.

Often, the New Jersey Special Civil Part court schedules the trial of a case before parties have enough time to gather the information they need to prove their 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, the New Jersey Special Civil Part court is normally required to adjourn the 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 the New Jersey Special Civil Part court (preferably at least 10 days before the trial date) explaining the situation and asking for a trial. 

If you are making a request to adjourn a New Jersey Special Civil Part 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 the New Jersey Special Civil Part court know the dates you are unavailable.  If you wait too close to your New Jersey Special Civil Part trial date before forwarding an adjournment request, the request shall very likely be denied.

Before a trial is heard, it is the clerk’s office of the New Jersey Special Civil Part court that decides adjournment requests.  If you believe that the New Jersey Special Civil Part court clerk improperly decided your request to adjourn the trial, you may want to file a motion with the New Jersey Special Civil Part court for it to grant the adjournment.  While it is likely that the New Jersey Special Civil Part clerk processing the motion shall be confused by the filing of such a motion (they may call and complain to you about your filing such a motion), if the matter is brought to the attention of a judge sitting in the New Jersey Special Civil Part court, they may grant your request.

WHAT HAPPENS IF THE PLAINTIFF FAILS TO SHOW UP ON THE NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE?

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

WHAT HAPPENS IF THE DEFENDANT FAILS TO SHOW UP ON THE NEW JERSEY SPECIAL CIVIL PART TRIAL DATE IN A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE?

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

WHAT IF PLAINTIFF AND DEFENDANT (OR THEIR ATTORNEYS) SHOW UP AT TRIAL IN A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE?

If no dismissal or default is entered in your New Jersey Special Civil Part case, you must be prepared to present your 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 the case.  A court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial.  You must bring all documents, photographs, videos and other items with you to the New Jersey Special Civil Part trial that are necessary to prove your case (preferably originals).  Even if you bring such documents and items to court, the Superior Court of New Jersey, Law Division, Special Civil Part may refuse to allow you to use them at your 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 trial.  Accordingly, before trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at 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 special Civil Part 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 the Superior Court of New Jersey, Law Division, Special Civil Part.  Also, if there are any legal issues to be dealt with at 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 the New Jersey Special Civil Part court by calling witness to testify before the New Jersey Special Civil Part court.  It is best to have your questions for any witnesses prepared in advance.  During a trial parties normally call witnesses and prevent evidence about their dispute and argue legal issues in support of their positions.  The judge hearing a Special Civil Part trial may ask questions of the witnesses.  At the end of the trial, the Superior Court of New Jersey, Law Division, Special Civil Part normally enters a judgment for or against you.  The Superior Court of New Jersey, Law Division, Special Civil Part may also withhold or “reserve” judgment for a later date, which normally results in the Superior Court of New Jersey, Law Division, Special Civil Part 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). 

DO I NEED AN EXPERT WITNESS TO PROVE MY CASE?

Often to prove one’s case or to successfully defend against a 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 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 the Superior Court of New Jersey, Law Division, Special Civil Part, 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 trial because the Superior Court of New Jersey, Law Division, Special Civil Part 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 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 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, courts do not allow people to show up at 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.  

WHAT IF I HAVE WITNESSES TO CALL AT TRIAL OF MY SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE BUT THE WITNESSES MAY REFUSE TO SHOW UP?

If you have any witnesses that you need to testify for you at trial, then in advance of the New Jersey Special Civil Part trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the 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 the case to testify as part of your case, since they might not show up at the New Jersey Special Civil Part 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 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 trial (especially experts, discussed above), you may lose your case. 

WILL MY NEW JERSEY SPECIAL CIVIL PART TRIAL BE DECIDED BY A JUDGE OR A JURY?

