- New Attorneys, All active lawyers must complete 24 hours of CLE over a two-year cycle. Five of the 24 credits must be in ethics or professionalism; two of those five credits must be in diversity, inclusions, and elimination of bias., CLE Reporting Requirements for Newly Admitted Attorneys, Every active lawyer is required to complete 24 credit hours of continuing legal education (CLE) every 2 years. Of those 24 credits, at least 5 credits must be in ethics and/or professionalism, including 2 credits of coursework in diversity, inclusion, and elimination of bias. During the newly admitted lawyer’s first full two-year compliance period, within the general 24 credit CLE requirement, a newly admitted lawyer with a plenary license in New Jersey must obtain 16 credit hours in at least 6 of the following 12 subject areas: New Jersey basic estate administration; New Jersey basic estate planning; New Jersey civil or criminal trial preparation; New Jersey family law practice; New Jersey real estate closing procedures; New Jersey attorney trust and business accounting fundamentals; New Jersey landlord/tenant practice; New Jersey municipal court practice; New Jersey law office management; New Jersey administrative law; New Jersey workers’ compensation law; and New Jersey labor and employment law. At least one credit of the required sixteen credits must be in New Jersey attorney trust and business accounting fundamentals. A “newly admitted lawyer” is defined by the Board on Continuing Legal Education (Board) as a lawyer who becomes an active member of the New Jersey bar for the first time. Newly admitted attorneys with a limited license do not have to take the 16-credit new admit coursework. Some newly admitted attorneys, depending on when admitted and when their birth month falls may have a one-year transitional reporting period. Continuing Legal Education Requirement for Lawyers Admitted to the New Jersey Bar in 202 CLE Reporting Requirements for Attorneys Admitted in 2026 Continuing Legal Education Requirement for Lawyers Admitted to the New Jersey Bar in 2025 CLE Reporting Requirements for Attorneys Admitted in 2025
- Application Instructions for 2026 Recertification, Discover what you need to know for recertification. See list of Attorneys Due for Recertification in 2023 attorneys due for recertification in 2026 ., Application for Recertification Deadline is March 31, 2026., If you are unable to file your application by the deadline, you must submit a letter to the Board requesting an extension along with a filing fee of $25, payable to “Secretary, Board on Attorney Certification.” In the extension request, you must provide a good cause reason for the inability to timely file and the date on which you plan to file the application. This request must be submitted by Feb. 27, 2026. An applicant who fails to file either an application for recertification or a good cause request for an extension will lapse and, therefore, will no longer be able to hold himself or herself out as a certified attorney. Pursuant to Board Regulations, an attorney who allows his or her certification to lapse and thereafter seeks to be certified shall comply with all of the requirements for seeking an initial application for certification., Rules and Regulations, Only members in good standing of the Bar of New Jersey are eligible to file an application. Read the Regulations of the Board on Attorney Certification Regulations of the Board on Attorney Certification before completing the application. Read Court Rule 1:39 Specialty Certification Of Attorneys, Court Rule 1:39, before completing the application. Please note that, pursuant to RG. 701 RG. 701 , the Board obtains information regarding the applicant from the Office of Attorney Ethics. In addition, the Board communicates the status of a certified attorney’s application to other certifying organizations. , Confidentiality, - The identity of applicants, the contents of application forms, peer references, and other pertinent information concerning applications for recertification will be treated by the Board, Committee members, and staff as confidential. The forms below must be downloaded to your device before they will open properly: Civil Trial Attorney Recertification Application Application for Certified Civil Trial Attorneys Criminal Trial Attorney Recertification Application Application for Certified Criminal Trial Attorneys Matrimonial Law Attorney Recertification Application Application for Certified Matrimonial Law Attorneys Municipal Court Law Attorney Recertification Application Application for Certified Municipal Court Law Attorneys Workers’ Compensation Law Attorney Recertification Application Application for Certified Worker’s Compensation Law Attorneys Visit our New Jersey Judiciary Forms Help Page forms help page for instructions on how to open these forms., Instructions for Completing Application, All questions must be answered or shown as “not applicable.” Incomplete applications will be returned. All responses must be typed. Handwritten applications will not be accepted for filing. , Section III:, Peer Review. Do not send reference letters with your application. This office will solicit statements of reference by mail and provide forms to each person listed in your application. Applicants are required to furnish accurate and current addresses for references. You are encouraged to notify the attorney or judge that you are naming them as a reference in your application for recertification. Prior notification often assists the reference in completing and timely returning the peer review form. In order to maintain confidentiality and a fair process, you should not be discussing with your references the details of their peer review responses. Because peer review is both a confidential and voluntary process, additional names may be requested of the applicant if any of the provided references are non-responsive. In addition, the Certification Committees and the Board may seek references from other attorneys and judges familiar with the skills and reputation of the applicant. Substitute names may be requested of the applicant if any of the provided references are non-responsive. In addition, the Certification Committees and the Board may seek references from other attorneys and judges familiar with the skills of the applicant. , Section IV: Substantial Involvement and Special Competence, . The percentage requirement referred to in Section IV-A refers to the actual time spent practicing law in your specific area of certification, and is not based on percentage of fees earned or number of cases handled. Section IV-B requires you to give the approximate number of matters that you have participated in the categories listed, and in what capacity, for the past five years. Please refer to RG. 501:1 RG. 501:1 for an explanation of what the Board considers substantial involvement. , Section V: Continuing Legal Education., Attach all Certificates of Attendance for courses that you completed to meet this requirement. If you have not yet met your CLE requirement at the time of filing your application, submit additional Certificates of Attendance upon completion. Include check or money order for $175, for each specialty application, , payable to “Secretary, Board on Attorney Certification”. There is a $75.00 late fee for applications not submitted by March 31, 2026. This payment is separate from the annual fee payment. Certification and Waiver executed (last page of application signed). Original signed application, plus one copy and payment. Mail to (Regular mail):, Board on Attorney Certification, Richard J. Hughes Justice Complex P.O. Box 965 Trenton, New Jersey 08625-0965 OR Overnight or hand deliver:, Board on Attorney Certification, Richard J. Hughes Justice Complex 25 Market Street Trenton, New Jersey 08625
- Application Instructions for Attorney Certification for 2026, Attorneys who wish to apply for certification can find the application for their field of practice here. Review the following instructions, deadlines, and rules and regulations. , Application Deadlines, Civil April 30, 2026 Criminal April 30, 2026 Matrimonial May 29, 2026 Workers’ Compensation May 29, 2026 Municipal Court May 29, 2026, Applications postmarked or delivered after the deadline will not be considered by the Board for the 2026 examination., Rules and Regulations, Read the Regulations of the Board on Attorney Certification Regulations of the Board on Attorney Certification before completing the application. Read Rule 1:39 Specialty Certification Of Attorneys, Court Rule 1:39, , before completing the application. The forms below must be downloaded to your device before they will open properly: Civil Trial Attorney Certification Application, Application for Certified Civil Trial Attorneys, Criminal Trial Attorney Certification Application, Application for Certified Criminal Trial Attorneys, Matrimonial Law Attorney Certification Application, Application for Certified Matrimonial Law Attorneys, Municipal Court Law Attorney Certification Application, Application for Certified Municipal Court Law Attorneys, Workers’ Compensation Law Attorney Certification Application, Application for Certified Worker’s Compensation Law Attorneys, Visit our New Jersey Judiciary Forms Help Page forms help page for instructions on how to open these forms., Instructions for completing applications, All questions must be answered or shown as “not applicable.” Incomplete applications will be returned. All responses must be typed. Handwritten applications will not be accepted for filing. , Section II:, Peer Review. Do not send reference letters with your application. This office will solicit statements of reference and provide forms to each person listed in your application. Applicants are required to furnish accurate and current addresses for references. You are encouraged to notify the attorney or judge that you are naming them as a reference in your application for certification. Prior notification often assists the reference in completing and timely returning the peer review form. In order to maintain confidentiality and a fair process, you should not be discussing with your references the details of their peer review responses. Because peer review is both a confidential and voluntary process, additional names may be requested of the applicant if any of the provided references are non-responsive. In addition, the Certification Committees and the Board may seek references from other attorneys and judges familiar with the skills and reputation of the applicant. Attach any Certificates of Good Standing attached if applicable. Include check or money order for $250 made payable to “Secretary, Board on Attorney Certification”. Certification and Waiver executed (last page of application signed). Original signed application, plus one copy and payment. Mail to (Regular):, Board on Attorney Certification, Richard J. Hughes Justice Complex P.O. Box 965 Trenton, New Jersey 08625-0965 OR Overnight or hand deliver:, Board on Attorney Certification, Richard J. Hughes Justice Complex 25 Market Street Trenton, New Jersey 08625, Board On Attorney Certification Fees, Certification Application Fee $250 Certification Examination Fee $200 Recertification Application Fee $175 Annual Fee $175 Late Fee $75 Certified Attorney Logo $5 Certified Attorney Brochures (Brochures are available in multiples of 100) $50
- Supreme Court Board on Continuing Legal Education, Discover what you need to stay up-to-date on CLE requirements, Supreme Court Board on Continuing Legal Education, Richard J. Hughes Justice Complex 25 Market Street Floor 8- North Wing P.O. Box 965 - 08625-0965 Trenton, New Jersey 08625 Phone:: 609-815-2930 SCTCLE.mailbox@njcourts.gov Approved Courses Catalog New CLE Requirement effective January 1, 2024: Newly admitted New Jersey attorneys required to meet the newly admitted attorney requirement must take 16 total credits in a minimum of 6 New Jersey new admit subject areas. A minimum of one credit must be taken in New Jersey attorney trust & business accounting fundamentals. Notice - New Jersey Attorney 2026 Electronic Registration and Payment Requirements and Updates; No-Cost CLE Training Mandatory Electronic Attorney Registration GROUP 1 ATTORNEYS (BIRTH MONTH JANUARY THROUGH JUNE) ARE DUE TO REPORT COMPLIANCE WITH THE CONTINUING LEGAL EDUCATION (CLE) REQUIREMENT DURING THE 2026 ATTORNEY REGISTRATION PROCESS. Pursuant to BCLE Reg. 402:1, attorneys who report that they have not completed the CLE requirement by 12/31/2025 will be assessed a $50 noncompliance fee and given a grace period until 06/26/2026 to complete their CLE requirement. Upon completion of the CLE credits, they MUST return to this on-line registration system to report final compliance on or before 06/26/2026. After the expiration of the grace period, attorneys can no longer report CLE compliance through the on-line registration system. Those who fail to complete and/or report CLE compliance by the expiration of the grace period will be assessed an additional $50 noncompliance fee, for a total of $100, and be required to submit a reporting form provided by the Board, along with documentation proving compliance. Attorneys who remain noncompliant with the CLE requirement are subject to being declared administratively ineligible to practice New Jersey law. To be removed from the CLE Ineligible List, attorneys must make up all required credits for each compliance period that they are noncompliant and pay all required fees. Effective January 1, 2024, the definition of live instruction has been amended to include certain types of alternative verifiable learning formats. Please review the Board’s Regulations for more explicit information., Members of the Board, Chair: , Peter G. Verniero, Vice Chair:, Classie M. Colinet Jeffrey Epstein H. Mark Ellis, Ph.D. Theresa A. Lyons Daniel F. O’Brien Joshua H. Reinitz Rubin Sinins Katherine E. Suell, NJSBA Representative:, Maria P. Vallejo, NJ Commission on Professionalism in the Law Representative:, James J. Uliano, Acting Administrative Director of the Courts:, Michael J. Blee or designee (ex officio), Counsel:, Wendy L. Weiss
- File an Ethics Grievance, On This Page, Ethics Grievance Process, The OAE reviews ethics complaints of attorneys who have been accused of wrongdoing. To assist the office, there are 18 ethics committees consisting of volunteers. These committees help review grievances filed against attorneys in their district. , File a Grievance, To file a grievance (complaint) against an attorney, complete the Attorney Grievance Form attorney grievance form . Email to oae.mbx@njcourts.gov oae.mbx@njcourts.gov as an attachment. The grievance form and all other attachments must be in portable document format (PDF). Grievance review may take up to 45 days. After review, the grievant will receive a letter stating whether the case has been declined or docketed for further investigation by the Office of Attorney Ethics or a district ethics committee. If you are unable to submit your grievance (complaint) to the OAE Mailbox, or in a PDF format, you may send your grievance (complaint) by regular mail to:, Office of Attorney Ethics, Richard J. Hughes Justice Complex P.O. Box 963 Trenton, New Jersey 08625-0963 To locate the district secretary appointed to the county where the attorney practices in, please see District Ethics and Fee Committees . For any additional questions regarding the grievance form, you may contact the , Office of Attorney Ethics, at 609-403-7800 If an Request an Interpreter for a Court Event interpreter and/or an ADA Title II Get Help ADA accommodation is required during any of the stages of the grievance process, please call 609-403-7800 609-403-7800 (ext. 34110)., Grievance Review, Grievance review may take up to 45 days. After review, grievant will be mailed a docketing letter. If a grievance is declined, a formal declination letter will be mailed to the provided address. If the grievance reveals a potential violation of the Rules of Court Rules of Professional Conduct , it will be given a docket number. Once a docket number is assigned the investigation will begin. A grievance might not be investigated: If the grievance involves current pending civil or criminal litigation filed involving the attorney. A grievance may be submitted, after , civil or criminal litigation has been, fully completed, . If the facts do not constitute unethical conduct. If the grievance relates to an attorney fee dispute. Disputes of attorney fees should be addressed through the OAE Fee Arbitration Program Fee Arbitration Program . , Grievance Docketing and Investigation, A grievance will be reviewed by either the DEC, if it is a standard matter, or the OAE if the matter is complex. Once docketed, the case will be assigned for investigation to either one member of the DEC, or to the OAE. Grievances assigned to a DEC investigator are planned to be investigated within six months or less. Grievances assigned to the OAE are planned to be investigated within nine months or less. Regardless of where a grievance is assigned, certain matters may take longer to complete. Once docketed you will be contacted to provide information regarding the basis of your grievance. A grievance cannot be withdrawn after it has been docketed. If you determine to not participate, the matter may still proceed. As a result of the investigation, an investigative report will be prepared. The report will be reviewed by either the DEC chair, or OAE director, for clear and convincing evidence of unethical conduct. If the report, does not, show clear and convincing evidence, the matter will be dismissed. A copy of the investigative report will be sent, and you will have 21 days to appeal the decision. An appeal is filed with the Disciplinary Review Board Disciplinary Review Board . If the report shows there, is, clear and convincing evidence of misconduct, then: A formal complaint may be filed against the attorney, or o If the matter is Rule 1:20-3 minor (the word minor is a hyperlink to R. 1:20-3), then it may be resolved through diversion. The diversion program is a nonpublic program requiring the attorney to complete certain obligations. The obligations are meant to correct the unethical conduct. , Formal Complaint and Hearing, Once a formal complaint has been served to an attorney, they have 21 days to respond with an answer. Once an answer has been received, a hearing will be scheduled. A hearing is presented before a hearing panel or a special ethics master. Typically, a hearing panel will consist of one public member and two attorneys of the DEC. A special ethics master is an attorney appointed by the Supreme Court to preside over the hearing in complex matters. At the hearing, you may be called as a witness to provide testimony about the grievance., Formal Hearing and Decision , If the hearing panel, or special ethics master, decides there is not clear and convincing evidence the complaint will be dismissed. After a complaint has been dismissed, an appeal of the decision may be filed. The appeal is with the Disciplinary Review Board Disciplinary Review Board and must be received within 21 days of the dismissal. If the hearing panel, or special ethics master, decides there is evidence of misconduct, they will suggest discipline. The case will be sent to the Disciplinary Review Board Disciplinary Review Board for its review. , Volunteer to Be an Ethics or Fee Committee Member, Complete the form and mail it to the Office of Attorney Ethics – OAE Volunteer Application Form 12967
- Forms, Search forms, brochures, and self-help kits. If you have trouble opening a form, right-click on the form link and choose “Save link as…” and download the form to your computer. You will need Adobe Reader to open the form. Please go to our New Jersey Judiciary Forms Help Page forms help page for more information. 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Plea-05 Supplemental Plea Form for Certain Sexual Offenses (Megan’s Law/Parole Supervision for Life/Community Supervision for Life) CN: 10080 Translations Available Translation exists logo. Financial Questionnaire to Establish Indigency CN: 10110 Translations Available Translation exists logo. How to Sue for Up To $5,000 in Small Claims Court Motor Vehicle Case CN: 10148 How to Sue for Up To $5,000 in Small Claims Court Non-Motor Vehicle Case CN: 10151 Resource Family Information Form CN: 10159 Resource Family Information Form (Word form) CN: 10159 Order to Show Cause for Care and Supervision (Word form) CN: 10160 Order - Appointment of Court Appointed Special Advocate (CASA) (Word form) CN: 10161 Foreclosure Case Information Statement (FCIS) - Appendix XII-B2 CN: 10169 Translations Available Translation exists logo. Foreclosure Amount Due Schedule CN: 10170 Tax Court - Small Claims Handbook CN: 10190 Translations Available Translation exists logo. Information Subpoena and Written Questions to Non-Parties - Appendix XI-R CN: 10191 CPR Board Initial Review Checklist CN: 10193 CPR Board Initial Review Checklist (Word form) CN: 10193 Rules Governing Practice in Tax Court Handbook CN: 10194 Written Acknowledgement - Notice of Trial CN: 10197 Translations Available Translation exists logo. Records Request Form (Multipurpose form - use for Tax Court records requests) CN: 10200 Translations Available Translation exists logo. Certification Application for Appointment as Private Prosecutor CN: 10202 Translations Available Translation exists logo. Lemon Law Program Brochure CN: 10215 Pagination 1 Go to page 2 2 Go to page 3 3 Go to last page 39 Last page Go to next page > Next page Showing 1 to 20 of 772 items
