WHAT IS A SUMMARY JUDGMENT MOTION IN THE NEW JERSEY SUPERIOR COURT?

If you face a summary judgment motion, given the complex nature of such motions and frequent changes in the law and court rules, you should seek professional advice from an attorney licensed to practice law in the State of New Jersey.  No website is a substitute for competent legal advice!

A summary judgment motion is a party’s formal request, made by an application called a motion, to have some or all portions of a case decided by a judge in that party’s favor and before a trial occurs.  The party making the motion is called the “moving party” or “movant” and the party responding to the motion is called the “respondent” or “responding party” or “nonmoving party” or “opposing party”.  The papers submitted with the moving party’s motion are called “moving papers” and the papers submitted in opposition to the motion are called “opposition papers.”  The date that the motion is scheduled to be heard is called its “return date” or “hearing date”.    Judges decide issues of law in a case.  In jury trials, juries decide factual issues of a case and in trials without a jury (called “nonjury trials”) a judge decides the facts of a case.   In a summary judgment motion, the moving party claims that the important facts of the case are not in dispute and therefore, that the law entitles the moving party to a judgment.   Summary judgment motions are usually successful where there are no important issues of fact to be decided at trial and therefore, the judge is able to decide the case before the trial. 

WHEN ARE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CIVIL PART SUMMARY JUDGMENT MOTIONS FILED AND HEARD?

In the Superior Court of New Jersey, Law Division, Civil Part, a party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief (such as a complaint or counterclaim), move for a summary judgment or order on all or any part thereof or as to any defense (such as those presented in an answer or motion).   A party against whom a claim for such affirmative relief is asserted (such as a complaint or counterclaim) may move for summary judgment as to all or any part of the claim.  In Superior Court of New Jersey, Law Division, Civil Part and unless the court otherwise directs, the motion for summary judgment must be filed 30 days before the trial date and served on the nonmoving parties and filed at least 28 days prior to the motion’s hearing date.  The Law Division, Civil Part has a specific schedule for motions and the movant should schedule the motion to be heard on one of those dates by indicating the date on the motion papers (see below).   It is not unusual for the court, either a party’s request for an adjournment or to accommodate the court’s schedule, to reschedule the hearing date to a date that is different to that stated in the party’s moving papers.

WHEN ARE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART SUMMARY JUDGMENT MOTIONS FILED AND HEARD?

 In Law Division, Special Civil Part, the motion for summary judgment may be heard up to the trial date and it must be typically be served and filed 10 days before the hearing date.  Upon receipt of an objection to the motion being granted and a request for oral argument or at the direction of the court, the Superior Court of New Jersey, Law Division, Special Civil Part Clerk set the motion down for hearing and shall notify the parties or their attorneys by mail of the time and place of the motion hearing.

HOW ARE SUMMARY JUDGMENT MOTIONS DECIDED IN THE SUPERIOR COURT OF NEW JERSEY?

The standard for determining summary judgment motions is that, if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits and certifications submitted in support or in opposition to the motion for summary judgment, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to summary judgment as a matter of law.   Under the summary judgment standard, not all issues of fact are relevant to the court’s decision of whether to grant or deny summary judgment.  Instead, an issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the judge or jury deciding the facts of the case (called the “trier of fact”).   If a case lacks material factual disputes, the court simply applies the appropriate law to the facts.  Moreover, disputed facts of an insubstantial nature should not prevent the court from granting a summary judgment motion.  Even where the nonmoving party disputes an essential fact, if the rest of the record demonstrates an absence of a material and factual dispute, the court may grant the summary judgment motion. 

IF I AM MAKING A SUMMARY JUDGMENT MOTION IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CIVIL PART, WHAT MUST I FILE WITH THE COURT?

·         Notice of motion

·         Proof of mailing of the entire motion package to all other parties

·         Proposed form of order

·         1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the court to use if it grants the proposed order)

·         Statement of uncontested material facts supporting your claim for relief

·         A check or money order in the amount of the motion filing fee payable to the Treasurer of State of New Jersey or if you have an Attorney charge account with the State of New Jersey, the account number and a request that the account be charged so that the Court can charge the account for the filing fee.