Almost all New Jersey Special Civil Part trials are decided only by a judge.  Normally, you can’t show up at trial and request a jury trial – the request must be made when you file your complaint or answer to the complaint with the court and it normally requires a written request and payment of an extra fee.   A written demand for a jury trial is filed with the Superior Court of New Jersey, Law Division, Special Civil Part in the county where the case is to be heard and served upon opposing parties not later than 10 days after the time provided for the defendant to answer.  If defendant files a counterclaim and plaintiff wants a jury trial but did not originally request a jury trial when they filed their complaint, the plaintiff may file with the Superior Court of New Jersey, Law Division, Special Civil Part in the county where the case is to be heard and serve on their opponents the jury trial demand no later than 10 days after the time provided for the service of a defensive pleading to the counterclaim.  In cases being heard by in the Small Claims Section, defendant must file the demand and serve it on their opponent and pay the necessary fee at least five days before the return day of the summons, which shall cause the New Jersey Special Civil Part court to transfer the case to the Special Civil Part.

If you or your opponent properly requested a jury trial and paid the necessary fee, unless the judge throws your case out of court for some reason, the case is tried by a judge deciding the legal issues and a jury deciding the factual issues.  Parties may withdraw their demand for a trial if all parties to the case agree to the withdrawal, in which case the 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 SPECIAL CIVIL PART TRIAL, WILL THE OTHER SIDE HAVE AN ATTORNEY?

If you are not represented by an attorney in a special Civil Part case, you are called a “pro se litigant”.  While people can and often do represent themselves New Jersey Special Civil Part 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 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 special civil 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 special Civil Part dispute, you must generally avoid having oral or written contact regarding the case with the represented party and instead, must make all communications involving the case through the represented party’s attorney.

WILL I HAVE A CHANCE TO SETTLE MY CASE BEFORE MY TRIAL IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART?

In most cases, before the New Jersey Special Civil Part trial occurs, the parties must mediate their dispute.  Mediation is an informal hearing normally held in a conference room.  You and the other party and any attorneys involved in the case appear at the mediation.  The mediation is conducted by a neutral court appointed mediator.  The mediator is trained in resolving disputes through the process of mediation.  Accordingly, the mediator attempts to resolve the case by suggesting a possible settlement to both parties.  During the mediation, none of the parties is required to settle the case.  Indeed, one or all of the parties may not even make any offer to settle.   Note that cases do not always undergo mediation.  If the case cannot be settled before trial and your case is called to be tried, you must be prepared to present your case or defenses.  Regardless of whether the parties participate in a mediation, parties may voluntarily agree to settle their case Judges are usually willing to help parties settle their case but they cannot force any part to settle their case so that if a party refuses to settle, it is very likely that the case shall proceed to trial.  Judges may schedule a conference in your case and at that time, try to settle the 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, the Superior Court of New Jersey, Law Division, Special Civil Part 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 case yourself, you should notify the Superior Court of New Jersey, Law Division, Special Civil Part as soon as possible – with a phone call and then followed up in writing.  If the case is settled before trial, you should make every effort to advise the New Jersey Special Civil Part court before the New Jersey Special Civil Part trial occurs. 

WHAT HAPPENS IF DEFENDANT IS DEFAULTED?

If a defendant is automatically defaulted by the Superior Court of New Jersey, Law Division, Special Civil Part, then no trial will occur (unless the Superior Court of New Jersey, Law Division, Special Civil Part 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 the Superior Court of New Jersey, Law Division, Special Civil Part 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 the Superior Court of New Jersey, Law Division, Special Civil Part may require the plaintiff and defendant to appear at a court hearing – a “proof hearing”.

WHAT HAPPENS IF I DON’T SHOW UP AT 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 the 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 the Superior Court of New Jersey, Law Division, Special Civil Part 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 the New Jersey Special Civil Part court for relief.  However, once a judgment is entered against you, you may ask the New Jersey Special Civil Part court to remove or “vacate” the judgment by filing the appropriate motion with the Superior Court of New Jersey, Law Division, Special Civil Part.

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 special Civil Part judgment, special Civil Part 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 the New Jersey Special Civil Part 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.  The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part 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 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 the Superior Court of New Jersey, Law Division, Special Civil Part asking that the default and/or default judgment be vacated.   The New Jersey Special Civil Part court normally has forms available at the New Jersey Special Civil Part 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 the 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 the Superior Court of New Jersey, Law Division, Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.