- Landlord/Tenant, The following information outlines court process for Landlord-Tenant cases., On This Page, Special Civil Part officers are the only ones able to enforce an eviction. Any other attempt at eviction is illegal., Forms and Process, Quick Access to All Landlord-Tenant Forms , Landlord Forms: CN Title 10512 Certification by Landlord - Appendix XI-T 10513 Certification by Landlord's Attorney - Appendix XI-U 10822 Tenancy Summons and Return of Service - Appendix XI-B 11252 Verified Complaint Landlord Tenant - Appendix XI-X 11947 How to Apply For a Writ of Possession (Order to Remove an Illegal Occupier From Your Property - Ejectment Action) 12770 Landlord Case Information Statement (LCIS) 12817 Warrant of Removal - Commercial - Appendix XI-G (2) 12818 Warrant of Removal - Notice to Tenants - Appendix XI-G (3) 12819 Warrant of Removal - Execution - Appendix XI-G (4) 12836 Request for Residential Warrant of Removal 12842 Certification of Lease and Registration Statement Tenant Forms: CN Title 10288 Information for Residential Tenants 12778 Tenant Case Information Statement (TCIS) Process for Filing Landlord tenant cases are filed in the special civil part of Superior Court. Any landlord that is a business entity must be represented by a New Jersey attorney in landlord tenant cases. A business entity is a corporation, a limited liability company, or a partnership. Sole proprieters and general partnerships are allowed to file papers and represent themselves in court. Still, it is a good idea to get a lawyer if you can. While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., How to File a Complaint in Landlord Tenant Court, Complete Forms Verified Complaint Landlord - Tenant - Appendix XI-X Verified Complaint The landlord (you) must provide the correct name(s) address(es), and email address(es), if known, for each tenant named as a defendant. Also, the complaint must identify the landlord(s) as individuals, proprietorship, partnership, or corporation. You must complete the entire, mandatory, complaint form, providing an answer for each question 1 through 11, and any other applicable questions, and must attach all required documents. Tenancy Summons and Return of Service - Appendix XI-B Tenancy Summons and Return of Service The court will insert the trial date on the summons. It will be at least 21 days from date of service of the summons. You must file the following documents with the complaint. Landlord Case Information Statement (LCIS) Landlord Case Information Statement(LCIS) You must complete a Case Information Statement and file it with the court with the complaint. The information contained in the Case Information Statement is not admissible as evidence. Do not include personal identifiers such as social security numbers on the copy of the documents that you file with the court. Complete the forms, make a copy, and then redact the personal identifiers on the copies you will submit to the court. A copy of the lease, (or, if the lease exceeds 10 pages, the relevant portions of the lease), including: any provisions specifying fees and charges as “additional rent.” any provisions outlining landlord’s notice obligations under any rental assistance program. any provisions outlining grounds for eviction under any rental assistance program. Registration Statement, unless exempt pursuant to N.J.S.A. 46:8-27. Certification of Lease and Registration Statement Certification of Lease and Registration Statement For cases involving something other than non-payment of rent, include all notices that were sent to the tenant or Public Housing Authority which will be used at the trial. Attach the filing fee or request a fee waiver: One defendant $50 Each additional defendant $5 Service fee: $7 for delivery of the court papers by a special civil part officer. Check the forms to make sure they are complete. Sign the forms. Make copies of all of the documents that will be submitted to the court and put one copy in a safe place. The landlord should keep a copy for their records and two copies for each tenant named as a defendant in the complaint. Check that the personal identifiers are redacted on the copies prepared for court. Upload the documents into the Judiciary Electronic Document Submission Judiciary Electronic Document Submission (JEDS) system. Use a credit card to pay the fee or mail the verified complaint, the summons, the LCIS, any notices, and the fee to the Superior Court Superior Court where the rental property is located. You can also deliver the papers in person or by mail., You must, include The summons The LCIS A copy of the lease, (or, if the lease exceeds 10 pages, the relevant portions of the lease) Registration Statement Certification of Lease and Registration Statement For cases alleging, other than, non-payment of rent, any required notices Check or money order payable to Treasurer, State of New Jersey. You can also pay cash if you are delivering the papers to the courthouse in person. Note that attorneys must use the eCourts system to file landlord tenant cases., Tenant Response, The tenant is the defendant in a landlord tenant case. The defendant must go to court to defend against the landlord’s claims. Written responses are not acceptable. Tenants must complete the Tenant Case Information Statement (TCIS) Tenant Case Information Statement (TCIS) and file it with the court as soon as possible after receipt of the complaint. However, the TCIS shall be accepted for filing through the date of trial. Does the tenant need a lawyer in landlord tenant court? The tenant must be represented by a lawyer if it is a business. Any corporation, company, or limited liability partnership must have an attorney in landlord tenant court cases. Even if you are not a business, it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services. Legal Services of New Jersey maintains a directory of Regional legal services offices regional legal services offices. The New Jersey State Bar Association also maintains a list of county lawyer referral services lawyer referral services that might be helpful. While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Settlement, It is important to come to the scheduled court date. Both parties might be able to work out a settlement as long as they are both present. Settlement is often the best solution. It gives both parties the chance to compromise. In a settlement meeting with trained court staff, each party can get something that they want out of the case. Even if a tenant is facing eviction, the tenant and landlord might be able to work out a plan that will give the tenant more time to move out. If the landlord and tenant agree on a settlement, the court staff will help them submit the correct form to the judge. If the judge approves the settlement, the case is over. The landlord and tenant can move forward according to the settlement terms. You have nothing to lose by trying to settle with the other party., Preparing for Trial, Watch this video on landlord tenant cases before you attend court., What to present, Documents Be prepared to present or submit all records that will help you prove your case, such as: rent receipts, estimates, repair bills dishonored checks from the tenant (bounced checks) letters and notices to, or from, the tenant(s) photographs** any other documents that you believe will help you defend the case being made against you **Photographs, emails and text messages must be submitted to the court. You should print these out if you are appearing in person or contact the court in advance to arrange to submit them if you are attending virtually. Contact the Civil Division in your county to arrange to submit evidence in advance of the trial. Witnesses. Your witnesses can attend court to help you prove your case; the court will not accept a written statement signed by a witness. If you are attending to court without a lawyer, you will have to question your witnesses. Prepare any questions you will ask your witnesses in advance., What to expect at the trial:, If the landlord does not attend, the case will be dismissed. This means the case will not proceed. If the tenant does not attend, the case will be marked “Default.” This means the landlord can apply for a judgment against the tenant. If you both come to court, you will be asked to work with trained, neutral court staff to try to settle your case. OR If the landlord and the tenant come to an agreement, the court staff will help complete the right form to finalize the settlement. The judge must review and approve the forms before the court will accept your agreement. If you do not come to an agreement, a judge will hear the case. The judge will either grant or deny a judgment for possession. A judgment for possession is the first step toward eviction. Landlord/Tenant Trial Instructions - Harris Announcement (Appendix XI-S) Read the instructions that the judge will give in court, After the Trial, Unpaid rent: A tenant cannot be evicted if the full amount of rent is paid. The landlord also can charge for other costs if the judge approves. Even after a judgment of possession is issued by the court, the tenant has three business days to pay the rent and the approved costs to avoid eviction. The landlord cannot refuse the timely offer of full payment by the tenant, by a charitable organization, or by a rental assistance program. The judgment of possession does not entitle the landlord to the outstanding rent. To seek back rent, the landlord must file a claim in the special civil part or small claims section to collect the outstanding rent. Special Civil Court How to file a special civil case for any amount of unpaid rent Small Claims Court How to file a small claims case for amounts $5,000 and under Judgments for Possession and Warrants of Removal If a judgment for possession is entered, the landlord can take steps to have the tenant evicted. After the three business days pass from the date of the judgment for possession, the landlord may request a warrant of removal from the court. If the tenant does not leave the property, a special civil part court officer, not the landlord, will serve the tenant(s) with a warrant of removal. Residential tenants have three business days to leave the property after they are served with a warrant of removal. If they do not leave, the landlord can ask the court officer to evict them. The special civil part officer will carry out the warrant of removal unless the tenant pays everything in full. The residential tenant can also pay the landlord everything in full up to three business days after an eviction and have their case dismissed. Unlike residential tenants, business tenants must leave immediately when served with a warrant of removal., Landlords need to submit the following to move towards eviction:, Residential CN Title 12816 Warrant of Removal - Residential - Appendix XI-G (1) 12818 Warrant of Removal - Notice to Tenants - Appendix XI-G (3) 12819 Warrant of Removal - Execution - Appendix XI-G (4) 12836 Request for Residential Warrant of Removal Commercial CN Title 12817 Warrant of Removal - Commercial - Appendix XI-G (2) 12818 Warrant of Removal - Notice to Tenants - Appendix XI-G (3) 12819 Warrant of Removal - Execution - Appendix XI-G (4), After Judgment for Possession, There are still things that a tenant can do after the court date that could delay or prevent an eviction. The tenants must notify their landlord if they decide to pursue any of these actions with the court: Tenants can request an Order for Orderly Removal, How to Apply for an Order for Orderly Removal in a Landlord Tenant Case How To Apply for an Order for Orderly Removal which grants them more time to move out. This could give them up to seven calendar days to move. They can request a hardship stay How to Apply for a Hardship Stay in a Landlord Tenant Case How to Apply for a Hardship Stay . This could stop the eviction for up to six months. Tenants cannot apply for a hardship stay unless they pay all the money they owe to the landlord, plus any costs. If they pay all the money they owe and they are granted a hardship stay, they must still comply with the original lease and pay all of the rent during the stay. Tenants can apply to the court to vacate (cancel) the judgment for possession How to Apply for an Order to Show Cause in a Landlord Tenant Case How to Apply for an Order to Show Cause . This request is not granted often and requires unique legal circumstances. Tenants can ask the court to dismiss the case if they give the landlord all the money that is due within three business days of the judgment of possession or eviction. The court must dismiss the complaint. Tenants can file an Order to Show Cause if the landlord refuses to accept payment from a rental assistance program or charity that has agreed to pay the overdue amount. Tenants should contact the Special Civil Part Office Special Civil Part Office as soon as possible to apply for any of the above., Laws and Legal Research, Key facts:, Residential tenants in New Jersey have certain rights. They cannot be evicted by anyone other than a special civil part officer. The landlord must first file a landlord tenant lawsuit in the special civil part of the Superior Court and get a judgment for possession from the court before an officer can be directed to evict any residential tenant. If the landlord does not have a judgment for possession, and attempts to have the tenant evicted, this is an illegal lockout. If the eviction is not carried out by a special civil part officer, this is also an illegal lockout. Tenants have the right to attend court on the scheduled trial date to defend themselves against a possible eviction. Those cases are heard in the county courthouse where the rental property is located. The judge may send the parties to a trained neutral settlor on the trial date to try to settle the case. Landlord Tenant Laws: There are two New Jersey statutes that apply to eviction cases. The laws differ on when and why a renter can be evicted. See N.J.S.A. 2A:18-53 for commercial tenants (not homes) and for residential properties with no more than two rental units (such as a two-family home, or a three-family home if the landlord also lives in one of the units). N.J.S.A. 2A:18-61.1 et. seq. applies to all other residential tenants, except for hotels, motels, and seasonal renters. Laws Protecting Tenants Some reasons a landlord might file a complaint in landlord tenant court: In most cases, a landlord must give a tenant a written notice to cease, or stop, their disorderly conduct or other violation. The landlord can only move forward with an eviction if the tenant continues the conduct after receiving the notice to stop. See N.J.S.A. 2A:18-61.1 for more information. Also, complaints for reasons other than non-payment of rent generally require notice ending the tenancy. These notices must be attached to the complaint at the time of filing. Under federal law, public housing residences require the landlord to send a copy of the complaint and any eviction notice to the Public Housing Authority (“PHA”) on the same day or before the complaint is filed in court. Common Defenses in Eviction Cases There are many ways that tenants can defend themselves in eviction cases. Both tenants and landlords should research these issues in order to prepare for court. Legal Services of New Jersey has a helpful website to get you started. Habitability A rental property must be “habitable,” meaning that people can live in it safely and comfortably. In New Jersey this is also called the Marini Doctrine. Common problems that affect habitability: Lack of hot water or heat Non-working toilet Mold, bed bugs, or rodents Lead paint, broken windows, unfinished floors Broken appliances such as a stove or a refrigerator Unsafe common areas such as a lobby, stairs, or elevator Anything else that makes it hard for a tenant to live there normally A tenant might withhold rent because of a habitability issue. But habitability cannot be used to avoid eviction for a pattern of late rent payments, noise or pet violations, or any other reason the landlord might give for an eviction. To make a habitability defense, a tenant must: Deposit all rent due with the court. Be able to show the court, with photos or other evidence, that some part of the living space is uninhabitable. Be able to show the court that they told the landlord about the problem and gave the landlord a chance to fix it. Be able to show the court that they are not the cause of the issue. If the tenant broke the window, for example, that cannot be the reason for not paying rent. Unregistered Rental Property The property might not be registered as a rental property. If the landlord lives on the property and there are three units or fewer, the property must be registered with the Community Development Authority. If the landlord does not live on the property OR the property includes more than three units, the property must be registered with the Bureau of Housing Inspection. Proof of registration is done through a Registration Statement, which the landlord must file with the complaint. Illegal Tenancy A tenant could argue that the tenancy is illegal. Reasons could include: The property is condemned. There are zoning violations. For example, the property has been divided into more units than it was approved to have. The property violates other laws. For example, it might be in a basement with only one escape route. Abatement The judge could decide to give the tenant an “abatement”, meaning the tenant does not owe the full amount of the rent because of a problem with the property. For example, the tenant is paying for a 2-bedroom apartment but one of the bedrooms has no windows and is not a real room. Section 8 Subsidized Housing A landlord cannot evict a tenant without first telling any public agencies that subsidize the tenant’s rent. The landlord must attach proof of this notice when the eviction complaint is filed with the court. The case could be dismissed if the landlord did not notify the agency about the case. Certain Business Landlords That Require Attorneys Landlords that are corporations, limited liability companies (LLC), or limited partnerships (LLP), are not permitted to file landlord/tenant lawsuits without an attorney. When these business landlords appear in court, they must also have an attorney representing them. Notices Required If Landlord Is Suing for Something Other Than Non-Payment of Rent If the landlord has sued a tenant for a reason other than non-payment of rent, the landlord is required to send the tenant certain notices. The landlord must attach copies of the notices to the complaint before filing with the court. Each notice can have different legal requirements depending on the reason for seeking eviction. Tenants must receive these notices when they are served with the summons and complaint. Payment of All Rent Due by 4:30 p.m. on Trial Date (for Non-Payment of Rent Case Only) The case may be dismissed if the tenant pays to the court by 4:30 p.m. on the scheduled trial date the entire amount of rent due and owing. This includes the court costs (landlord’s filing fees) and any other costs lawfully permitted by the lease agreement. This is only if a landlord has sued on the basis of non-payment of rent only, Pay All Rent up to Three Days After an Eviction (Landlord Must Accept) For residential non-payment of rent cases only, a landlord must accept payment as long as it includes: The total amount of rent due and owing, plus Permissible costs and charges under a valid lease agreement. Total amount must be paid any time up to three business days after an eviction. Payment must be by cashier’s check, money order or cash. No personal checks. A landlord must also accept payment on behalf of a tenant by a charitable organization. After receipt of payment, the landlord must advise the court within two days that the rent due and owing was paid or be subject to a $500 fine. Illegal Evictions How to Apply for the Return of Your Personal Property or to Return to Your Rental Premises (Illegal Lockout Kit) How to File for the Return to Your Rental Premises A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court. Only a special civil part officer can perform the eviction on behalf of a landlord. It is illegal for the landlord to force a tenant out by changing the locks, padlocking the doors or by shutting off gas, water or electricity. A landlord also cannot take possession of a tenant’s personal belongings or furniture to try to force them to pay rent. Tenants who have been locked out of their home illegally can file a complaint in the special civil part of Superior Court. In the complaint, the tenant can request to be allowed back into the home. They also can request monetary damages. Security Deposits Maximum security deposit is 1 ½ months’ rent. In New Jersey, a landlord can only charge up to 1½ months’ rent as a security deposit. The landlord requires the security deposit in order to pay for any damage done to the unit or to cover unpaid rent after the tenant leaves. The landlord must deposit the security deposit into an interest-bearing account within 30 days of receiving the money from the tenant. Security deposit must be kept in an interest-bearing bank account. The landlord must notify the tenant in writing, within 30 days of receiving the deposit, the following information: The name of the bank or savings and loan association in which the deposit is made The type of account in which the security deposit is deposited The current rate of interest for that account The amount of such deposit The landlord must send the tenant an updated statement providing the same information on an annual basis, or within 30 days of: Moving the deposit from one depository institution or fund to another Each annual interest payment The transfer or conveyance of ownership or control of the property The interest must be paid or credited to the tenant each year. The landlord must either pay you the amount of the annual interest in cash or must credit the amount of the annual interest toward the payment of rent. The security deposit cannot be touched until the tenant moves out. The landlord cannot deduct any money from a tenant’s security deposit until after the tenant moves out of the home. If the landlord wants to use the security deposit to pay for damage or for unpaid rent, they must notify the tenant in writing within 30 days after eviction or after the tenant moves out of the home. The tenant must provide the landlord with their new address so that the landlord can contact them about their security deposit. If the tenant owes more money than the amount of the security deposit, or if the damage caused by the tenant was beyond normal wear and tear, the landlord can sue the tenant in court for the additional amount. If the tenant believes the landlord kept all or part of the security deposit without good cause, the tenant can sue the landlord for security deposits up to $5,000 in small claims court small claims court . Lawsuits for security deposits greater than $5,000 must be filed as special civil cases. Foreclosures A residential tenant will not be forced to move because the property is in foreclosure if the tenant has a valid lease and is in good standing. The purchase at the sheriff’s sale will take over the building subject to the tenants’ rights. If the property they are renting goes into foreclosure, tenants should receive the Notice to Residential Tenants of Rights During Foreclosure. The law protects tenants from discrimination and sexual harassment. The law protects tenants from discrimination and sexual harassment. Tenants cannot be denied housing because of their gender identity or expression , race, or other types of bias. Tenants are permitted to have emotional support animals in their rental homes. They cannot be discriminated against if they qualify for an emotional support animal. Landlords cannot discriminate against tenants based on the lawful source of the money used to pay their rent. The law protects tenants from racial steering . Racial steering is the practice of limiting someone’s choices for renting or buying housing by directing them towards or away from available housing based on actual or perceived race or national origin. You can find more anti-discrimination protections listed on the Division of Civil Rights Division of Civil Rights webpage. The tenant failed to pay rent. The tenant is often late in paying rent. The tenant has repeatedly acted in a disorderly manner. The tenant has caused destruction or damage to the property willfully or through gross negligence. The tenant has violated the terms of the lease or other document. The landlord is required to board up or demolish the property for health and safety reasons. Lack of heat Mold, bedbugs, or rodents No running water, no hot water, or a toilet that doesn’t work Lead paint, broken windows, unfinished floors Broken appliances such as a stove or a refrigerator Unsafe common areas such as a lobby, stairs, or elevator Anything else that makes it hard for a tenant to live there normally Be able to pay the full amount of rent due on the scheduled court date. They might be asked to give the rent money to the court to hold until the case is over. Be able to show the court, with photos or other evidence, that some part of the living space is uninhabitable. Be able to show the court that they told the landlord about the problem and gave the landlord a chance to fix it. Be able to show the court that they are not the cause of the issue. If the tenant broke the window, for example, that cannot be the reason for not paying rent. The property is condemned. There are zoning violations. For example, the property has been divided into more units than it was approved to have. The property violates other laws. For