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

·         One extra copy of all the moving papers to be stamped by the court with the filing date and to be returned to you for your records.

·         A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.

·         a letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the court and asking the court to return a filed copy of your papers to you for your records.

·         A brief that states the legal reasons for the court to grant the summary judgment motion and that refers to any cases, court rules, laws or regulations that support your right to summary judgment.

·         Certifications or affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.

·         Exhibits specifically identified in and attached to the certifications or affidavits you submit that support your factual claims about why the court should grant the summary judgment motion.

IF I AM MAKING A SUMMARY JUDGMENT MOTION IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART, WHAT MUST I FILE WITH THE COURT?

·         Notice of motion

·         Proof of mailing of the entire motion package to all other parties

·         Proposed form of order

·         1 extra copy of the proposed form of order with a letter sized self addressed stamped envelope attached to the copy (for the court to use if it grants the proposed order)

Other items that are not necessary in every case but which are often helpful to include with the moving papers are:

·         One extra copy of all the moving papers to be stamped by the court with the filing date and to be returned to you for your records.

·         A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.

·         a letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your moving papers and listing each paper submitted to the court and asking the court to return a filed copy of your papers to you for your records.

·         A brief that states the legal reasons for the court to grant the summary judgment motion and that refers to any cases, court rules, laws or regulations that support your right to summary judgment.

·         Certifications or affidavits stating the facts supporting your claim for relief and introducing into evidence any exhibits that you seek to use to support your claim for relief.

·         Exhibits specifically identified in and attached to the certifications or affidavits you submit that support your factual claims about why the court should grant the summary judgment motion.

WHAT IS A NOTICE OF MOTION FOR SUMMARY JUDGMENT?

 A notice of motion is a document containing certain language which tells all other parties and the court certain information about the moving party’s motion.  The notice of motion instructs the court hearing the motion and all parties involved in the case who filed papers with the court of crucial information regarding the motion.

WHAT INFORMATION GOES INTO SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CIVIL PART NOTICE OF MOTION FOR SUMMARY JUDGMENT?

The notice of motion for summary judgment should include the following information:

·         The date that the motion shall be heard by the court

·         The place it shall be heard

·         the grounds on which it is made

·         the type of relief sought (summary judgment)

·         the discovery end date or if none was assigned, a statement that no such date  was assigned

·         if the court scheduled a trial or arbitration date, the scheduled date

·         if the moving party seeks oral argument on the motion

WHAT INFORMATION GOES INTO A SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART NOTICE OF MOTION FOR SUMMARY JUDGMENT?

The notice of motion for summary judgment should include the following information:

·         the grounds on which it is made

·         the type of relief sought (summary judgment)

·         if the court scheduled a trial or arbitration date, the scheduled date

·         if the moving party seeks oral argument on the motion

·         the court's address

·         that the order sought will be entered in the discretion of the court unless the attorney or pro se party upon whom it has been served notifies the clerk of the court and the attorney for the moving party or the pro se party in writing within ten days after the date of service of the motion that the responding party objects to the entry of the order.

·         the following language: "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 knowingly 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 you 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 they are not represented by an attorney."

·         the following language:  "We are asking the court to make a final decision against you without a trial or an opportunity for you to present your case to a judge. We are requesting that a decision be entered against you because we say that the important facts are not in dispute and the law entitles us to a judgment. If you object to the motion, you must file a written response stating what facts are disputed and why a decision should not be entered against you."

WHAT IS A PROOF OF SERVICE?

In all civil actions, unless otherwise provided by rule or court order, summary judgment motions (other than those made without notice to other parties) and briefs, appendices, petitions and other papers offered in support of or in opposition to summary judgment motions must be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear (that is, parties who were named to a case but failed to ever file any papers whatsoever with the court).   Proof of service of a summary judgment motion may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the affidavit or certification shall state that the mailing was to the last known address of the person served. A proof of service made by affidavit or certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required. Failure to make proof of service does not affect the validity of the service, and the court at any time may allow the proof to be amended or supplied unless an injustice would result.