TAKING APPEALS -- WHAT IF I LOSE MY TRIAL OR THE NEW JERSEY SPECIAL CIVIL PART COURT REFUSES TO VACATE A DEFAULT JUDGMENT?

If you are a plaintiff and you lose a New Jersey Special Civil Part 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 Special Civil Part 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 the New Jersey Special Civil Part court’s decision about a summary judgment motion, you may file papers for the New Jersey Special Civil Part court for various forms of post trial relief, such as a motion for the New Jersey Special Civil Part 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 the New Jersey Special Civil Part court’s order deciding the summary judgment motion.  If the Superior Court of New Jersey, Law Division, Special Civil Part’s decision in your case is final, you may also appeal the case to a higher court -- the Appellate Division of the Superior Court.  There are very strict deadlines for filing appeals.   To appeal a final judgment that resolves all issues in the 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 – special Civil Part appeals are not heard by the Superior Court of New Jersey, Law Division, Special Civil Part and you should not try to file appellate papers with the Superior Court of New Jersey, Law Division, Special Civil Part!   As part of your 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 the New Jersey Special Civil Part court system.  The New Jersey Special Civil Part 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 an appeal.  Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

CAN I HANDLE A SPECIAL CIVIL PART CASE MYSELF?

Many people can and do successfully handle special Civil Part cases, from filing the first paperwork to the collection of a judgment.  However, many other people also make mistakes that lead to the dismissal of their cases or that result in the entry of a money judgment against them.  The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the case.  The following are reasons to use an attorney to handle part or all of your case:

·         New Jersey Special Civil Part fees often change

·         New Jersey Special Civil Part rules often change

·         New Jersey Special Civil Part employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees

·         New Jersey Special Civil Part court forms available on websites may not cover every situation you may face in court

·         each New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges

·         it is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the Superior Court of New Jersey, Law Division, Special Civil Part or being dismissed by the Superior Court of New Jersey, Law Division, Special Civil Part after filing and before or after trial because of procedural deficiencies.  

·         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 the case. 

·         a court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial. 

·         New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at trial. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items at trial that the person themselves never prepared.  Often parties stumble into New Jersey Special Civil Part 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 the Superior Court of New Jersey, Law Division, Special Civil Part.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. 

·         you cannot show up at the Superior Court of New Jersey, Law Division, Special Civil Part expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case.  The judge hearing your case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your case.  Hiring an attorney to handle part or all of your case does not guarantee your success.  However, it may provide what is needed to win your case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING SPECIAL CIVIL PART CASES?

Yes.  Paul DePetris has performed the following tasks:

·         handled cases for plaintiffs and defendants New Jersey Special Civil Part cases across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.

·         prepared and filed many Special Civil Part complaints

·         tried nonjury trials New Jersey Special Civil Part

·         tried jury trials New Jersey Special Civil Part

·         mediated many special New Jersey Special Civil Part cases

·         served as a voluntary court mediator for the Superior Court of New Jersey, Law Division, Special Civil Part, Burlington County, where he successfully assisted parties to lawsuits to settle their cases before they went to trial

·         argued motions New Jersey Special Civil Part

·         handled New Jersey Special Civil Part proof hearings

·         handled New Jersey Special Civil Part post judgment collection proceedings

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

Mr. DePetris has also appeared in federal courts - the District of New Jersey in Camden, Trenton and Newark and in the Eastern District of Pennsylvania.

Mr. DePetris is also the author of the following publications:  New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books, 2007); Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); and Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling special Civil Part cases for an hourly fee, such as by offering to prepare the New Jersey Special Civil Part court paperwork for you or helping you handle your claim by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your case to a fixed sum, while providing you the help you need to handle your case.  For a no cost phone consultation about what the Firm might be able to do for you, call or write an email to Mr. DePetris at consumerlaw@newjerseylemon.com.