Counsel who practice in the Special Civil Part are reminded that effective September 5, 2000 the recent
amendments to Rules 6: 2-1 and 6: 3-3(c) require:
(1) the use of a new form of summons in civil actions seeking $10,000 or less in dam ages and in small claims, and
(2) the use of new language, including the court’s address, in all notices of motion filed in the Special Civil Part.
Please note that R. 6: 2-2(a) now requires the plaintiff to provide page 2 of the new sum m ons; the clerk’s office will
provide both sides of page 1. Please note further that the tim e to respond to all Special Civil Part m otions (except
motions to enforce litigant’s rights) has been increased from five (5) to ten (10) days.
The form s for the new sum m onses, approved by the Suprem e Court for inclusion in the court rules as Appendices
XI -A(1) and (2), and the am ended text of R. 6: 3-3(c) follow. Matter deleted from the rule is in [ brackets] and new
provisions are underlined.
Appendix XI -A (1)
Appendix XI -A (2)
Dated: August 14, 2000
Richard J. Williams
Acting Administrative Director of the Courts
6: 3B3. Motion Practice
(a) ...no change
(b) ...no change
(c) ...no change
(1) ...no change
(2) The notice of m otion shall also state the court’s address and 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 m oving party or the pro se party in writing within [ 5] 10 days after the date of service
of the m otion [ , or 10 days if the m otion is for sum m ary j udgm ent, for a new trial or to vacate a j udgm ent,] that the
responding party obj ects to the entry of the order.
(3) [ The notice of m otion shall further provide that the basis of the obj ection to the relief sought shall be stated with
particularity and that the opponent m ay request oral argum ent.] Every notice of m otion shall include the following
language: NOTI CE. I F YOU WANT TO RESPOND TO THI S M OTI ON YOU MUST DO SO I N WRI TI NG. Your written
response m ust be in the form of a certification or affidavit. That m eans that the person signing it swears to the truth
of the statem ents in the certification or affidavit and is aware that the court can punish him or her if the statem ents
are knowingly false. You m ay ask for oral argum ent, which m eans you can ask to appear before the court to explain
your position. I f the court grants oral argum ent, you will be notified of the tim e, date and place. Your response, if
any, m ust be in writing even if you request oral argum ent. Any papers you send to the court m ust also be sent to
the opposing party’s attorney, or the opposing party if not represented by an attorney.
(4) I n addition to the notice contained in subparagraph (3) above, all notices of motion for sum mary judgment must
also state: We are asking the court to m ake a final decision against you without a trial or an opportunity for you to
present your case to a j udge. 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. I f 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.
(5) In addition to the notice contained in subparagraph (3) above, all notices of motion to dismiss or suppress for
failure to answer interrogatories must also state: We are requesting that your com plaint be dismissed or your
answer not be considered for failure to answer the interrogatories (questions) we sent you. I n order to avoid this
you must, within 10 days, either (a) send us answers to the questions and inform the court in writing that you have
fully answered the questions; or, (b) respond to the motion. I f you choose to respond, you must state your
opposition in writing and send copies to us and the court.
[ (4)] (6) Upon receipt of such objection and a request for oral argument, or at the direction of the court, the clerk
shall set the motion down for hearing and shall notify the parties or their attorneys by m ail of the time and place
thereof.
[ (5)] (7) A party who has not requested oral argum ent m ay waive in writing the right to appear at the hearing and
rely on the papers.
[ (6)] (8) The party seeking an order under this rule shall submit a proposed form of order with the moving papers.
(d) ...no change
Note: SourceCR.R. 7: 5B9, 7: 5B10, 7: 5B11(a)(b); paragraph (c) am ended July 15, 1982 to be effective September
13, 1982; paragraph (c) am ended Novem ber 2, 1987 to be effective January 1, 1988; paragraph (b) am ended
Novem ber 7, 1988 to be effective January 2, 1989; paragraph (c) am ended June 29, 1990 to be effective
Septem ber 4, 1990; paragraph (c) am ended and paragraph (d) adopted July 14, 1992 to be effective Septem ber 1,
1992; new text of subparagraph (c)(5) added and form er subparagraph (c)(5) redesignated as (c)(6) July 13, 1994
to be effective Septem ber 1, 1994; subparagraph (c)(2) am ended, new text of subparagraphs (c)(4) and (c)(5)
added and form er subparagraphs (c)(4), (c)(5), and (c)(6) redesignated as subparagraphs (c)(6), (c)(7) and (c)(8),
respectively, July 5, 2000, to be effective September 5, 2000.
Document Date: Aug. 14, 2000
Publish Date: Aug. 10, 2000