example, it might be in a basement with only one escape route. The total amount of rent due and owing, plus Permissible costs and charges under a valid lease agreement. The name and address of the bank where the money has been deposited. The amount of the deposit. The type of account. The current interest rate of that account The deposit is moved to another account or bank. The bank merges with another bank. The rental property is sold. , Housing Assistance, Resource Navigators, . Resource Navigators from the Department of Community Affairs (DCA) can give the parties information about assistance with rent, utilities, and other issues. They are often available at trials., Rental Assistance, . Rental assistance may be available through the DCA . The Consumer Financial Protection Bureau provides information about rental assistance in each state., Pending Rental Assistance Applications, . If you filed an application for rental assistance and are awaiting the outcome, be prepared to provide proof of the application to the court before the trial., Legal Assistance, . The court system can be confusing. It is a good idea to get a lawyer if you can. If you can’t afford an attorney, you can contact the Legal Services office near you to see if they can help. Call the Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529) or apply online . If you are not eligible for free legal assistance, refer to a lawyer referral program in your county . You will also find helpful information in LSNJ’s Tenants’ Rights Manual . Ombudsman Directory Contact your local ombudsman for information on other resources, such as the Volunteer Lawyers for Justice and the Community Health Law Project., DCAid, . DCA has assistance programs to help with heating costs, prevention of eviction, reduction of utility bills, and removal of lead hazards from your home. Use their screening tool to see if you qualify., New Jersey Housing and Mortgage Finance Agency (HMFA), . HMFA can provide free financial counseling related to eviction or possible foreclosure ., County and Municipal Welfare Agencies, . County and municipal welfare agencies have programs to help with food and medical expenses. Visit the NJHELPS.gov website to learn more., U.S. Department of Housing and Urban Development (HUD), . HUD has resources for both landlords and tenants in New Jersey . This includes help with finding a subsidized apartment, applying for public housing, and other affordable housing programs., Frequently Asked Questions, What Types of Claims Are Filed? Common reasons why a landlord might file a complaint in the Landlord/Tenant Section of the Special Civil Part Court are: Failure to pay rent Continued disorderly conduct. Willful destruction or damage to property. Habitual lateness in paying rent. Violation of rules and regulations, after written notice to comply, as outlined in a lease or other document Tenant's conviction for a drug offense Before filing a landlord/tenant complaint for a reason other than non-payment of rent, the landlord must give the tenant written notice to stop particular conduct. Only when a tenant continues that conduct after receiving the notice to stop, can a landlord try to have the tenant evicted. Federal law requires a landlord who owns public housing residences to send a copy of the complaint and any eviction notice to the Public Housing Authority (“PHA”) on or before the complaint is filed with the Court. According to the Federal CARES Act of 2020, landlords who have Section 8 tenants or who have a federally backed mortgage and are allowed to postpone mortgage payments during the Covid-19 health crisis are not allowed to file in landlord/tenant court until July 26, 2020 and they must provide 30 days’ notice to their tenants once they are allowed to file in court. Landlords should consider consulting an attorney for more information on the impact of federal and state laws passed during the Covid-19 health crisis. Landlords or tenants that are corporations, limited liability corporations or limited partnerships must be represented by a New Jersey attorney in all matters filed in the Landlord/Tenant Section. No landlord or tenant that is one of these kinds of business entities can send a representative other than a New Jersey licensed lawyer or other court permitted lawyer to court. Partners in a general partnership can represent themselves in the Landlord/Tenant section of the Special Civil Part Court. How Do I Prepare for Trial in Land Lord/Tenant case?, Landlord, If you are the landlord, you must come to court and prove the statements made in the complaint are true. Arrange to have in court any witnesses you need to prove your case. A written statement, even if made under oath, cannot be used in court. Only actual in-court testimony of the witnesses will be allowed. Prepare your questions in advance. Bring to court all records of any transactions that may help you prove your case. Such records can include: Leases, estimates, bills, rent receipts or ledgers. Dishonored checks. Letters, photographs. Other documents proving your claim If you are the landlord and want to withdraw the complaint, immediately call the Special Civil Part Office so that they can mark the case as withdrawn and cancel any interpreter or special accommodation, if any, that may have been arranged. If you and the tenant settle the case prior to the scheduled trial date, and it is regarding a residential property, the judge might need to review and approve the settlement agreement in the event it needs to be enforced later by any of the parties., Tenant, If you are the tenant, you don't have to file a written answer, but you must come to court and prove that the statements made by the landlord in the complaint are not true. Arrange to have in court any witnesses you need to prove your case. A written statement, even if made under oath, cannot be used in court. Only actual testimony of the witnesses, including your own testimony, will be allowed. Bring to court all applicable records. Such records may include: Rent receipts, canceled checks. Leases. Letters and notices to or from the landlord Photographs Other documents proving your case. If you have not paid rent because the landlord did not make necessary repairs, you have to prove to the court how serious the problems are and how they are affecting your use of the rented property. If you have not paid your rent, you should bring the amount the landlord claims you owe to court. Only cash, certified check, or money order made payable to the, Treasurer, State of New Jersey, , is acceptable. Where Do I File a Landlord/Tenant Complaint? A complaint must be filed with the Office of the Special Civil Part Clerk in the county where the rental premises are located. What Happens on the Day of Trial for Landlord/Tenant? Both the tenant and landlord must come to court at the time and date stated on the summons unless otherwise notified by the court. Bring all evidence and witnesses needed to present your case. If both the landlord and tenant appear, they might first be required to meet with a court approved mediator or settlor in an attempt to settle the case. This person is not a judge and will try to help the landlord and tenant settle their case. If an agreement is reached, agreement or settlement forms are available so that the agreement can be put in writing. It must be reviewed and/or approved by the judge when the tenant has no attorney representing them and it concerns residential property. Both the landlord and tenant will be able to present their case to the judge if they are unable to settle their case. If the judge decides in favor of the tenant, the case will be dismissed. If the judge decides in favor of the landlord, a "judgment for possession" will be granted. A judgment for possession is a court order that allows the landlord, within specific time limits, to have the tenant removed from the property (evicted) by a Special Civil Part Officer. If the landlord fails to appear at the scheduled date and time, the case will be dismissed against the landlord. If the tenant fails to appear at the scheduled date and time, the landlord will obtain a default, which means that the court is deciding in favor of the landlord. After the default, if the landlord files the required certification forms, the landlord will obtain a default judgment for possession. If the landlord's complaint is for non-payment of rent and the tenant offers to pay all the rent due, plus court costs, BEFORE or on the day of the court hearing, the landlord must accept the rent and the case will be dismissed. If the landlord doesn't accept the money, it can be deposited with the Office of the Special Civil Part. The judgment will not get entered and/or it will get dismissed without prejudice and the tenant does not have to move out of the property. If the landlord’s complaint is for non-payment of rent and the residential tenant pays all of the rent due and owing, plus proper costs, within three business days after they are evicted, the landlord must accept and advise the court to dismiss the case with prejudice. The landlord can be subject to a statutory penalty of $500 if they fail to accept full payment, plus any proper court costs, fail to cooperate with a charitable organization or rental assistance program that had committed to pay the tenant’s rent and/or fails to notify the court to dismiss the case with prejudice What Are the Filing Fees? The cost for filing a complaint in the Landlord/Tenant Section is: For one defendant/tenant. $50 For each additional defendant/tenant. $5 Service fee for the lawsuit to be served on the tenants/defendant(s) by the Special Civil Part Officer. $7 If you file by mail, include a check for the filing fees (remember to include the mileage fee). Your check should be made payable the, Treasurer, State of New Jersey, . If you file through the Judiciary Electronic Document Submission (JEDS) system, the filing fees can be paid by credit card or collateral account. There is a 3% credit card processing fee for this service. Be sure to follow the instructions provided on the payment screen. What Happens If the Landlord Obtains a Judgment for Possession? If a landlord obtains a judgment for possession, the landlord can apply to the Special Civil Part Office for a warrant of removal, which permits the landlord to force the tenant to move out of the rental property (eviction). The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid by the landlord to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal (eviction) that the officer previously served upon the residential tenant. The landlord can contact the Special Civil Part Office staff about the applicable mileage fees. The warrant of removal cannot be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted. The Special Civil Part Officer must give a residential tenant at least three (3) business days to move all persons and belongings from the property. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three-business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time. If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord about any other possible fees charged for this eviction, which must be agreed to by the landlord and which cannot be greater than $75; the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly. The tenant can be restored to the rental unit if they pay all rent and costs due and owing up to three (3) business days after the eviction. Following the eviction, the landlord must allow the tenant to remove personal belongings from the property. If a tenant vacates the rental property but fails to remove their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. The landlord should consult with an attorney for those requirements. The landlord must apply for the warrant of removal (eviction) within 30 days from the date that the judgment for possession is entered unless the judgment is stopped or stayed (delayed) through a court order or other written agreement signed by the landlord and the tenant. The landlord must have the Special Civil Part Officer execute the warrant of removal (eviction) within 30 days of the warrant’s issuance unless the judgment is temporarily stopped or stayed through a court order or other written agreement signed by the landlord and tenant. What Happens to the Residential Security Deposit? The landlord must place security deposits in an interest-bearing account in a bank or saving and loan association in New Jersey at the time the lease is signed. The landlord must give the tenant written notice of where the money has been deposited within 30 days. If the landlord does not return the security deposit within 30 days from the date the tenant moves out or vacates the property, the tenant can sue to recover double the amount due, plus court costs and reasonable attorney’s fees, if any. If the amount is $5000 or less, the tenant can sue in the Small Claims Section of the Special Civil Part Court. If the amount is more than $5,000, the tenant can sue in the Special Civil Part. If the amount is more than $15,000, the tenant must sue in the civil part section of the Law Division. The landlord must notify the tenant, within those 30 days from the date that the tenant vacates the rental property, if the landlord intends to keep some or all of the security deposit to pay unpaid rent and/or to pay for the cost of the repairs, if any. If the amount of any damage caused by a tenant plus any unpaid rent is more than the security deposit, the landlord can sue for the additional money. If a residential building is sold, the seller must turn over each security deposit plus any interest to the buyer and notify each tenant by registered or certified mail. What Can the Tenant do After Judgment for Possession is Entered? If the landlord’s complaint is for non-payment of rent, the residential tenant can pay all the rent due and owing, plus proper costs, up till three business days after they are evicted, and the landlord must send a letter or notice to the court dismissing the case with prejudice. The landlord cannot refuse to accept this timely payment from the tenant. The payment must be in certified funds, money order or cash. The landlord does not have to accept the tenant’s payment by personal check. A tenant can make a timely motion to dismiss with prejudice if the landlord fails to provide the required letter or notice to the Court upon their timely receipt of all rent due and owing, plus proper costs, or if the landlord refused to accept this timely offer of full payment. The landlord can be subject to a statutory penalty of $500 if they fail to accept the full rent due and owing before three business days from the date of the eviction, plus any proper court costs, fail to cooperate with a charitable organization or rental assistance program that had committed to pay the tenant’s rent and/or fails to notify the court to dismiss the case with prejudice. A tenant can ask the court for permission to stay in the property due to special difficulties or hardship that moving out might cause. If permission is granted, the tenant cannot stay in the property for more than six months, and all rent due, and future rent due during this “hardship stay,” must be paid. The tenant can also ask for a more temporary stay by asking the court for an Order for Orderly Removal which is typically no longer than 7 calendar days. Finally, a tenant can file a motion to vacate the underlying judgment for possession but that does not typically stop or stay the eviction process unless otherwise ordered by the court. Any of these requests for relief made by the tenant must be done with notice to the landlord and the first two, Hardship Stay and Orderly Removal, must be made within 10 days from the date of the eviction. The Premises I Am Currently Renting Are Subject to a Pending Foreclosure Action, Will I Be Forced to Move Because of This Foreclosure? A tenant will, NOT, be forced to move because of foreclosure. A residential tenancy is not generally affected by a foreclosure. The fact that the building, in which a tenant is renting goes into foreclosure, does NOT in most instances, affect a bona fide residential tenant in good standing. The purchaser at the sheriff’s sale will take over the building subject to the tenant’s rights. How Do I File a Landlord/Tenant Complaint? Landlords must file with the court:, Verified Complaint, Enter your full name, address, email address and telephone number. To ensure proper service of the complaint, the landlord must provide the correct name(s), address(es), and email address(es), if known, for each tenant named as a defendant. Also, the complaint must identify each tenant(s) as an individual, proprietorship, partnership, or corporation. The Landlord, must, complete the entire mandatory complaint form (Appendix XI-X), providing an answer for each question, 1 through 11, and any other applicable questions,, and must, attach all required documents. Landlord Tenant complaints against residential tenants for non-payment of rent must be signed and verified by someone with personal knowledge of the facts supporting the complaint. , Tenancy Summons and Return of Service, The court will insert the trial date on the summons. It will be at least 21 days from date of service of the summons. , Landlord Case Information Statement (LCIS), Landlord(s) must complete the LCIS and file it with the court with the complaint. The information contained in the LCIS is not admissible as evidence. Do not include personal identifiers, such as social security numbers, on the copy of the documents that you file with the court. Complete the forms, make a copy, and then redact the personal identifiers on the copies you will submit to the court. , A copy of the lease, (or, if the lease exceeds 10 pages, the relevant portions of the lease), including:, Any provisions specifying fees and charges as “additional rent.” Any provisions outlining landlord’s notice obligations under any rental assistance program. Any provisions outlining grounds for eviction under any rental assistance program. , Registration Statement, unless exempt pursuant to N.J.S.A. 46:8-27., , Certification of Lease and Registration Statement, For cases involving something other than non-payment of rent, include any notices previously given to tenants or Public Housing Authority that you intended to rely upon at trial. If you are landlord, sign, date, and send the completed required forms and any notices to tenants or Public Housing Authority that you intend to rely upon at trial, along with the appropriate filing and service fees, to the Office of the Special Civil Part through the mail or by using the Judiciary Electronic Document Submission (JEDS) system. For more information on JEDS, go to Judiciary Electronic Document Submission (JEDS) njcourts.gov . If you file through the Judiciary Electronic Document Submission (JEDS) system, the filing fees can be paid by credit card or collateral account. There is a 3% credit card processing fee for this service. If you are not filing through the JEDS system, you must send an original and two copies of your completed forms and attachments for each defendant/tenant named in the summons and complaint forms. The required forms, as well as a list Special Civil Part offices, addresses, and phone numbers, can be found on the court’s website at Special Civil Court njcourts.gov ., Glossary, Answer : An Answer is a written response that explains why the defendant thinks they do not owe the money to the plaintiff in a court case. Appeal : An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision. Certification : A certification is a written statement made to the court when you file papers, swearing that the information contained in the filed papers is true. Complaint : A complaint is a document in which you briefly tell the court the facts in your case and the relief you want the court to grant. Counterclaim : A Counterclaim is a claim added to defendant’s answer which asserts an affirmative claim for damages against the plaintiff. Damages : The amount of money the plaintiff sues for in a lawsuit is called damages . Default : When the defendant does not appear for trial to respond to the complaint or does not file an answer, a judge could rule in the plaintiff's favor. This is called a default . Also, if the plaintiff does not appear for trial, the court could dismiss the plaintiff's case. Defendant : The defendant is the person or business against whom a case is filed. Dismiss : If a lawsuit is dismissed by a judge, there is no longer a court case. This can happen if the plaintiff does not serve the papers to the defendant properly, fails to appear at a scheduled court event, or otherwise fails to follow through with their case. Ejectment : An ejectment is a lawsuit seeking to remove an unlawful occupant who is neither a legal tenant nor an owner of a property Eviction : An eviction is the removal of a renter performed by a special civil part officer during court business hours. It can be performed only after a judgment for possession and a warrant of removal is used and served on the tenant by a special civil part officer. Fee waiver : The court does not charge a filing fee for litigants who can prove that their income is no more than 150% of the current poverty level and that they have no more than $2,500 in cash and bank accounts. File : To file means to give the correct forms and fee to the court to begin the court’s consideration of your request. Judgment : A judgment is the official decision of a court in a case. Judgment for possession : A landlord can go to court to seek a judgment for possession to evict tenants who have failed to pay rent, failed to abide by a lease agreement, or other reasons allowed by law. Litigant : A litigant is person in a court case, either suing or being sued. Motion : A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order : An order is a signed paper from the judge telling someone they must do something. Party : A party is a person, business or governmental agency involved in a court action. Personal Identifier : A personal identifier is any personal information that is unique to an individual, including Social Security number, military status, driver’s license number, license plate number, insurance policy number, active bank account and credit card numbers. This information could be used to steal someone’s identity or their money. All documents filed with the court are available for public inspection. , Therefore no personal identifiers should be included on documents filed with the court, Plaintiff : The plaintiff is the party who starts the lawsuit. Redact : To redact is to remove or to hide parts of a written document. Return Date : The return date is the date the plaintiff and defendant are told to appear in court. Service : Service is mailing or delivering copies of your papers to the lawyer for the other party or to the other party directly if they have no lawyer. Service of Process : Service of Process is the official delivery of the papers to the other party. Summons : A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. Tenant : A Tenant is a person or business that entered into a lawful agreement with a landlord or property owner that gives them the right to peaceful possession of a habitable rental property. Testimony : A testimony is a formal statement given in a court of law. Transcript : A transcript is a written record of everything that was said during a court hearing. Warrant of Removal : A warrant of removal is an order by the court that allows an eviction of a tenant at the request of the landlord. Writ : A writ is an document issued by a court that orders a person, business or organization to do something.