In summary judgment motions, the proof of service most often takes the form of an affidavit or certification that states that the party submitting papers to the court for filing served those papers on all parties involved in the case that ever filed papers with the court (parties that entered their “appearance” such as by filing a complaint or answer or motion in the case).  The proof of service should include the names and addresses of all those parties – their attorneys names and addresses only, if they are represented and for the self represented parties, their names and addresses. 

HOW DO I SERVE SUMMARY JUDGMMENT MOTION AND OPPOSITION PAPERS ON OTHER PARTIES IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CIVIL PART AND SPECIAL CIVIL PART?

Service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party.  If service is by ordinary mail, receipt will be presumed on the third business day after mailing.  Service upon an attorney of summary judgment motion or opposition papers is made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney or by leaving it at the office with a person in the attorney's employ or if the office is closed or the attorney has no office, in the same manner as service is made upon a party pursuant to the New Jersey Court Rules.  If the party to be served is not represented by an attorney, service of summary judgment motion or opposition papers upon that party is made as provided in New Jersey Court Rule 4:4-4 or more commonly, by registered or certified mail, return receipt requested and simultaneously by ordinary mail to the party's last known address; or if no address is known, despite diligent effort, by ordinary mail to the clerk of the court.  Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by New Jersey Court Rule 1:5-3.  If, however, proof of diligent inquiry as to a party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by New Jersey Court Rule 1:5-3 asserts that the party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry. 

WHAT ARE AFFIDAVITS AND CERTIFICATIONS FILED IN THE SUPERIOR COURT OF NEW JERSEY?

Affidavits are written statements:

·         made in the first person.

·         divided into numbered paragraphs.

·         that have a caption which includes a designation of the particular proceeding the affidavit supports or opposes and the original date, if any, fixed for the hearing for which the affidavit is made.

·         signed and dated by the individuals making the statements contained in the affidavits.

The person making the affidavit is called “the affiant”.

Certifications are written statements made instead of affidavits, oaths or verifications required by the New Jersey Court Rules which state the same information required for affidavits plus the following language before the signature of the individuals making the certification: "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 wilfully false, I am subject to punishment."

If a motion for summary judgment is based on facts not appearing in the court’s records or not judicially noticeable, the court may hear the motion for summary judgment if it is supported by affidavits or certifications made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify.  If the affidavit or certification refers to documents, true and correct copies of the documents, the authenticity of which must be affirmed or certified to, should be attached to the affidavit or certification.  Once a party submits affidavits or certifications, the court may direct the affiant to submit to cross-examination or may hear the motion for summary judgment wholly or partly on oral testimony or depositions.  Since the rules require that affidavits and certifications be made from personal knowledge, affidavits and certifications submitted in support of summary judgment motions should not include facts based merely on "information and belief" or legal arguments.

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the pleading, but must respond by proper affidavits or certifications. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered, unless it appears from the affidavits or certifications submitted to the court and for reasons stated in those affidavits or certifications, that the party was unable to present by affidavit or certification facts essential to justify opposition, in which case the court may deny the motion, may order a continuance to permit additional affidavits or certifications to be obtained, to permit depositions to be taken or to permit further discovery to be conducted.

Parties submitting certifications or affidavits either in support of or in opposition to summary judgment must take extreme care not to submit those certifications or affidavits in bad faith. If the court is satisfied, at any time, that any of the affidavits submitted for or against summary judgment were presented in bad faith or solely for the purpose of delay, the court shall immediately order the party employing them to pay to the other party the amount of the reasonable expenses resulting from the filing of the affidavits, including reasonable attorney's fees and the court may also hold any offending party or attorney as having committed a contempt of court.

WHAT IF I CANNOT GET THE ORIGINAL SIGNATURE OF A PERSON MAKING A CERTIFICTION OR AFFIDAVIT?

If the affiant is not available to sign an affidavit or certification, it may be filed with a facsimile of the original signature provided the attorney or self represented party offering the document certifies that the affiant acknowledged the genuineness of the signature and that the document or a copy with an original signature affixed will be filed if requested by the court or a party.