- Lawsuits $5,000 or less (Small Claims), Small claims are lawsuits for $5,000 or less. Renters can file for a return of a security deposit of $5,000 or less in small claims court., On This Page, Essential Forms, The following forms are used to begin a case: CN Title 10148 How to Sue for Up To $5,000 in Small Claims Court Motor Vehicle Case 10151 How to Sue for Up To $5,000 in Small Claims Court Non-Motor Vehicle Case 10290 Small Claims - brochure 10914 How To Request a Default Judgment in the Superior Court Of New Jersey - Special Civil Part (Small Claims and Regular Special Civil Part Cases) These forms are used to collect money after a judgment is entered: CN Title 10282 Collecting a Money Judgment - brochure 10546 How to Get Financial Information About Someone Who Owes You Money (Motion to Enforce Litigant’s Rights) 10548 How to Ask the Court to Order a Wage Execution in a Special Civil Part Case 11235 Writ of Wage Execution - Appendix XII-E 11236 Notice of Application for Wage Execution - Appendix XI-I 11711 How to Complete the Request for a Writ of Execution 11840 Information Subpoena - Appendix XI-L You can use these forms to defend yourself against collection: CN Title 12322 How to Object to a Wage Garnishment in a Special Civil Part Case 12323 How to Object to a Bank Account Levy in a Special Civil Part Case 10543 How to File a Motion in the Special Civil Part Examples of small claims: A person or company failed to comply with a written or oral contract. Your car was damaged in an accident. You paid money as a down payment and want it returned . Your property was damaged or lost. You bought a product that doesn’t work. Work you paid for was faulty or not completed. You want to be paid for work you did. Someone wrote you a bad check. You gave a landlord a security deposit that was not returned. NOTE: The limit for security deposit returns is $5,000 in small claims court. Cases that cannot be filed as small claims: Malpractice claims against doctors, dentists, lawyers, or other professionals Claims for child support or alimony Cases involving wills and inheritance Claims seeking anything other than money from the defendant defendant, Do I need a lawyer to file a small claims case?, Small claims are simpler than other case types. Most people are able to file and present their cases without an attorney., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Filing Non-Auto Small Claims, How to Sue for Up To $5,000 in Small Claims Court Non-Motor Vehicle Case How to Sue in Small Claims Court up to $5,000, This kit has all of the forms and instructions for self-represented Litigants litigants to File file a small claims case. There is a How to Sue for Up To $5,000 in Small Claims Court Motor Vehicle Case separate kit if your case is the result of a motor vehicle accident., Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you., 8 steps to file a small claims case, File the Small Claims Complaint (Non-Motor Vehicle) Small Claims Complaint with the court. Complete the How to Sue for Up To $5,000 in Small Claims Court Non-Motor Vehicle Case Small Claims Summons . Include the current address of Defendant defendant . Attach the Court Fees filing fee or How to File for a Fee Waiver – All Courts request a fee waiver: One defendant: $35 Each additional defendant: $5 Check forms to make sure they are completed. Sign the forms. Make copies of all documents you will submit to the court and put them in a safe place., You must remove all , Personal Identifier, personal identifiers , from the copies you will submit to the court. Keep those identifiers on the copies you keep., , Upload the documents, into the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver – All Courts fee waiver request form if needed. You also can mail the complaint , the summons and the fee to the Directory of Superior Court Special Civil Part Offices county Superior Court where the person or business is. Certified mail is recommended. You will receive a postcard in the mail with your court date. If you cannot come to court on your assigned date, call the court right away. Your case might be dismissed if you do not appear for trial., Serving the papers on the defendant, Your case cannot move forward unless the defendant receives the complaint and summons from the court. The court will mail the complaint and summons to the defendant(s). NOTE: You must give the court the correct address for the defendant or your case cannot move forward., Preparing for trial, Both the plaintiff and defendant will be asked to give Testimony testimony at the trial. You can present witnesses. The court cannot accept written statements. You must have your witnesses available to testify on the trial date. Submit all of the documents you need to prove your side of the case at the trial using Electronic Evidence Submission Electronic Evidence Submission . The court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, through Electronic Document Submission (JEDS) Electronic Document Submission (JEDS) system or by mail, or bring them to the trial. You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date. Be prepared to present records of any transactions that may help you prove your case. That could be Cancelled checks, money orders, sales receipts. Bills, contracts, estimates, leases. Letters. Photographs. Other documents proving your claim., Your day in court, Your court notice will tell you when you must come to court. Bring all witnesses and evidence needed to present your case. The court will help you try to settle your case through a settlement conference. A staff member will try to help the plaintiff and the defendant reach an agreement. If a settlement cannot be reached, your case likely will be heard by the judge This might happen on your court date, or on a later date., Settling your case before trial, If you are able to settle the case with the defendant before the trial date, call the Directory of Superior Court Special Civil Part Offices Special Civil Part Office right away to tell them that the case has been settled., Filing Auto Small Claims, How to Sue for Up To $5,000 in Small Claims Court Motor Vehicle Case How to Sue for Motor Vehicle damage in Small Claims Court Up to $5,000, This kit has all of the forms and instructions for self-represented Litigants litigants to File file a small claims case for a Damage damage caused by a motor vehicle accident., Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you., 8 steps to file a small claims case, File the Small Claims Complaint - Motor Vehicle - Appendix XI-D Small Claims Complaint with the court. Complete the Small Claims Summons and Return of Service - Appendix XI-A (2) Small Claims Summons . Include the address of the person(s) or business you are suing. Attach the Court Fees filing fee or How to File for a Fee Waiver – All Courts request a fee waiver : One defendant: $35 Each additional defendant: $5 Check forms to make sure they are completed. Sign the forms. Make copies of all documents you will submit to the court and put them in a safe place., You must remove all , personal identifiers, personal identifiers , from the copies that you submit to the court. Keep those identifiers on the copies that you keep., , Upload the documents , into the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver – All Courts fee waiver request form if needed. You also can mail the complaint , the summons and the fee to the Directory of Superior Court Special Civil Part Offices county Superior Court where the person or business is. Certified mail is recommended. You will receive a postcard in the mail with your court date. If you cannot appear for trial on your assigned date, call the court right away. Your case might be dismissed if you do not appear for trial., Serving the papers on the defendant, Your case cannot move forward unless the defendant receives the complaint and summons from the court. The court will mail the complaint and summons to the defendant(s). NOTE: You must give the court the correct address for the defendant or your case cannot move forward., Preparing for trial, Both the plaintiff and defendant will be asked to give Testimony testimony at the trial. You can present witnesses. The court cannot accept written statements. You must have your witnesses available to testify on the trial date. Submit all of the documents you need to prove your side of the case at the trial using Electronic Evidence Submission Electronic Evidence Submission . The court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, through Electronic Document Submission (JEDS) Electronic Document Submission (JEDS) system or by mail, or bring them to the trial. You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date. Be prepared to present records of any transactions that may help you prove your case. That could be Cancelled checks, money orders, sales receipts. Bills, contracts, estimates, leases. Letters. Photographs. Other documents proving your claim., Your day in court, Your court notice will tell you when you must attend the trial. Be prepared to present all witnesses and evidence needed to present your case. The court will help you try to settle your case through a settlement conference. A staff member will try to help the plaintiff and the defendant reach an agreement. If a settlement cannot be reached, your case likely will be heard by the judge This might happen on your court date, or on a later date., Settling your case before trial, If you are able to settle the case with the defendant before the trial date, call the Directory of Superior Court Special Civil Part Offices Special Civil Part Office right away to tell them that the case has been settled., User Feedback User Feedback, Filing for Return of Rental Deposit, How to Sue for Up To $5,000 in Small Claims Court Non-Motor Vehicle Case How to Sue for the Return of a Security Deposit up to $5,000, This kit has all of the forms and instructions for self-represented Litigants litigants to File file for the return of their rental security deposit. To see the return of more than $5,000, you must file a Special Civil case Special Civil case., Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you., 8 steps to file a small claims case, File the Small Claims Complaint (Contract, Security Deposit, Rent or Tort) - Appendix XI-C Small Claims Complaint with the court. Complete the Small Claims Summons and Return of Service - Appendix XI-A (2) Small Claims Summons . Include the current address of the person(s) or business you are suing. Attach the Court Fees filing fee or How to File for a Fee Waiver – All Courts request a fee waiver : One defendant: $35 Each additional defendant: $5 Check forms to make sure they are completed. Sign the forms. Make copies of all documents you will submit to the court and put them in a safe place., You must remove all , personal identifiers, personal identifiers , on the copies that you submit to the court. Keep those identifiers on the copies that you keep., , Upload the documents, into the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver – All Courts fee waiver request form if needed. You also can mail the complaint , the summons and the fee to the Directory of Superior Court Special Civil Part Offices county Superior Court where the person or business is. Certified mail is recommended. You will receive a postcard in the mail with your court date. If you cannot come to court on your assigned date, call the court right away. Your case might be dismissed if you do not appear for trial., Serving the papers on the defendant, Your case cannot move forward unless the defendant receives the complaint and summons from the court. The court will mail the complaint and summons to the defendant(s). NOTE: You must give the court the correct address for the defendant or your case cannot move forward., Preparing for trial, Both the plaintiff and defendant will be asked to give Testimony testimony at the trial. You can present witnesses. The court cannot accept written statements. You must have your witnesses available to testify on the trial date. Submit all of the documents you need to prove your side of the case at the trial using Electronic Evidence Submission Electronic Evidence Submission . The court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, through Electronic Document Submission (JEDS) Electronic Document Submission (JEDS) system or by mail, or bring them to the trial. You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date. Be prepared to present records of any transactions that may help you prove your case. That could be Cancelled checks, money orders, sales receipts. Bills, contracts, estimates, leases. Letters. Photographs. Other documents proving your claim., Your day in court, Your court notice will tell you when you must attend the trial. Be prepared to present all witnesses and evidence needed to present your case. The court will help you try to settle your case through a settlement conference. A staff member will try to help the plaintiff and the defendant reach an agreement. If a settlement cannot be reached, your case likely will be heard by the judge This might happen on your court date, or on a later date.., Settling your case before trial, If you are able to settle the case with the defendant before the trial date, call the Directory of Superior Court Special Civil Part Offices Special Civil Part Office right away to tell them that the case has been settled., Defending Yourself in Small Claims, Key things to know if you were served in a small claims lawsuit. You are the Defendant defendant in a lawsuit. You will receive a Summons summons from the court with the date and time to appear for trial. You must attend your trial on the date stated on the notice.. If you do not attend your trial, a money Judgment judgment may be entered against you. If you cannot attend your trial on the date you were given, you must call the number on the notice. You can ask for a new date., Do I need a lawyer to defend myself in a small claims case?, Small claims are simpler than other case types. Most people are able to File file and present their cases without an attorney., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Preparing for trial, Both the plaintiff and defendant will be asked to give Testimony testimony at the trial. You can present witnesses. The court cannot accept written statements. You must have your witnesses available to testify on the trial date. Submit all of the documents you need to prove your side of the case at the trial using Electronic Evidence Submission Electronic Evidence Submission . The court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, through Electronic Document Submission (JEDS) system Electronic Document Submission (JEDS) system or by mail, or bring them to the trial. You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date. Be prepared to present records of any transactions that may help you prove your case. That could be Cancelled checks, money orders, sales receipts. Bills, contracts, estimates, leases. Letters. Photographs. Other documents proving your claim., Your day in court, Your court notice will tell you when you must come to court. Bring all witnesses and evidence needed to present your case. The court will help you try to settle your case through a settlement conference. A staff member will try to help the plaintiff and the defendant reach an agreement. If a settlement cannot be reached, your case likely will be heard by the judge This might happen on your court date, or on a later date.., If the plaintiff does not appear, the judge could dismiss the case., If the defendant does not appear, the judge could enter a Default default judgment and the defending might have to pay all or part of the money claimed in the lawsuit., Filing Fees and Waivers, To sue one defendant $35 Each additional defendant $5 All checks must be made payable to Treasurer, State of NJ., Do you qualify for a fee waiver ?, You might not have to pay to file your case if your income and assets are low enough. Fill out the Fee Waiver form and give it to the court along with the required documents. You can apply for a fee waiver in any NJ state court: Supreme Court, Appellate Division, Superior Court and Tax Court. Fee Waiver Request and learn more about fee waivers ., Appealing Small Claims Case, Either Party party can appeal a decision in small claims court. You should consider whether the amount at stake in your case is worth the cost of filing an appeal., When to File file, The appeal must be filed in the Appellate Division of Superior Court , within 45 days of the court’s decision., Do I need a lawyer to file an appeal?, You do not have to have a lawyer to appeal your case. But the appeals process can be confusing. You will have to convince the appeals court that the judge made a mistake. It is a good idea to get a lawyer if you can., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Steps to file an appeal, File a Notice of Appeal. Request a Transcript transcript of your case from the Appellate Division. You must have the official transcript in order for your appeal to be considered. Complete a Case Information Statement. How to Appeal a Trial Court, Tax Court or State Agency Decision Appellate Division Use the How to File an Appeal self-help kit., Filing Fees, $250 must be submitted with the Notice of Appeal. This is the cost of the appeal. $300 must be submitted with to the clerk of the Appellate Division within 30 days of filing the Notice of Appeal. This will be refunded if you win your appeal. If you lose your appeal, the money can be used to pay settlement or court costs., Do you qualify for a Fee Waiver fee waiver ?, Did the small claims court waive your fee? If so, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed. How to File for a Fee Waiver - All Courts How to File for a Fee Waiver – All Courts If you did not receive a fee waiver in your small claims case, you can submit a How to File for a Fee Waiver - All Courts request for a fee waiver with your appeal ., Mail or bring your appeals documents to:, Submit documents to the court., Send copies of your appeals document to:, All parties in the case who appeared in court The local Superior Court office that handled your small claims case The judge who decided your small claims case, Keep a copy of each document for yourself., Preparing your appeal, You will need to Brief prepare a brief , which is a document that explains why your appeal should be granted., Questions about your appeal?, Call the , Appellate Division Clerk’s Office, 609-815-2950 ., Collecting Your Money, If you were awarded a judgment in small claims court, you are a judgment creditor . You should contact the person who owes you the money, the judgment debtor, to talk about payment., The court cannot guarantee payment, Although the court will try to help you collect the money owed to you, it cannot guarantee the debt will be paid., Fees and other costs for Writs writs of execution, The filing fee is $35. Other Costs: Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you. Mileage: You will be charged for the distance the special civil part officer has to travel from the county courthouse to the judgment debtor’s home or place of business. Service fee: $7 fee for the Special Civil Part Officer to deliver service of process (e.g., complaints, writs and wage executions) to defendant(s). Sales and Advertising: If the special civil part officer sells personal property to get the money you are owed, you might be charged for things like advertising the sale., Writ of Execution, Read our brochure on Collecting a Money Judgment How to Collect a Money Judgment, A writ of execution is a court document that gives a special civil part officer the right to collect money from a judgment debtor’s bank account or personal property. , Real estate cannot be used to collect money owed in the Special Civil Part., Seizing a motor vehicle, You must be able to show that the vehicle is registered in the debtor’s name. You will need either: A certified copy of the title, or A certified Lien lien search from the New Jersey Motor Vehicle Commission. The debtor might have an outstanding loan or debt on the car. You must determine if there is value or equity in the debtor’s car before you ask a special civil part officer to take it. Other items that could be used to satisfy a writ include: Office or sports equipment Household items Jewelry Clothing The debtor can keep $1,000 worth of personal property and clothing. If the debtor does not have more than $1,000 worth in personal property, this method cannot be used by the special civil part officer to satisfy your judgment and to collect the money owed to you., Bank levy (taking funds from a bank account), Use packet How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen How to File a Motion to Turn Over Funds . You can ask a special civil part officer to collect the money from the debtor’s bank account if the account is in New Jersey. Special civil part officers are not required to search for the debtor’s bank accounts. You must provide the name of the bank, the address and , no more than the last 4 digits of the account number, , if possible., Do not provide the Special Civil Part Office with the debtor’s entire active financial account number, . Provide it to the officer directly if necessary. After the money has been levied upon by the special civil part officer, it is considered frozen. You must then File file a Motion Motion to Turn over Funds with the court and serve a copy upon the debtor and the bank. If the court grants the motion, the judge will sign an order that the special civil part officer will deliver to the bank. The officer will take the money from the bank, deposit it into an official business trust account, and then mail a check to the creditor or creditor’s attorney by the 15th day of the following month., Execution against wages (Garnishing a debtor’s salary), Use packet How to Ask the Court to Order a Wage Execution in a Special Civil Part Case How to File a Wage Execution . The judgment creditor can request an execution against a person's wages if the debtor works in New Jersey and earns more than $217.50 per week. To request a wage execution, send a How to Ask the Court to Order a Wage Execution in a Special Civil Part Case Notice of Application for Wage Execution to the debtor by regular and certified mail. File a copy of the application and a statement of how you mailed the application to the debtor with the Office of the Special Civil Part in the county where the case was heard. If the debtor objects to the wage execution, a hearing will immediately be scheduled by the court. If the debtor does not object or the court does not allow the objection, the court will order a wage execution to be delivered to the debtor's employer by the special civil part officer. The employer will hold back a portion of the debtor's wages and will send this money directly to the officer. The officer will deduct a 10% commission and send the rest to you., If the money is not collected, If the debt is not collected within two years, the debtor can choose to: Request a new writ of execution from the court by following the same procedures you followed the first time in order to have the special civil officer keep trying to get the money; OR Request to have the judgment recorded as a lien against any real estate owned by the debtor. Once your judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until your debt is paid. To get a lien, a Statement for Docketing from the Directory of Superior Court Special Civil Part Offices Special Civil Part Office where the case was heard. You can send the Statement for Docketing, plus a $35 filing fee payable to Treasurer, State of New Jersey , to , Superior Court Clerk's Office, Richard J. Hughes Justice Complex P.O. Box 971 Trenton, New Jersey 08625-0971, Frequently Asked Questions, When to file an application for a fee waiver File your fee waiver request when you file your court case. Under RULE 1:5 - Service And Filing Of Papers Court Rule 1:5-6 , the court clerk cannot file your case unless the required fee is included. How Do I File a Complaint in Small Claims Court? A Small Claims complaint