WHAT IS A STATEMENT OF UNCONTESTED MATERIAL FACTS?

The statement of material facts states in separately numbered paragraphs each material fact that the moving party claims there is no genuine issue together with a citation to the portion of the motion record establishing the fact or demonstrating that it is uncontroverted.  Each citation must identify the document and specify the pages and paragraphs or lines thereof or the specific portions of the exhibits relied on.

WHAT IS A PROPOSED FORM OF ORDER?

Motions for summary judgment must include a proposed form of order for the judge’s signature and that orders that the motion be granted.  A judgment or order shall not contain a recital of the pleadings in the case or the record of prior proceedings.  It must include the following:

·         the caption of the case

·         signature line for the judge hearing the motion

·         Spaces for the court to indicate whether the motion was opposed or unopposed.

·         If the motion or response thereto relies on facts not of record or not subject of judicial notice, it shall be supported by affidavit or certification made in compliance with the New Jersey Court Rules

·          a designation of the subject of the judgment or order (i.e., Summary Judgment Dismissing Complaint, etc.)

·          the date or dates on which the matter was heard or submitted

·         the appearances of counsel and parties appearing pro se

·          a separate numbered paragraph for each separate substantive provision of the judgment or order

·          the effective date of the judgment or order or of each provision if the effective date of any provision is different from the date of entry

·         If the court has made findings of fact and conclusions of law explaining its disposition of the motion, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered.  However, if the motion was argued and the court intends to place its findings on the record at a later date, it shall give all parties one day's notice, which may be telephonic, of the time and place it shall do so. If no such findings have been made, the court shall append to the order a statement of reasons for its disposition if it concludes that explanation is either necessary or appropriate. If the order directs a plenary or other evidential hearing, it shall specifically describe the issues to be so tried. A written order or record notation shall be entered by the court memorializing the disposition made on a telephone motion.

IF I FACE A MOTION FOR SUMMARY JUDGMENT IN THE SUPERIOR COURT OF NEW JERSEY, WHAT SHOULD I DO TO OPPOSE THE SUMMARY JUDGMENT MOTION?

A motion for summary judgment shall be deemed uncontested and there shall be no right to argue orally in opposition unless responsive papers are timely filed and served stating with particularity the basis of the opposition to the relief sought.  If you wish to oppose a summary judgment motion, do not sit and wait for the motion to be decided!  Instead, before the deadline expires for filing opposition papers file the appropriate papers with the appropriate court, find out who the judge is that shall be hearing the motion and forward that judge a complete copy of those papers.  If you want to argue the motion orally, your opposition papers must include a request for oral argument.  At the same time, you should serve a complete copy of your opposition papers on all parties who ever entered an appearance in the case, such as by filing a complaint or answer or motion in the case.  Unless the court otherwise orders, opposing affidavits, certifications, briefs and cross-motions for summary judgment, if any, must be served and filed not later than 10 days before the summary judgment motion hearing date.  The following are the documents you should timely file with the court, forward to the judge hearing the motion and serve on the appropriate parties:

·         Proof of mailing of the entire motion package to all other parties

·         A response to the moving party’s statement of uncontested material facts (assuming the moving party filed such a statement)

When opposing a summary judgment motion, it is important to file a responding statement either admitting or disputing each of the facts in the movant's statement of uncontested material facts. All material facts in the movant's statement of uncontested material facts that are sufficiently supported by the court’s record will be deemed admitted for purposes of the motion only, unless the opposing party specifically disputes that statement by a responsive statement conforming to the requirements of the New Jersey Court Rules  (facts responding to each of movant’s facts with the responding facts stated in separately numbered paragraphs together with citations to the motion record supporting the opposing party’s facts).   Also, if the moving party submits certifications or affidavits in support of the motion for summary judgment, the responding party should seriously consider submitting its own certifications or affidavits.  For, when a motion for summary judgment is made and properly supported, the opposing party may not rest upon the mere allegations or denials of the pleading, but must respond by proper affidavits or certifications. 