form and accompanying instructions, is available in any New Jersey Special Civil Part Office and is available on the Internet at njcourts.gov. The summons and complaint can be filed through the mail or in person at the appropriate Special Civil Part Office (See “Where Do I File a Complaint”). When filing a complaint, you, as the plaintiff, must: Give your full name, address and telephone number. To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) or business(es) named as the Glossary defendant (s) in the complaint. It is important that the defendant be properly identified as an individual, a sole proprietorship, a partnership or a corporation. State the amount of money for which you are suing. State the reason why the defendant(s) owes you money. State whether, at the present time, if there is any other case involving both you and the other party(ies) and, if so, the name of the court. Do not provide any party’s *“confidential and Personal Identifiers personal identifiers ” in the complaint or in any other submission to the court unless specifically required under law, court order, rule or administrative directive. Sign and date the completed form. Pay the correct filing and service fees when filing the complaint with the Office of the Special Civil Part. A “confidential personal identifier” is defined as a social security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number or active credit card number. You can provide the last 4 digits of a party’s active financial account if it is the subject of the lawsuit and cannot otherwise be identified. You can apply for a fee waiver even if you have a lawyer. You can still request a fee waiver if your attorney either works for Legal Services of New Jersey or an associated regional program; OR works for a public interest or legal services organization, law school clinic or pro bono program that has been certified for fee waiver status by the Supreme Court under Rule 1:21-11. Definitions and Certifications Regarding Pro Bono Practice Court Rule 1:21-11 . What Are the Filing Fees in Small Claims Court? The cost for filing a complaint in Small Claims is: $35 for one defendant. $5 for each additional defendant. Currently the fee is $10 for each defendant served by certified and regular mail. $10 fee for a Court Officer to personally reserve complaint. $12 fee for each additional defendant reserved by a Court Officer. Make a check or money order payable to the Treasurer, State of New Jersey. If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge. What Claims Are Typically Filed in Small Claims Court? Following is a general list of claims which can be filed in Small Claims: Breach of a written or oral contract. Return of money used as a down payment. Property damage caused by a motor vehicle accident. Damage to or loss of property Consumer complaints for defective merchandise or faulty workmanship. Payment for work performed. Claims based on bad checks. Claims for back rent. Return of a tenant's security deposit (Not to exceed $5,000 if suing for the defendant’s failure to return a tenant’s security deposit. Where Do I File a Complaint with Small Claims Court? A complaint must be filed in the Office of the Special Civil Part of the county where at least one defendant lives or where the defendant's business is located. A business defendant is considered located in a county wherever it is actually doing business or in the county where its registered office is located. If there is more than one defendant, the complaint can be filed in the county where any one of the defendants live or are located. If none of the defendants live or are located in New Jersey, the complaint must be filed in the county where the cause of the complaint occurred. A list of all of the Special Civil Part Offices, addresses and phone numbers in New Jersey is available on the Internet at njcourts.gov. Court filing and copy fees might be waived for litigants who Have income at or below 150% of the current poverty level (based on the number of people in the household); AND Have no more than $2,500 in liquid assets such as cash or bank accounts. Who May File a Complaint in Small Claims Court? To sue in Small Claims, a person must be 18 years of age or older. If the person suing is under the age of 18, the complaint must be filed by the parent or guardian., Glossary, Breach of Contract : A breach of contract is a failure to perform a promise that is a part of a written or oral contract. Brief : A brief is document submitted to the court to explain your side of the case. Certification : A certification is a written statement made to the court when you file papers, swearing that the information contained in the filed papers is true. Complaint : A complaint is a document in which you briefly tell the court the facts in your case and the relief you want the court to grant. Damages : The amount of money the plaintiff sues for in a lawsuit is called damages . Default : When the defendant does not appear for trial to respond to the complaint or does not file an answer, a judge could rule in the plaintiff's favor. This is called a default . Also, if the plaintiff does not appear for trial, the court could dismiss the plaintiff's case. Defendant : The defendant is the person or business against whom a case is filed. Fee waiver : The court does not charge a filing fee for litigants who can prove that their income is no more than 150% of the current poverty level and that they have no more than $2,500 in cash and bank accounts. File : To file means to give the correct forms and fee to the court to begin the court’s consideration of your request. Judgment : A judgment is the official decision of a court in a case. Judgment creditor : A person who is owed money as a result of a court order. Judgment debtor : A person who owes money as a result of a court order. Lien : A lien is the legal right of a creditor to claim a debtor’s property until a debt is paid. Litigant : A litigant is person in a court case, either suing or being sued. Motion : A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order : An order is a signed paper from the judge telling someone they must do something. Party : A party is a person, business or governmental agency involved in a court action. Personal Identifier : A personal identifier is any personal information that is unique to an individual, including Social Security number, military status, driver’s license number, license plate number, insurance policy number, active bank account and credit card numbers. This information could be used to steal someone’s identity or their money. All documents filed with the court are available for public inspection. , Therefore no personal identifiers should be included on documents filed with the court, Plaintiff : The plaintiff is the party who starts the lawsuit. Redact : To redact is to remove or to hide parts of a written document. Return Date : The return date is the date the plaintiff and defendant are told to appear in court. Service of Process : Service of Process is the official delivery of the papers to the other party. Summons : A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. Testimony : A testimony is a formal statement given in a court of law. Tort : A tort is an act or failure to act that causes an injury or harm to another that forms the basis of a lawsuit for damages. Transcript : A transcript is a written record of everything that was said during a court hearing. Writ : A writ is an document issued by a court that orders a person, business or organization to do something.
- Lawsuits $20,000 or less (Special Civil), Lawsuits for amounts up to $20,000 are called special civil cases. They are filed in Superior Court, in the special civil part of the civil division., On This Page, Essential Forms, The following forms are used to begin a case: CN Title 10542 How to Answer a Complaint in the Special Civil Part 10914 How To Request a Default Judgment in the Superior Court Of New Jersey - Special Civil Part (Small Claims and Regular Special Civil Part Cases) 10915 How to File a Motion to Dismiss the Complaint or to Strike the Answer for Failure to Answer Interrogatories in the Special Civil Part 12302 Special Civil Answer and Counterclaim, Cross-claim, Third Party Complaint - Appendix XI-Z 10541 How to Sue for an Amount of Money up to $20,000 11968 How to Answer a Complaint in the Special Civil Part with a Counterclaim, Cross-claim and/or Third Party Complaint These forms are used after a judgment is entered to help collect money: CN Title 10282 Collecting a Money Judgment - brochure 10546 How to Get Financial Information About Someone Who Owes You Money (Motion to Enforce Litigant’s Rights) 10548 How to Ask the Court to Order a Wage Execution in a Special Civil Part Case 11235 Writ of Wage Execution - Appendix XII-E 11236 Notice of Application for Wage Execution - Appendix XI-I 11711 How to Complete the Request for a Writ of Execution 11840 Information Subpoena - Appendix XI-L Use these from to defend yourself against collection: CN Title 12322 How to Object to a Wage Garnishment in a Special Civil Part Case 12323 How to Object to a Bank Account Levy in a Special Civil Part Case 10543 How to File a Motion in the Special Civil Part Examples: A person or company failed to comply with a written or oral contract. Your car was damaged in an accident. You paid money as a down payment and want it returned. Your property was damaged or lost. Merchandise you bought is defective. Work you paid for was faulty or not completed. You want to be paid for work you did. Someone wrote you a bad check. You gave a landlord a security deposit that was not returned. Cases not eligible: Malpractice claims against doctors, dentists, lawyers, or other professionals Claims for child support or alimony Cases involving wills and inheritance Claims seeking anything other than money from the Defendant defendant, Do I need a lawyer to file a lawsuit in the Special Civil Part?, The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services. Legal Services of New Jersey maintains a directory of regional legal services offices. regional legal services offices. The NJ State Bar Association also maintains a list of county referral services list of county referral services that might be helpful., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Filing a Special Civil Suit, How to Sue for an Amount of Money Up To $15,000 How to sue for an amount of money up to $20,000, This kit has all of the forms and instructions for self-represented litigants to file a special civil case for money Damages damages, Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must filed the case for you., 9 steps to file a special civil case, Complete the Special Civil Part complaint (Form A in the Kit). Complete the top part only of Special Civil Part Summons (Form B in the Kit). Do not include personal identifiers such as social security numbers on the copy of the documents that you file with the court. Complete the forms, make a copy, and then Redact redact or black out the Personal Identifiers personal identifiers on the copies you will submit to the court. Include the current address of the person you are suing. Attach the Filing Fee filing fee or request a Fee Waivers fee waiver: Suing one defendant up to $5,000: $ 50 Suing one defendant for more than $5,000: $ 75 Each additional defendant: $ 5 Mail service fee for each defendant: $ 10 If requesting a jury trial: $100 Checks should be made payable to “Treasurer, State of NJ” Check forms to make sure they are complete. Sign the forms. Make copies of all of the documents you will submit to the court and put them in a safe place. , Check that you have redacted the personal identifiers on the copies you prepare for court, . , Upload the documents, into the Judiciary Electronic Document Submission (JEDS) system Judiciary Electronic Document Submission (JEDS) system . You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver - All Courts fee waiver request form if needed. You also can mail the complaint , the summons and the fee to the Directory of Superior Court Special Civil Part Offices county Superior Court where the person or business is. Certified mail is recommended. The defendant can file a written Answer answer to the court within 35 days of getting the court summons. If the defendant files an answer, the court will send you a notice with a date to appear in court. If the defendant does not file an answer, you might be entitled to a Default Judgment default judgment Contact the court if you cannot come to court on your assigned date. Your case might be dismissed if you do not appear for trial., Serving the papers on the defendant, Your case cannot move forward unless the defendant receives the complaint and summons from the court. The court will mail the complaint and summons to the defendant(s). The defendant must then How to Answer a Complaint in the Special Civil Part file an answer. NOTE: You must give the court the correct address for the defendant or your case can not move forward., Defending yourself in a suit, If you are being sued in a special civil case You are the Defendant defendant in a lawsuit. You must file an Answer answer with the court. If you do not file an answer, a money Judgment judgment might be entered against you. You will receive a Summons summons from the court with the date and time to attend your trial. You must attend your trial on the date stated on the notice. If you do not attend your trial, a money judgment might be entered against you. If you cannot attend your trial on the date you were given, you must call the number on the notice or contact the Directory of Superior Court Special Civil Part Offices Special Civil Part office where the case was filed to ask for a new date., Do I need a lawyer to defend myself in a Special Civil Case?, The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services. Legal Services of New Jersey has a list of Regional legal services offices. regional legal services offices. The NJ State Bar Association has a list of NJ NJ list of county referral services list of county referral services that might be helpful. Corporations, limited liability corporations and limited partnerships must be represented by an attorney if the lawsuit is more than $5000., Do not ignore the summons, . Even if you do not have a lawyer, it is better to try to defend yourself in court than to ignore the summons., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge. How to Answer a Complaint in the Special Civil Part How to file an answer in the Special Civil Part. Defendants must file a written Answer answer to the complaint within 35 days of the date shown on the summons. Each defendant must file a separate answer. If you have evidence showing that you do not owe the amount claimed, such as receipts, attach copies of those papers to every copy of your answer. Keep copies of all the original documents and bring them to the trial. You also can choose to file a Counterclaim counterclaim, cross-claim or want to file a third-party complaint, 6 Steps for filing an answer to a lawsuit in the Special Civil Part, Complete the answer form and write your explanation why you think you do not owe the money that the person suing you is asking for. Do not include Personal Identifiers personal identifiers such as social security numbers on the documents filed with the court. Complete the forms, make a copy, and then Redact redact the personal identifiers on the copies you will submit to the court. Attach the filing fee of $30. Pay by credit card (for filings made through JEDS JEDS), use a check or a money order payable to "Treasurer, State of NJ." Check to make sure forms are completed and signed. Make copies of all documents you submit to the court and put them in a safe place. , Check that you have redacted the personal identifiers on the copies you prepare for court., Upload the documents, into the Judiciary Electronic Document Submission (JEDS) system Judiciary Electronic Document Submission (JEDS) system . You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver – All Courts fee waiver request form if needed. You also can mail the documents to the Directory of Superior Court Special Civil Part Offices county Superior Court where the person or business is. Certified mail is recommended. You must also mail or bring your answer to the plaintiff and to any other parties in the case. If any party is represented by an attorney, send the information to the attorney instead. You will get a notice with a date to attend the trial.. Contact the court if you cannot attend the trial on your assigned date due to circumstances beyond your control. If you do not attend the trial, the court might find you in default and a money Judgment judgment might be entered against you. You might receive a list of questions, called Interrogatories interrogatories , from the plaintiff. You must answer the questions and return them to the plaintiff within 30 days. Read more about preparing for trial. Read more about preparing for trial., Filing Fees and Fee Waiver, Suing one Defendant defendant up to $5000: $50 Suing one defendant for more than $5000: $75 Each additional defendant: $5 All checks must be made payable to Treasurer, State of NJ, Do you qualify for a fee waiver?, You might not have to pay to file your cases if your income and assets are low enough. Fill out the Fee Waiver form and give it to the court along with the required documents. You can apply for a fee waiver in any NJ state court: Supreme Court, Appellate Division, Superior Court and Tax Court. How to File for a Fee Waiver - All Courts Request and learn more about fee waivers ., Preparing for Trial, Watch the video on preparing for trial before you come to court. Both the plaintiff and defendant will be asked to give Testimony testimony at the trial. You can present witnesses. The court cannot accept written statements. You must have your witness available to testify on the trial date. Submit all of the documents you need to prove your side of the case at the trial using Electronic Evidence Submission Electronic Evidence Submission The court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, through Electronic Evidence Submission Electronic Evidence Submission or by mail, or bring them to the trial. You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date. Be prepared to present records of any transactions that may help you prove your case. That could be Cancelled checks, money orders, sales receipts Bills, contracts, estimates, leases Letters Photographs Other documents proving your claim, Interrogatories, The parties in a court case are able to ask each other for information about the evidence they will use at trial. The questions are called Interrogatories interrogatories. The interrogatories are sent directly to the other party and not to the court. If there is more than one defendant in a case, separate interrogatories can be sent to each of them., Deadlines, Plaintiff, :, You have 30 days after receiving a defendant’s answer to send your interrogatories to that defendant. If you are suing for personal injury or automobile negligence, you must demand interrogatories in the complaint., Defendant, : You have 30 days after receiving a copy of the complaint to send your interrogatories to the plaintiff., All parties, : Whether you are a plaintiff or a defendant, all interrogatories must be answered within 30 days of when you received them. If you do not return your answers to the other parties within 30 days, the court might rule against you by suppressing your answer. If you miss the deadline, your filing is “stricken,” or removed, from the court record. You must pay a $25 fee within 30 days to have the case reinstated and your filing accepted. After 30 days, the restoration fee goes up to $75. After 45 days, the court might make the suppression order final, and then you will lose the case. Special Civil Part Interrogatories - Model Questions for Contract and Debt Collection Cases Where the Demand Exceeds $3,000 Use this kit for interrogatories for contract and debt collection cases over $5,000. How to Sue for Up To $5,000 in Small Claims Court Motor Vehicle Case Use these instructions if your case involves an auto accident or personal injury., Settlements, The court will ask that you try to settle your case so that you can avoid a trial. You might also want to contact the other party, or the other party’s lawyer, to talk about settling the case., Your day in court, The Plainiff plaintiff and the Defandant defendant must attend the trial at the time at the time and date stated on the summons, unless otherwise notified by the court. Be prepared to present all witnesses and evidence needed to present your case. On the day scheduled for trial, the court will help you try to settle your case through a settlement conference with a trained neutral third person. This person will try to help the plaintiff and the defendant reach an agreement. The neutral third person is not a judge. If a settlement cannot be reached, your case likely will be heard by the judge on the same day., If the plaintiff does not appear, the judge could dismiss the case., If the defendant does not appear, the judge could enter a , Default, default , judgment and the defendant might have to pay all or part of the money claimed in the lawsuit., Appealing a Special Civil Case, Either Party party can Appeal appeal a decision in Special Civil court. You should consider whether the amount at stake in your case is worth the cost of filing an appeal., When to File file, The appeal must be filed in the Appellate Division of Superior Court , within 45 days of the court’s decision., Do I need a lawyer to file an appeal?, You do not have to have a lawyer to appeal your case. But the appeals process can be confusing. You will have to convince the appeals court that the judge made a mistake. It is a good idea to get a lawyer if you can., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Steps to file an appeal, File a Notice of Appeal. Request a transcript [link forthcoming] of your case from the Appellate Division. You must have the official transcript in order for your appeal to be considered. Complete a Case Information Statement. Appellate Division Practice Checklist Use the Appellate Division Practice Checklist, Filing Fees, $250 must be submitted with the Notice of Appeal. This is the cost of the appeal., Do you qualify for a Fee Waiver fee waiver?, Did the special civil court waive your fee? If so, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed. How to File for a Fee Waiver – All Courts Use the Certified Statement in Support of a Motion to Proceed as an Indigent If you did not receive a fee waiver in your small claims case, you can submit a How to File for a Fee Waiver – All Courts request for a fee waiver with your appeal ., Mail or bring your appeals documents to:, Appellate Division Clerk’s Office, Richard J. Hughes Justice Complex P.O. Box 006 Trenton, New Jersey 08625-0970, Send copies of your appeals document to:, All parties in the case who appeared in court The local Directory of Superior Court Special Civil Part Offices Special Civil Part office that handled your special civil case The Judge's Chambers Listing judge who decided your special civil case, Keep a copy of each document for yourself., Preparing your appeal You will need to prepare a Brief brief , which is a document that explains why your appeal should be granted. Questions about your appeal? Call the , Appellate Division Clerk’s Office, at 609-815-2950 ., Collecting Your Money, If you were awarded a Judgment judgment in Special Civil part, you are a Judgment Creditor judgment creditor . You should contact the person who owes you the money, the Judgment Debtor judgment debtor, to talk about payment., The court cannot guarantee payment, Although the court will try to help you collect the money owed to you, it cannot guarantee the debt will be paid., Fees and other costs for Writs writs of execution, The filing fee is $35., Other Costs:, Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you. Service fee: $7 fee for the Special Civil Part Officer to deliver service of process (e.g., complaints, writs and wage executions) to defendant(s). Sales and Advertising: If the special civil part officer sells personal property to get the money you are owed, you might be charged for things like advertising the sale., Writ of Execution, Read our brochure, on Collecting a Money Judgment How to Collect a Money Judgment A writ of execution is a court document that gives a special civil part officer the right to collect money from a judgment debtor’s bank account or personal property. , Real estate cannot be used to collect money owed in the Special Civil Part., Seizing a motor vehicle, You must be able to show that the vehicle is registered in the debtor’s name. You will need either: A certified of the title, or A certified Lien Glossary lien search from the New Jersey Motor Vehicle Commission. The debtor might have an outstanding loan or debt on the car. You must determine if there is value or equity in the debtor’s car before you ask a special civil part officer to take it. Other items that could be used to satisfy a writ include: Office or sports equipment Household items Jewelry Clothing The debtor can keep $1,000 worth of personal property and clothing. If the debtor does not have more than $1,000 worth of personal property, this method cannot be used by the special civil part officer to satisfy your judgment and to collect the money owed to you., Bank levy (taking funds from a bank account), Use packet, How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen How to File a Motion to Turn Over Funds You can ask a special civil part officer to collect the money from the debtor’s bank account if the account is in New Jersey. Special civil part officers are not required to search for the debtor’s bank accounts. You must provide the name of the bank, the address and , no more than the last 4 digits of the account number, , if possible. , Do not provide the Special Civil Part Office with the debtor’s entire active financial account number, . Provide it to the officer directly if necessary. After the money has been levied upon by the special civil part officer, it is considered frozen. You must then File file a Motion Motion to Turn over Funds with the court and serve a copy upon the debtor and the bank. If the court grants the motion, the judge will sign an order that the special civil part officer will deliver to the bank. The officer will take the money from the bank, deposit it into an official business trust account, and then mail a check to the creditor or creditor’s attorney by the 15th day of the following month., Execution against wages (garnishing a debtor’s salary), Use packet, How to Ask the Court to Order a Wage Execution in a Special Civil Part Case How to File a Wage Execution The judgment creditor can request an execution against a person's wages if the debtor works in New Jersey and earns more than $217.50 per week. To request a wage execution, send a How to Ask the Court to Order a Wage Execution in a Special Civil Part Case Notice of Application for Wage Execution to the debtor by regular and certified mail. File a copy of the application and a statement of how you mailed the application to the debtor with the Office of the Special Civil Part in the county where the case was heard. If the debtor objects to the wage execution, a hearing will be immediately scheduled by the court. If the debtor does not object or the court does not allow the objection, the court will order a wage execution to be delivered to the debtor's employer by the special civil part officer. The employer will hold back a portion of the debtor's wages and will send this money directly to the officer. The officer will deduct a 10 percent commission and send the rest to you., If the money is not collected, Writs for wage executions can last for 20 years, but other writs expire in two year. After two years, the debtor can choose to: Request a new writ of execution from the court by following the same procedures used the first time in order to have the special civil officer keep trying to get the money; OR Request to have the judgment recorded as a lien against any real estate owned by the debtor. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid. To get a lien, a Statement for Docketing from the Directory of Superior Court Special Civil Part Offices Special Civil Part Office where the case was heard. You can send the Statement for Docketing, plus a $35 filing fee payable to Treasurer, State of New Jersey , to, Appellate Division Clerk’s Office, Richard J. Hughes Justice Complex P.O. Box 006 Trenton, New Jersey 08625-0970, Frequently Asked Questions, What Happens on the Day Of Trial in Special Civil? The defendant and the plaintiff must come to court at the time and date stated on the trial notice, unless otherwise notified by the court. Bring all witnesses and evidence needed to present your case. On the day scheduled for trial, the court may help you settle your case through mediation with a trained mediator or a settlement conference with a neutral third person. This person will try to help the plaintiff and the defendant reach a satisfactory agreement. The mediator or neutral third person is not a judge. If a settlement cannot be reached, every effort will be made to have your case tried by the judge on the same day. If you win your case and need information on how to collect your judgment, you can find that information in our brochure entitled “ Collecting a Money Judgment - brochure Collecting a Money Judgment .” This brochure is available in any New Jersey Special Civil Part Office as well as on the Internet at Collecting a Money Judgment - brochure njcourts.gov . What Claims Are Typically Filed in Special Civil Part? Following is a general list of claims that may be filed in Special Civil: Breach of a written or oral contract. Return of money used as a down payment. Property damage caused by a motor vehicle accident. Damage to or loss of property. Consumer complaints for defective merchandise or faulty workmanship. Payment for work performed. Claims based on bad checks Return of a tenant’s security deposit. What Is the Fee for Filing a Complaint with Special Civil? The costs for filing a complaint in Special Civil are: $50 for a complaint where the amount claimed is $5,000 or less. $75 for a complaint where the amount claimed is more than $5,000. $5 for each additional defendant. The fee is $10 for each defendant served by certified and regular mail. $10 fee for a Court Officer to personally reserve complaint. $12 fee for each additional defendant reserved by a Court Officer. Make a check or money order payable to the Treasurer, State of New Jersey. An additional $100 fee is required for requests for a jury trial by six jurors. If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge. Can I Appeal a Special Civil Court? If you, as a plaintiff or as a defendant, disagree with the court's decision, you may appeal the case to the Appellate Division of the Superior Court within 45 days from the date when the final decision is rendered. (The information is available on How to Appeal a Trial Court, Tax Court or State Agency Decision njcourts.gov ) You must file a Notice of Appeal, a copy of the Request for Transcript and a Case Information Statement within the 45 days with the Clerk of the Appellate Division (located at the Hughes Justice Complex, Trenton) and deliver copies to: All parties to the case who appeared in court. The Office of the Special Civil Part from which the appeal is taken. The judge who decided the case. You must pay a filing fee of $250 with the Notice of Appeal and deposit $300 with the Clerk of the Appellate Division within 30 days of the Notice of Appeal. This deposit may be used to pay settlement or court costs if the appeal is lost. If the appeal is successful, the deposit will be refunded. You also must obtain a transcript (a copy of the record of what happened in court) of the trial. The request for a transcript should be made to the Office of the Special Civil Part in the county in which the case was tried. You must deposit with the Clerk the estimated cost of the transcript (as determined by the court reporter, Clerk or agency preparing it) or $300 for each day or part of a day of the trial. You must file three copies of the transcript with the, Appellate Division Clerk’s Office, . Questions concerning an appeal should be directed to the, Appellate Division Clerk’s Office, at 609-815-2950 or to an attorney. What Claims Cannot Be Filed in Special Civil Part? Claims arising from professional malpractice (for example, alleged malpractice by a doctor, dentist or lawyer). Claims for support or alimony from a marital or domestic dispute. Claims arising from a probate matter. Please remember that if you believe you are entitled to damages greater than $20,000, but still wish to sue in Special Civil, you give up your right to recover damages over $20,000. The additional money, cannot, be claimed later in a separate lawsuit. Can I File an Answer to a Complaint with Special Civil? If you have been named as a defendant in a case, you must file a written answer to the complaint with the Office of the Special Civil Part in the county in which the complaint was filed within the number of days stated in the summons (35 days). You also must hand deliver, or send by regular mail, a copy of this answer to the plaintiff's attorney or send it by regular and certified mail to the plaintiff if they do not have an attorney. An answer packet for self-represented litigants, with accompanying instructions, is available in any New Jersey Special Civil Part Office and is available on the Internet at How to Answer a Complaint in the Special Civil Part njcourts.gov. If you believe that the plaintiff owes you money, you must add a counterclaim to the answer. If you believe that someone else named as a defendant in the complaint owes the money, you must add to the answer a cross-claim against that defendant. Finally, if you believe that a party not named in the complaint owes the money, you must add a third-party complaint to the answer. When filing an answer, be sure to give the following information: The docket number and caption of the case which appears on the complaint. Your full name, address and telephone number. The correct name(s) and address(es) of the plaintiff(s). The reason(s) you are disputing the plaintiff's claim. Include the amount of money for which you are suing, if you are including a counterclaim, cross-claim or third-party complaint with your answer. Do not provide any party’s “ confidential and personal identifiers”* in the answer or in any other submission to the court unless specifically required under law, court order, rule or administrative directive. You must complete the summons form if you are filing an answer, that includes a third-party complaint, (a new party is being added to the lawsuit by you). You must also pay the applicable service fees, as the court is required to serve the answer and third party complaint, on your behalf, upon the new party(ies) that you are adding to the lawsuit. You also must sign the answer, and pay the correct fling fees, when filing the answer with the Office of the Special Civil Part. If you do not respond to the complaint in writing within the number of days listed on the summons, a "judgment by default" may be entered against you. Through a judgment by default, the court decides the amount of money, if any, to be awarded to the plaintiff because you did not answer the complaint in time. If you have answered the complaint on time, the court will notify you by mail of the trial date. * A “ confidential personal identifier ” is defined as a social security number, driver’s license number, vehicle plate number, insurance policy number,, active, financial account number or, active, credit card number. You can provide the last 4 digits of a party’s, active, financial account if it is the subject of the lawsuit and cannot otherwise be identified. Where Do I File a Complaint with Special Civil? A complaint must be filed in the Office of the Special Civil Part in the county where at least one defendant lives or where the defendant's business is located. A business defendant is considered located in a county wherever it is actually doing business or in the county where its registered office is located. If there is more than one defendant, the complaint can be filed in the county where any of the defendants live or is located. If none of the defendants live or are located in New Jersey, the complaint must be filed in the county where the cause of the complaint occurred. A list of all of the Special Civil Part Offices, addresses and phone numbers in New Jersey is available on the Internet at Directory of Superior Court Special Civil Part Offices njcourts.gov . What Is the Fee for Filing an Answer in Special Civil? $30 for an answer. $50 for an answer with a counterclaim, cross-claim or third-party complaint where the amount is $5,000 or less. $75 for an answer with a counterclaim, cross-claim or third-party complaint where the amount is more than $5,000. Note: The Clerk will also charge an additional fee for serving the third-party complaint upon the new party(ies) that you are adding to the lawsuit. If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge. Who May File a Complaint with Special Civil? To sue in the Special Civil Part, a person must be 18 years of age or older. If the person suing is under the age of 18, the claim must be filed by a parent or guardian. A plaintiff or defendant that is a corporation, partnership, (any business entity other than sole proprietors) must be represented by an attorney when the claim is greater than $5,000. An officer, trustee, director, agent or employee of a corporation may present or defend against a claim of $5,000 or less. How Do I Prepare for Trial in Special Civil?, Interrogatories, The Rules of Court provide for an exchange of information by the parties. Whether you are the plaintiff or the defendant, questions from the opposing party, called "interrogatories," must be answered within 30 days from the date you receive them., Plaintiff, If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if made under oath, cannot be used in court. . Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance. Bring to court records of any transactions that may help you prove your case. Such records may include: Cancelled checks, money orders, sales receipts. Bills, contracts, estimates, leases. Letters. Photographs. Other documents proving your claim. If you are able to settle the case with the defendant before the trial date, call the Special Civil Part Clerk's Office immediately to confirm that the case should be marked settled., Defendant, If you are the defendant, you should prepare your side of the case as the plaintiff prepared his or her case. Bring all necessary witnesses and documents to court with you on the scheduled trial date. You must come to court at the time and date shown on the trial notice. If you do not, a default judgment may be entered against you and you may have to pay the money the plaintiff says you owe. If you are able to settle the case with the plaintiff before the trial date, call the court immediately to confirm that the case should be marked settled. What Is the Special Civil Part? Special Civil is a court in which you may sue a person or a business (the defendant) to collect an amount of money up to $20,000 that you believe is owed to you. If your claim is $5,000 or less, you may sue in the Small Claims Section. This segment on Special Civil explains how to file a complaint, answer a complaint, file an appeal and gives general information about Special Civil. It is not intended to provide or take the place of legal advice or to answer every question you have about this court. For legal advice about your rights, you should contact a lawyer. If you do not have a lawyer, you may contact the Lawyers' Referral Service of your County Bar Association. If you cannot afford a lawyer, you may contact the Legal Services Program in your county to see if you are eligible for free legal services. Special Civil is one of three sections within the Special Civil Part Court. The other two sections are Landlord Tenant and Small Claims. Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court. If you believe you are entitled to damages greater than $20,000, but still wish to sue in Special Civil, you give up your right to recover damages over $20,000. The additional money cannot be claimed later in a separate lawsuit How Do I File a Complaint with Special Civil? A Special Civil complaint form and accompanying instructions is available in any New Jersey Special Civil Part Office and is available on the Internet at How to Sue for an Amount of Money Up To $20,000 njcourts.gov . The summons and complaint can be filed through the mail or in person at the appropriate Special Civil Part Office (See “ Where Do I File a Complaint With Special Civil? Where Do I File a Complaint? ” Question). When filing a complaint, you, as the plaintiff, must: Give your full name, address and telephone number. To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) or business(es) named as the defendant(s) in the complaint. It is important that the defendant(s) be properly identified as an individual, a sole proprietorship, a partnership or a corporation. State the amount of money for which you are suing. State the reason why the defendant(s) owes you money. State whether there is, at this time, another case involving both you and the other party(ies) and, if so, the name of the court. Do not provide any party’s *“ confidential and personal identifiers ” in the complaint or in any other submission to the court unless specifically required under law, court order, rule or administrative directive. Sign and date the completed form. Pay the correct filing and service fees when filing the complaint with the Office of the Special Civil Part. * A “confidential personal identifier” is defined as a social security number, driver’s license number, vehicle plate number, insurance policy number,, active, financial account number or, active, credit card number . You can provide the last 4 digits of a party’s, active, financial account if it is the subject of the lawsuit and cannot otherwise be identified. After you have filed a complaint, a trial date will not be set unless the defendant files an answer in writing, along with the proper fees, to the Office of the Special Civil Part within 35 days from the date the complaint was served upon that defendant. If the defendant responds in writing within the 35 days, a trial date will be scheduled. All parties will be notified by the court. If a defendant does not respond within the 35 days, the Court will enter a default. The plaintiff can apply to the Special Civil Part Office for the entry of a “judgment by default” within 6 months from the date that default was entered. After this six month period, they must file a motion in order to obtain the judgment by default. Through a judgment by default request, the court decides the amount of money, if any, to be awarded to a plaintiff because the defendant did not answer the complaint in time or come to court. You are required to submit an affidavit and other documents verifying the amount of your claim and prove to the Court that the individual defendant is not an active member of the U.S. military. Proof of military service does not apply to business defendants. A hearing may be held in court to allow you to prove your claim where the amount you claimed cannot be proved from your documents. A packet for self-represented litigants on how to apply for a default judgment is available in any New Jersey Special Civil Part Office and is available on the Internet at How to Request a Default Judgment njcourts.gov . If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay more than $500, the defendant must pay within 60 days. If the defendant does not pay within the 60 days, the plaintiff may request, through the Office of the Special Civil Part, that the Motor Vehicle Commission stop the defendant's driving privileges until the judgment is paid. There is no fee for this request., Glossary, Answer : An Answer is a written response that explains why the defendant thinks they do not owe the money to the plaintiff in a court case. Appeal : An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision. Breach of Contract : A breach of contract is a failure to perform a promise that is a part of a written or oral contract. Brief : A brief is document submitted to the court to explain your side of the case. Certification : A certification is a written statement made to the court when you file papers, swearing that the information contained in the filed papers is true. Complaint : A complaint is a document in which you briefly tell the court the facts in your case and the relief you want the court to grant. Counterclaim : A Counterclaim is a claim added to defendant’s answer which asserts an affirmative claim for damages against the plaintiff. Damages : The amount of money the plaintiff sues for in a lawsuit is called damages . Default : When the defendant does not appear for trial to respond to the complaint or does not file an answer, a judge could rule in the plaintiff's favor. This is called a default . Also, if the plaintiff does not appear for trial, the court could dismiss the plaintiff's case. Defendant : The defendant is the person or business against whom a case is filed. Fee waiver : The court does not charge a filing fee for litigants who can prove that their income is no more than 150% of the current poverty level and that they have no more than $2,500 in cash and bank accounts. File : To file means to give the correct forms and fee to the court. Interrogatories : Interrogatories are written questions to the other party or parties in a lawsuit whose purpose is to get information that can be used at trial. Judgment : A judgment is the official decision of a court in a case. Judgment creditor : A person who is owed money as a result of a court order. Judgment debtor : A person who owes money as a result of a court order. Lien : A lien is the legal right of a creditor to claim a debtor’s property until a debt is paid. Litigant : A litigant is party in a court case, either suing or being sued. Motion : A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order : An order is a signed paper from the judge telling someone they must do something. Party : A party is a person, business or governmental agency involved in a court action. Personal Identifier : A personal identifier is any personal information that is unique to an individual, including Social Security number, military status, driver’s license number, license plate number, insurance policy number, active bank account and credit card numbers. This information could be used to steal someone’s identity or their money. All documents filed with the court are available for public inspection. , Therefore no personal identifiers should be included on documents filed with the court, Plaintiff : The plaintiff is the person who starts the lawsuit by filing the complaint. Proof Hearing : the judge or court can direct the plaintiff to submit written documents or tell their story in a proof hearing to support or prove the how much the defendant owes. Redact : To redact is to remove or to hide parts of a written document. Return Date : The return date is the date the plaintiff and defendant are told to appear in court. Service : Service is mailing or delivering copies of your papers to the lawyer for the other party or to the other party directly if they have no lawyer. Service of Process : Service of Process is the official delivery of the papers to the other party. Summons : A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. Testimony : Testimony is an oral statement given by a witness at a trial or hearing. Tort : A tort is an act or failure to act that causes an injury or harm to another that forms the basis of a lawsuit for damages. Transcript : A transcript is a written record of everything that was said during a court hearing. Writ : A writ is a document issued by a court that orders a person, or organization to do something.