Other items that are not necessary in every case but which are often helpful to include with the opposition papers are:

·         One extra copy of all your opposition papers to be stamped by the court with the filing date and to be returned to you for your records.

·         A self addressed stamped envelope for use by the Superior Court of New Jersey Clerk’s Office to return a filed copy of your papers to you for your records.

·         a letter to the appropriate branch of the Superior Court of New Jersey Clerk’s Office forwarding your opposition papers and listing each paper submitted to the court and asking the court to return a filed copy of your papers to you for your records.

·         A brief that states the legal reasons for the court to deny the summary judgment motion and that refers to any cases, court rules, laws or regulations that support your opposition.

·         Certifications or affidavits stating the facts supporting your defenses to the motion and introducing into evidence any exhibits that you seek to use to support such defenses.

·         Exhibits specifically identified in and attached to the certifications or affidavits you submit that support your factual claims about why the court should deny the summary judgment motion.

·         A statement of additional uncontested material facts that support your opposition to the summary judgment motion.

WHAT IF I AM OPPOSING A MOTION FOR SUMMARY JUDGMENT AND I WANT TO SEEK SUMMARY JUDGMENT OR SOME OTHER TYPE OF RELIEF RELATED TO MY OPPONENT’S MOTION FOR SUMMARY JUDGMENT?

You must file a cross motion seeking the relief you want from the court.  To file a cross motion, you must generally follow the steps discussed above for filing motions.  However, the cross motion should be scheduled to be heard on the same date as the original motion for summary judgment that you are opposing.

IF I FILED A MOTION FOR SUMMARY JUDGMENT AND MY OPPONENT FILED OPPOSITION, DO I HAVE AN OPPORTUNITY TO RESPOND TO THE OPPOSING PAPERS IN WRITING?

A party moving for summary judgment (not cross movants) may file and serve responses to such opposing papers or to cross-motions not later than 4 days before the summary judgment motion hearing date.  All such papers should be forwarded to the judge assigned to hear the motion for summary judgment and served on all parties who appeared in the case. However, no other responsive papers pertaining to the summary judgment opposition papers may be filed or served without the court’s permission.

WHAT IF I FILE A PROPERLY SUPPORTED MOTION FOR SUMMARY JUDGMENT AND THE OTHER PARTY DOESN’T FILE PROPERLY SUPPORTED OPPOSITION PAPERS

If a motion for summary judgment is properly supported, the burden rests on the respondent to show why the motion should not be granted.   Unless the respondent can do more than simply create some doubt as to the material facts presented by the moving party, the court should grant the summary judgment motion.   The Court should not ignore the respondent’s burden to come forward with evidence showing more than mere doubt that the crucial facts of the case support the granting of the summary judgment motion.   Even if the respondent merely presents legal arguments to deny summary judgment, those arguments, if unsupported by proof of material facts, should fail to save the respondent from having the summary judgment motion decided against the respondent.  For example, if a respondent offers no affidavits, certifications or other proofs in opposition to the summary judgment motion, the court may accept as true the evidence submitted by the moving party.  However, even where the nonmoving party fails to follow the New Jersey Court Rules, New Jersey Superior Courts sometimes decide to deny a summary judgment motions.  In fact, it is not unusual for New Jersey Superior Courts to refuse to apply certain New Jersey Court Rules to one party but to apply them to another party.

WHAT HAPPENS IF I MAKE A MOTION FOR SUMMARY JUDGMENT AND DECIDE BEFORE ITS HEARING DATE THAT I WANT TO ABANDON THE MOTION OR BEFORE ITS HEARING DATE THE PARTIES SETTLE THE CASE?  

Moving parties are permitted to withdraw their motions for summary judgment from the court before the motion is heard.  If the moving party decides to withdraw its motion for summary judgment or they settle their case, the moving party must immediately inform the court.  This is best done by calling the judge’s chambers for the judge hearing the motion and advising them of the decision, calling the clerk’s office and advising them of the decision and writing a confirming letter (it is best to get a fax # for the court to fax it to the court and to also forward it by certified mail, RRR, keeping a copy for your records).