- Domestic Violence, People dealing with domestic violence can file a restraining order. Some restraining orders include child custody. Discover additional resources to help you get out of a domestic violence situation., On This Page, Body, Who can get a restraining order?, If you are a victim of domestic violence, you can apply if: You are 18 years of age or older, or you are an emancipated minor (a person under 18 years who is married, in the military, has a child, is pregnant or has been legally declared an adult by a court) and are a victim who has experienced domestic violence by: Spouse, Former Spouse, or Any other person who is a present household member or was at any time a household member, OR Or regardless of your age, you have experienced domestic violence by: Someone you have a child with, Someone you are expecting a child with, or if either of you are pregnant, Someone you have had a dating relationship with., How to apply for a restraining order, You can apply in-person, or, by phone in the county where you live, where the person you are applying against lives, where the domestic violence incident took place, or where you are staying. Offices are open every weekday from 8:30 a.m. - 4:30 p.m. If it is the weekend, evening, holiday, or the courts are closed, go to your local police department to file a complaint., In-person, Visit the Domestic Violence Unit at the courthouse in your county., By Phone:, Call the Family Division of the Superior Court during business hours. Each county has a Temporary Restraining Orders - County Phone Numbers phone number for you to call. If they cannot answer right away, the voicemail will tell you to call 9-1-1 if it is an emergency. If you want to proceed, you may leave your name, number, and the best time for them to contact you., Step 1: Apply for a Temporary Restraining Order (TRO), At the courthouse, a staff person will sit with you and fill out an application. Then, you will go before a hearing officer or judge who will listen to you and decide whether to grant a TRO. The other party will not be present in the hearing. If you apply at a police station, the police will contact a judge to decide whether to give you a TRO. If the court issues a TRO, you will get a copy, and the court will send a copy to the police to give to the other party. Another hearing will be scheduled within ten days. The other party can ask for an earlier court date. If that happens, you will be contacted. At any time, you can ask to talk to a domestic violence advocate who can help you with the court process and safety planning. County Phone Numbers Temporary Restraining Orders Contact list for TRP by county., Step 2: Go To The Final Restraining Order (FRO) Hearing, Review the Preparing for a Domestic Violence Final Restraining Order Hearing Preparing for Domestic Violence FRO Hearing. You must appear at the hearing for the FRO. The other party will be present and has the right to hire a lawyer. You do not need a lawyer, but you can hire one if you choose. The court does not provide lawyers for these cases. If you want a lawyer, you can contact the Lawyer Referral Service or Legal Services of New Jersey. If the other party does not appear and there is proof they were given the order, the judge can still hear the case. If the other party did not get the order, the court will reschedule the hearing. If you and the other party appear, the court will hear both sides and make a decision In addition to protection, the order also could address custody, child support, parenting time (visitation) and other issues. In New Jersey, a Final Restraining Order (FRO) is permanent. It continues forever unless changed by the court., Child Support and Custody, You can request custody and child support as a part of a restraining order. Court staff will provide a safe and confidential environment to you when seeking custody or child support from an abuser. The location when you are staying can remain confidential. If a child support order already exists, that order will remain in full effect during the proceedings for the restraining order. A victim can also request that an existing child support order be modified during the hearing for the final restraining order. Go to the New Jersey Child Support website New Jersey Child Support website ., Amending a Domestic Violence Complaint, You can file an How to File an Amended Domestic Violence Complaint amended domestic violence complaint if you want to provide additional information about the domestic violence that took place. You can also provide details about additional acts of domestic violence that took place after the first complaint was filed. , Resources for Victims, Isolation is one of the most significant factors that leads to an increase in domestic violence and safety risks. Don’t let social distancing mean social isolation. If you are - or someone you know is – living in fear of intimate partner violence, call the Domestic Violence 1-800-572-7233 1-800-572-7233 ., Additional Resources, County Phone Numbers for Temporary Restraining Orders County Phone Numbers for Temporary Restraining Orders DV Remote Hearing Instruction Sheet for Litigants Domestic Violence Remote Hearing Instruction Sheet for Litigants Frequently Asked Questions About Domestic Violence Frequently Asked Questions about Domestic Violence How to File an Amended Domestic Violence Complaint How to File an Amended Domestic Violence Complaint, Dismissing a Restraining Order, The victim can ask the judge to dismiss the restraining order at any time. The judge will make the final decision as to if the restraining order will be dismissed. If you are unsure about dismissing a restraining order, speak to the intake worker at the courthouse, someone in the family court, a victim advocate or your attorney., The victim should only sign the “Certification to Dissolve a Restraining Order” voluntarily., Dismissal of a restraining order means that the legal restraints entered against the defendant to protect the victim will be removed. The victim will no longer have the benefit of this legal protection against the defendant. Dismissal of a restraining order will not dismiss any related criminal charges. Those criminal matters will proceed. This protection cannot be renewed unless there is another act of domestic violence. If there is a new act of domestic violence, the victim must request a new restraining order Without a restraining order, the police are not required to arrest the defendant. This is true even if the defendant violates a "stay away" order as part of a divorce or child support case., Violating a Restraining Order, Domestic violence matters are serious. If you are unsure about any aspect of a restraining order, you should call the police or contact the family court., A Restraining Order is a document issued by the court that sets out the terms that the defendant must follow., A final restraining order will tell the defendant: Whom the defendant is not allowed to be in contact with. Locations where the defendant cannot go. Money that the defendant owes or child support that is due. All actions that the defendant is not allowed to take. The order also will include a warrant for law enforcement to search and seize weapons for safekeeping., If the defendant violates a Restraining Order, The restraining order is divided into two parts. Two different things will happen if the defendant violates the restraining order:, Part 1 contains restraints against contact., If the defendant does not comply with Part 1 of the order, the plaintiff can report the violation to the local police. The police will arrest the defendant and file a criminal charge., Part 2 deals with financial and parenting issues., If the defendant is not complying with Part 2 of the order, the plaintiff must file for relief in the family court where the order was issued., Information for Defendants, If a Restraining Order Is Filed Against You, You cannot have any contact with the other person (or people) named on the restraining order. If you contact anyone on the order, you may be arrested. Read the restraining order carefully. The order tells you what you cannot do and has a date for you to appear in court for a final restraining order (FRO) hearing. If you do not show up at the hearing, the court can decide the case without you and give the other person a Final Restraining Order (FRO). You do not need a lawyer, but you can hire one if you choose. The court does not provide lawyers for these cases. If you want a lawyer, you can contact the Lawyer Referral Service. At the hearing, the judge will hear both sides and make a decision. In addition to protection, the order may also address custody, child support, parenting time (visitation) and other issues. The last page of the restraining order tells you where and when to appear for the final restraining order hearing. If you have questions, contact the Family Division Office Family Division Office ., Temporary Restraining Order (TRO), The TRO tells you what you can and cannot do. If you live with the other person, you might be allowed to go there with a law enforcement officer to get some of your things. The police will take your weapons. The order may include a temporary plan for custody and parenting time (visitation) for you and your child. The order will include a date for a hearing within ten (10) days. You can contact the Family Division Office Family Division Office to ask to change the date of the hearing., Final Restraining Order (FRO), You must show up at the hearing for the final restraining order (FRO). If you do not show up, the court can decide the case without you and give the other person the FRO. If both parties appear, the court will hear both sides and make a decision. The FRO, if granted, does not expire. The order can include child support, child custody, and parenting time (visitation). A FRO requires that you be fingerprinted. It may also include penalties, such as payment of a fine and loss of weapons. Read the order carefully., What Else Can I Do?, You can go to Family Court and apply to change or dismiss the final restraining order. Get more information from Prevention of Domestic Violence Frequently Asked Questions. Prevention of Domestic Violence Frequently Asked Questions. Note: A person who does not qualify for a domestic violence restraining order may be able to get other relief. If you have questions, contact the Family Division Office Family Division Office.
- Name Change for Minors Under Age 18, Learn how to process a legal name change for a child under 18. , How to Ask the Court to Change a Name in the Chancery Division, Family Part How to Ask the Court to Change a Name in the Chancery Division, Family Part, This kit has all of the forms and instructions for self-represented litigants to request a name change for their child in the family division. If you also are seeking a name change for yourself, you can do that while requesting a name change for your child. Do not use this form if you are only seeking to change your own name. Instead, follow the instructions for Name Change for Adults filing for a name change in the civil division . If there is an active restraining order between you and the other parent, call the Directory of Superior Court Family Division Offices family court in your county for more information., Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you., 10 steps to file for name change for your minor child(ren), Complete the forms., Note that the court must fill in some parts of some of the forms. For each child, complete these forms: Verified Complaint (Form F) Certification of Confidential information (Form F1) Order Fixing Date of Hearing (Form G) Final Judgment (Form H) Only complete these forms if you are also requesting a name change for yourself: Verified Complaint (Form A) Certification of Confidential Information (Form A1) Order Fixing Date of Hearing (Form B) Final Judgment (Form C) Prepare the $250 filing fee. If you are filing electronically, you can use a credit card. If you are mailing or delivering your papers in person, make out a check for $250 payable to “Treasurer, State of NJ.” If you are changing the names of multiple family members, the $250 fee covers all name change applications. Fee Waiver Do you qualify for a fee waiver ? Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed all the forms wherever necessary. Checklist: Form F: Verified Complaint Form F1: Certification of Confidential Information for Name Change Form G: Order Fixing Date of Hearing Form H: Final Judgment Form H1: Final Judgment Addendum $250 Payment If you are requesting a name change for yourself, you also need: Form A: Verified Complaint Form A1: Certification of Confidential Information for Name Change Form B: Order Fixing Date of Hearing Form C: Final Judgment Form C1: Final Judgment Addendum File your papers with the court. Upload your forms in the Judiciary Electronic Document System (JEDS) Judiciary Electronic Document System (JEDS) . You can pay the fee with a credit card. You also can mail or deliver your documents to the court. First, make two copies of your documents. Mail the originals plus one copy to the Directory of Superior Court Family Division Offices family division of Superior Court in the county where you live. Include a stamped, self-addressed envelope and a check or money order for the filing fee. Send by certified mail with return receipt. The post office can tell you how to do this. Review papers returned from the court. The court will return copies of the Verified Complaint, Certification of Confidential Information for Name Change and Order Fixing Date of Hearing to you. The case docket number will be written on all the copies. The docket number is very important because it identifies your case. It also lets the court know how to find your case. You must use the docket number on all future papers you send to the court about your case. The court will fill in the date on the Order Fixing Date of Hearing. That is the day you will appear before the judge to get the Final Judgment. If neither you nor your child have pending criminal or delinquent charges in New Jersey, skip this step. If you or your child have pending criminal or delinquent charges, you must notify law enforcement of your name change application., You must send notification at least 20 days before your hearing date., Send copies of the following documents: Verified Complaint, Certification of Confidential Information for Name Change Order Fixing Date of Hearing For charges filed by any county prosecutor, send the forms to the county prosecutor in the county where you are filing the name change case. For charges filed by the attorney general, send the forms to the Division of Criminal Justice (see Step 8). Send by certified mail, return receipt requested. Notify the State of New Jersey of the Application for a Name Change. You must send notification, at least 20 days before your hearing date., Send a copy of the Order Fixing Date of Hearing for each child to: Director, Division of Criminal Justice ATTN: Records and Identification Section R. J. Hughes Justice Complex 25 Market Street P. O. Box 085 Trenton, NJ 08625-0085 Include a copy of the Order for yourself if you also are changing your name. Note: If you or your child has criminal charges pending against you in New Jersey, you must also include a copy of the Verified Complaint and Certification of Confidential Information for Name Change. Send by certified mail, return receipt requested. Notify the other parent. If you are changing the name of a child under the age 18 and the child’s other parent does not live with you, you must send a copy of the Verified Complaint (Form F) and the Order Fixing Date for Hearing (Form G) to the last known address of the other parent. Send by certified mail, return receipt requested. Complete a Proof of Mailing Form (Form J) for each child and send to the court. Also complete and send a copy. of Form D if you are changing your own name. Be sure to attach the green certified mail receipt(s) to the Proof of Mailing. Send the Proof of Mailing to the court. Keep copies of the form and the receipts for your files., Prepare for Court, You should arrive in court on the date set for your hearing on the Order Fixing Date for Hearing. Be sure to bring with you proof of your current name. Proof could include birth certificates, passports, and driver’s licenses., 4 steps to Take After the Name Change Is Issued, Order certified copies of the Final Judgment and Final Judgment Addendum. Certified copies have a raised seal. You will need at least two certified copies of each document. Licensed drivers will need three copies of each document. Copies can be JEDS ordered through JEDS . There is a $25 fee for each copy of each document. The fee can be paid with a credit card. Send one set of certified copies to the New Jersey Department of the Treasury. Include a $50 fee for every family member whose name was changed. Make the check or money order payable to “Treasurer, State of New Jersey.”, This must be done within 45 days after the date of the name change., Mail the documents, the check or money order, and stamped, self-addressed envelope to: Department of Treasury Division of Revenue Judgment Name Change Unit P. O. Box 453 Trenton, NJ 08646 Send one set of certified copies to the registrar of vital statistics in the state where the child was born. If your name also was changed, send your own certified copies to the state where you were born., The office of the registrar is located in the capital city of each state. Check with each office to see if they require a fee. In New Jersey, the address for Bureau of Vital Statistics address is: Bureau of Vital Statistics Attn: Vital Records Modifications Unit P. O. Box 370 Trenton, NJ 08625 Licensed drivers must bring one set of certified copies to the New Jersey Motor Vehicles Commission. Each driver must go to the agency in person to change your driver’s license, car registration, or handicapped or non-driver identification card. You can go to at any motor vehicle agency location or regional service center., This must be done within two weeks after the effective date listed on the Final Judgment., The effective date is not the date of the hearing or the date the final judgment was signed. The effective date is the date you may begin using your assumed name. You will need several forms of ID to get a new license. Go to njmvc.gov njmvc.gov for more information on how to change the name on your license or identification card.