WHAT HAPPENS IF THE COURT GRANTS MY MOTION FOR SUMMARY JUDGMENT?

Within 7 days after the date it was signed, the party obtaining an order granting summary judgment or entering summary judgment shall serve it as required by the New Jersey Court Rules.

WHAT HAPPENS IF I LOSE A SUMMARY JUDGMENT MOTION?

If you are a plaintiff and you lose a summary judgment motion made by your opponent, 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 summary judgment motion made by a plaintiff, 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 court’s decision about a summary judgment motion, you may file papers for the court to reconsider its decision – called a motion for reconsideration.  In some cases, the motion for reconsideration must be made in 20 days from the date of the court’s order deciding the summary judgment motion.  You may appeal the case to a higher court -- the New Jersey Appellate Division.  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 New Jersey Appellate Division within 45 days from the date of judgment and pay a fee to the New Jersey Appellate Division – New Jersey Superior Court Law Division, Civil Part and Special Civil Part appeals are not heard by the Civil Part or the Special Civil Part and you should not try to file appellate papers with those courts!   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 court system.  The 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 SUMMARY JUDGMENT MOTION MYSELF?

Summary judgment motions are some of the most complex proceedings in the court system.  Some people can and do successfully handle summary judgment motions themselves, from filing the first paperwork to the court’s final decision on the appeal.  If you lose a motion for summary judgment it could have very serious consequences for you!  Even attorneys frequently fail to file the proper paperwork when making or opposing summary judgment motions.  It is very risky to attempt to handle such complex proceedings without professional legal help provided by an attorney licensed by the State of New Jersey.  The 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.  Summary judgment motions require those involved in the appeal (or their attorneys, if they are represented) to file strict deadlines and rules and failure to do so could result in fines or having the appeal dismissed temporarily or forever.  The following are additional reasons to use an attorney to handle part or all of your case:

·         court fees often change

·         court rules often change

·         court 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

·         court forms available on websites may not cover every situation you may face in court

·         each case has its own particular legal issues and therefore, its own challenges

·         it is very common for people to file inadequate or incorrect motion or opposition papers that result in the papers being rejected by the court 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 or of the New Jersey Court Rules. 

·         a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their case out of court, fining them or limiting what they can present at 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 to make or oppose a summary judgment motion. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items on a summary judgment motion unless those documents are properly authenticated.  Often parties throw together paperwork that fails to comply with the New Jersey Court Rules and that the court hearing the summary judgment motion refuses to give serious consideration because of the paperwork’s deficiencies.   

·         without the proper preparation, items and documents may never be considered by the court.  Also, if there are any legal issues to be dealt with on a summary judgment motion, you must be prepared to argue them, which may require you to refer to the New Jersey Court Rules, evidence rules, laws, regulations or published cases. 

·         you cannot show up at court 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.

·         Losing a summary judgment motion could mean the end of your case or defenses to a lawsuit and could mean the entry of a money judgment against you!

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 the assistance you need to win a summary judgment motion.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING SUMMARY JUDGMENT MOTIONS?

Yes.  Paul DePetris has performed the following tasks:

·         Prepared dozens of notice of motions for summary judgment motions and oppositions to summary judgment motions. 

·         Prepared dozens of certifications for summary judgment motions and oppositions to summary judgment motions. 

·         Prepared dozens of statements of uncontested material facts for summary judgment motions and oppositions to summary judgment motions. 

·         Prepared dozens of briefs for summary judgment motions and oppositions to summary judgment motions. 

·         Argued dozens of summary judgment motions in the Superior Court of New Jersey, Civil Part and Special Civil Part

·         Prepared appellate briefs dealing with summary judgment motions.

·         Prepared appellate briefs that overturned the incorrect decision of trial judges.

·         Assisted other attorneys with the handling of summary judgment motions and appeals involving summary judgment motions.

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 APPEAL FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling cases for an hourly fee, such as by offering to prepare the 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: 609-714-2020 or consumerlaw@newjerseylemon.com.