- Modifying a Divorce Order, File a motion to make a change to a court order in your divorce. Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order. Common reasons to file a motion include: to increase or decrease child support payments to increase or decrease alimony or spousal support payments to change the custody arrangements of a minor child to change the visitation/parenting time arrangements to relocate children to another state to emancipate a child, which ends child support obligation to get reimbursement of medical expenses to “enforce litigant’s rights,” (tell the court that the other party is not complying with the order and ask the court to make the party do so) How to Ask the Court to Change or Enforce an Order in Your Case (Family Multipurpose Post-Judgment Motions) How to Ask the Court to Change or Enforce an Order in Your Case The kit has several forms that you must fill out and file with the court. You will also have to send a copy of everything you file to your ex-spouse., Important Note, : There are very specific time frames for selecting a motion date, for filing and for getting the motion papers to your ex-spouse—contact the family division in the county where you are filing to make sure you understand and meet these deadlines., 7 Steps to file a motion to change or enforce an order in your divorce case, Complete all of the forms in the kit. Choose a motion date. Directory of Superior Court Family Division Offices Contact the Family Division where your divorce was granted and ask for a motion date at least one month away. Make 3 copies of all of the forms, and 5 copies of the proposed order. Keep one copy for yourself in a safe place. If Probation Services monitors child support in your case, make an extra copy of all of the forms. Redact Redact , or black out, the Personal Identifier personal identifiers on the copies you will submit to the court. Attach the $50 filing fee. Upload the documents into the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver – All Courts fee waiver request form if needed . You also can mail the originals plus two copies of all of the documents, plus the fee, to the Family Division Manager Conference Contact List Family Division of the Superior Court where your divorce was granted. Mail or deliver one copy of all of the documents to your ex-spouse. They must receive the papers at least 24 days before the motion date you have selected., Responding to a Motion:, If you have received papers stating that your ex-spouse has filed a motion with the court, you can respond by preparing and filing a Certification within the appropriate timeframe. You can use the How to Ask the Court to Change or Enforce an Order in Your Case (Family Multipurpose Post-Judgment Motions) Certification form in this packet and attach any documents that you believe will support what you state in the form., Filing a Cross-Motion:, You can also use this packet to file a How to Ask the Court to Change or Enforce an Order in Your Case (Family Multipurpose Post-Judgment Motions) cross-motion , meaning you are asking the court to take action on your behalf, in addition to opposing whatever the other party has asked for. You must file your Certification (and Cross-Motion if you are filing one) with the court and send or deliver a full copy to your ex-spouse no later than 15 days prior to the motion date. If you filed a Cross-Motion as well as a response to the original motion, your ex-spouse can respond in writing to the information in your Cross-Motion no later than 8 days prior to the motion date., Outcome of a Motion:, A motion date is not a trial. There might not be an actual court hearing on the motion date. Most motions are decided “on the papers.” The judge reviews the arguments and proofs each person has provided and decides the motion on that basis. Both the person filing the motion and the person responding to it can request "oral argument" in their motion papers. This means that they are asking for an actual court hearing with the judge, so they can be heard in person. However, it is up to the judge to decide if this will be necessary. Even if oral argument is granted and there is an actual hearing, a decision on the motion may not occur on that same day. In some cases, it may take weeks or longer to receive the written order stating the judge’s decision. When the motion is decided, each person will receive a copy of the signed order that states the decision on each request made in the motion.
- Responding to a Divorce Complaint, If you have been served with a Summons and Divorce Complaint, you are the Defendant defendant . The person who filed the divorce is the Plaintiff plaintiff . You have 35 days to respond to the Summons and Divorce Complaint. If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff. You have three options in how you respond to the court. You can: File an Answer — this means you respond to, or contest, what the plaintiff has stated in the Complaint; File an Answer and Counterclaim — this means you respond to the Complaint and also state any separate grounds for divorce and/or claims you want to make against the plaintiff; or, File an Appearance — this means you are not contesting what Plaintiff has stated in the Complaint but you do want to be heard on issues of custody, parenting time (visitation), child support, equitable distribution, alimony, or other matters., 6 Steps to filing an answer in a divorce case, Get the forms and instructions. Get the forms and instructions. Complete the Answer, Answer and Counterclaim, or Appearance Form. Complete the Certificate of Insurance and the Confidential Litigation Sheet., Do not include personal identifiers such as social security numbers on the document filed with the court., Make a copy of the forms and keep your copy in a safe place. Redact, or black out, the personal identifiers on the copies you submit to the court. Attach the filing fee of $175 or request a fee waiver. request a fee waiver . Upload the documents into the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) system . You can pay the fee with a credit card. You can upload the How to File for a Fee Waiver - All Courts fee waiver request form if needed You also can mail the originals plus two copies of all of the documents, plus the fee, to the Directory of Superior Court Family Division Offices Family Division of the Superior Court. Serve the Answer, Answer and Counterclaim, or Appearance Form on the plaintiff. You can deliver the papers yourself or send them using certified mail to the address the plaintiff put on the forms they filed with the court. You will need the complete the Acknowledgement of Service form and include the certified mail card and submit them to the court. **Note: If you cannot prove your spouse received the papers, you might not be able to proceed with your case. Contact the family division for more information., Forms needed to respond to a divorce complaint, Answer, Answer and Counterclaim, or Notice of Appearance Confidential Litigant Information Sheet Confidential Litigant Information Sheet (CN 10486) Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives (CN 10889) Certification Regarding Redaction of Personal Identifiers Certification Verification and Non-collusion Certification of Insurance Coverage Family Part Case Information Statement (CIS) Family Part Case Information Statement (CN 10482) –This form is required for litigants seeking alimony or child support
- Municipal Court Appeals, Municipal court appeals go to the Superior Court, criminal division, in the same county as the municipal court. Some reasons to file an appeal are: You believe the facts do not support the judge’s decision; or You believe the judge’s decision does not follow the law. How to Appeal a Decision of a Municipal Court How to Appeal a Decision of a Municipal Court Self-help Packet Use this packet if you want to appeal a conviction in a municipal court case. Deadlines and Fees The municipal court must receive your Notice of Municipal Court Appeal form within 20 days (including weekends and holidays) from the date you were found guilty. Filing Fee $100 Transcript fee To be determined by the municipal court where the case was heard Fee Waiver Do you qualify for a fee waiver?, Note:, If you were represented by a court-appointed attorney in your municipal court case, consult with them before you file an appeal. They can help you file your case. , Court Rules About Municipal Court Appeals, You can get learn more about municipal court appeals from 3:23-Appeals From Judgments of Conviction In Courts of Limited Criminal Jurisdiction Court Rule 3:23 . 6 Steps for Filing a Municipal Appeal Complete the forms in the How to Appeal a Decision of a Municipal Court How to Appeal a Decision of a Municipal Court Self-help Packet . Make copies of all forms. Call the court to ask for the estimated cost of the transcript and to whom the write out the check. Mail or deliver the transcript request form (Form B) to the court, making sure to order at least two transcripts. You can order a copy for yourself as well. Mail or deliver Form A to the municipal court where you were convicted. If you mail the form, use “certified mail, return receipt requested.” The post office can tell you how to do this. The court MUST receive this form within 20 days of your conviction. This includes weekends and holidays. If you miss the deadline, your appeal will not be heard. Send or bring a copy of the form to the prosecutor. Ordinance violations: send to the municipal attorney State law violations (tickets, assault, and most other matters): send to county prosecutor Executive order, or appeal based on constitutionality: send to Attorney General Call the municipal court for help if you are unsure which prosecutor should receive the form. If you mail this copy, it also should be sent “certified mail, return receipt requested.” The prosecutor MUST receive this form within five days of it being sent to the municipal court. Fill out Form C-Certification of Timely Filing. Form C is your statement that you sent or delivered your forms on time and to the correct places. Judiciary Electronic Document Submission (JEDS) Upload Forms A and C in the Judiciary Electronic Document System. You can pay the filing fee with a credit card. You also can mail or deliver the forms to the Directory of Criminal Division Offices criminal division of Superior Court in the county where the municipal court is located. Make your check payable to “ Treasurer, State of NJ .” Send it “certified mail, return receipt requested.” Include one extra copy of each form and a stamped, self-addressed envelope if you want the court to send you a stamped “filed” copy back.
- Divorce, On This Page, Overview, Divorce is called “dissolution” in New Jersey because you are “dissolving” a legal union. The process and information below are the same for a divorce, dissolution of a civil union, termination of a domestic partnership, or annulment., Who can file?, Either person in a marriage, civil union or domestic partnership can file for divorce in New Jersey as long as at least one person lives in the state. If you formed a domestic partnership or a civil union in New Jersey but now live in a different state, you might not be able to legally dissolve the union in your new state. In that case, you can file in New Jersey in the county where the civil union or domestic partnership took place., Do I need a lawyer to file a divorce case?, The decision to file for divorce is a difficult one, and having to work through the legal process on your own makes it even more difficult. For this reason, the court recommends that people filing for divorce, or people responding to a divorce complaint, speak to a lawyer. Legal Services of New Jersey maintains a directory of regional legal services offices. regional legal services offices that provide free legal assistance to low-income residents. The New Jersey State Bar Association has a list of lawyers who offer lawyer referral services lawyer referral services in the county where you live., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Divorce Forms and Instructions, The New Jersey Judiciary has some of the forms you need. A list of the documents you must file are described below. The forms with CN numbers can be downloaded from the Judiciary website., Divorce Complaint A legal document that starts a lawsuit in the Family Division. It includes the filer’s information, reasons for the lawsuit, and what the filing party is asking for from the court. For example, child custody, child support, or alimony. Certification of Verification and Non-Collusion The person signing this is swearing under oath that the information in the divorce complaint is true; the complaint is not being filed for secret, illegal or dishonest reasons; and that there are no other legal actions or arbitrations pending in the case. Summons This is the official notice to the other person that a divorce complaint was filed against them. It also explains where and how to respond to the complaint and the deadline to file a response. Confidential Litigant Information Sheet Confidential Litigant Information Sheet (CN 10486) This form contains personal and confidential information the court needs to process the complaint and set up the case. Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives (CN 10889) The person signing this is swearing under oath that they read the document Descriptive Material (R. 5:4-2(h)) - Divorce or Dissolution - Dispute Resolution Alternatives to Conventional Litigation “Descriptive Material (R. 5:4-2(h)) Divorce or Dissolution - Dispute Resolution Alternatives to Conventional Litigation” (CN 10888) and they know that there are options available to try to settle their case instead of filing a complaint. Certification of Insurance Coverage This must include a list of all known insurance policies between the parties and any children. The person signing this is swearing under oath that the insurance information provided is true. Family Part Case Information Statement (CIS) Case Information Statement (CN 10482) This form must be filed by both parties if custody, support, alimony, or equitable distribution are in dispute., Important: If you file your case electronically, you must upload each of the required documents as a separate document. They cannot be filed together in one attachment., Where to find divorce forms and instructions., Legal Services of New Jersey (LSNJ), LSNJ has a free divorce guide free divorce guide that explains how to file for divorce, dissolve a civil union or terminate a domestic partnership if the reason for the divorce is irreconcilable differences, separation, desertion, or extreme cruelty. LSNJ also sells a Complete divorce kit complete divorce kit , with instructions and all of the required forms, for $25., Superior Court Office of the Ombudsmen, You can get the required forms and instructions in your county courthouse. Contact your Ombudsman Directory local court ombudsman for more information. The ombudsman is a neutral staff person who answers questions, provides assistance, addresses concerns, and helps to guide court users through the court system. The ombudsman cannot give legal advice, however, because all court staff must be neutral and impartial. Learn more about the ombudsman program. Learn more about the ombudsman program., Filing the Divorce Complaint, File your forms in the county in New Jersey where you lived when you separated. If you do not live in New Jersey, file your forms in the county in New Jersey where the other party lives. See Divorce, Dissolution of Civil Union, Termination of Domestic Partnership, Nullity, Separate Maintenance Court Rule R. 5:7-1 for more information. If you are the person filing the complaint, you are considered the “plaintiff.” The other party is considered the “defendant.” , Note: You must be 18 to file a complaint. If you are under 18, your parent or guardian must file the complaint for you., Grounds for Divorce, The complaint must include the legal reason(s) for the divorce according to New Jersey law. In New Jersey these reasons are called the “grounds” for divorce. The following is a summary of frequently used legal grounds for divorce. No-Fault or Irreconcilable Differences: You must meet the following requirements: You or the other party lived in New Jersey for 12 consecutive months before filing for divorce; You or the other party experienced irreconcilable differences for 6 months; and The irreconcilable differences are the reason you want to dissolve the marriage, civil union, or domestic partnership; and You are certain you will not reconcile. Separation : You and the other party have been living apart for at least 18 months. Extreme Cruelty : Certain factors must be proven. You should consult a lawyer or read N.J.S.A. 2A:34-2 to see if the law applies to your case. Other Grounds : These include adultery, institutionalization, and incarceration for an extended period. For more information, read N.J.S.A. 2A:34-2., 4 Steps to File a Divorce Complaint, Complete required documents., Divorce Complaint Certification of Verification and Non-Collusion Summons Confidential Litigant Information Sheet Confidential Litigant Information Sheet (CN 10486) Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives (CN 10889) Family Part Case Information Statement (CIS) Family Part Case Information Statement (CN 10482) Certification of Insurance Coverage, File required documents., There are three filing options., Electronically, using the Judiciary Electronic Document Submission (JEDS) Judiciary Electronic Document Submission (JEDS) System . JEDS is available 24 hours a day, 7 days a week so it is quick and convenient. The fee must be paid with a credit card. Once you upload your papers, you will automatically receive an email confirming that they were received., Important: When filing electronically, you must upload each of the required documents as a separate document. They cannot be filed together in one attachment., In person, at the courthouse in the county where you or the other person lives. Make three copies of your papers. Bring two copies to the court and keep one copy for your records. Bring your papers to the Superior Court Family Division Manager Conference Contact List Family Division in the county where you or the other person lives. You can pay the fee in cash or with a check or money order made out to, “Treasurer, State of New Jersey.”, By mail, . Make three copies of your papers. Mail two copies to the court and keep one copy for your records. You must pay the fee by including a check or money order made out to, “Treasurer, State of New Jersey.” Mail your papers to the Superior Court Family Division Manager Conference Contact List Family Division in the county where you or the other person lives. Certified mail is recommended., If you mail your papers, , you must also include a stamped, self-addressed envelope so the court can mail you a copy of the filed complaint. The filed copy will include a docket number that identifies your case. Pay the filing fee or Court Fees and Fee Waivers request a fee waiver ., Plaintiff's Fees, Complaint Fee $300 Parenting Workshop Fee You must pay this additional fee and attend a parenting program if either party requests custody or parenting time. $25, Defendant's Fees, Filing Fee $175 Parenting Workshop Fee You must pay this additional fee and attend a parenting program if either party requests custody or parenting time. $25, Fee Waivers Do you qualify to have your fee waived?, , Serve the other person., You must serve the other party with the divorce papers within 60 days of the date you filed your papers. After you receive confirmation that your documents were filed correctly and you have a copy of the complaint with the docket number on it, you are ready to “serve” the other party (now the defendant) with a Summons, and all required documents. As part of this process you must prove to the court, in writing, that the other party received the divorce papers. This is referred to as “proof of service.” There are two ways to have the other party served., County Sheriff’s Officer:, Contact the Sheriff’s Office in the county where you filed your complaint. When a sheriff’s officer serves your papers, they will send proof of service to you and the court., Process Server:, These companies can be found online. Most do not send proof of service to the court so you must file an “Acknowledgement of Service” form with the court and include the process server’s receipt., Settle Your Case Before Filing a Complaint, Consider mediation or a similar settlement process to resolve custody, parenting time and financial issues before filing for divorce. This allows you and the other party to come up with a plan that works best for you and your family with the help of a neutral, third person. If you reach an agreement the process is quicker, cheaper, private and often less upsetting., Settle Your Case After Filing a Complaint, Custody and Parenting Time Mediation., The court may require you to meet with a mediator to help you to resolve issues related to your children. , Early Settlement Panel (ESP)., If you are not able to resolve economic issues your case will be scheduled for review by an Early Settlement Panels Early Settlement Panel . The panel is made up of experienced divorce lawyers who will recommend a fair settlement of your case. Each county has an ESP coordinator. Contact your county's coordinator for more information., Economic Mediation, . If you do not resolve the economic issues at ESP, the court may require you to meet with a mediator to help you to resolve them. The court has a Economic Mediation in Family Law Cases list of approved economic mediators or you can choose someone who is not on the list. The court will not require mediation if there is a Domestic Violence restraining order between the parties. However, under certain circumstances, the victim can agree to go to economic mediation even if there is a restraining order., Arbitration., This is different from mediation because the arbitrator decides the outcome and the parties must agree in advance to accept the arbitrator’s decision. The parties choose the arbitrator, pay the fee, and agree in advance which issues the arbitrator will address. , Finding a Divorce Record, After a divorce case is final and a judgment of divorce is issued, the case is considered closed. Closed divorce records are kept in the county courthouse where the divorce was entered for a short time and then are stored by the Superior Court Clerk's Office Superior Court Clerk's Office in Trenton. To get closed divorce records, contact the , Superior Court Clerk's Office, at 609-421-6100 .
- Family Practice Division, The Family Practice Division develops and implements policies and best practices to advance the goals and mission of the Judiciary in areas related to family law. , On This Page, Body Visit our Self-help Center self-help center for forms and information to represent yourself in a family court matter., Contacts, Joanne M Dietrich, Assistant Director, Family Practice Division 609-815-2900 ext. 55350 The following statewide directories are available: Family Division Presiding Judges Family Division Presiding Judges Family Division Manager Conference Contact List Family Division Managers Family Division Vicinage Contact Directory Matrimonial Early Settlement Coordinators Parenting Coordinator Program Parenting Coordinators Economic Mediators for Matrimonial Cases Economic Mediators for Matrimonial Cases Supervised Visitation Coordinators Directory Supervised Visitation Coordinators , Forms, These are the forms below used most frequently in family court. See the Forms Catalog full forms catalog . CN Title 10160 Order to Show Cause for Care and Supervision (Word form) 10255 FC Permanency Order (Word form) 10257 FC Summary Hearing Order (Word form) 10259 Permanency Order - FN & FG Cases (Word form) 10260 FN Order to Show Cause for Temporary Custody (Word form) 10261 FN Multipurpose Order (Word form) 10263 FN or FG Order - Termination Litigation (Word form) 10264 FG Guardianship Multipurpose Order (Word form) 10270 FL Order Judgment for Kinship Legal Guardianship 10270 FL Order Judgment for Kinship Legal Guardianship (Word form) 10272 FL Motion to Amend or Vacate an Order/Judgment of Kinship Legal Guardianship (Word form) 10273 Kinship Legal Guardianship (KLG) Multipurpose Order (Word form) 10275 Supplemental Order** (Word form) To be used for court approval of out-of-home placement(s) of child(ren) during ongoing litigation 10278 FL Order Used When Motion to Amend or Vacate Is Filed (Word form) 10482 Family Part Case Information Statement (CIS) Pagination 1 Go to page 2 2 Go to next page > Next page Showing 1 to 15 of 19 items, Manuals and Reports, The following manuals assist the courts, police, and other state agencies: Domestic Violence Procedures Manual The Domestic Violence Procedures Manual . This resource provides procedural and operational guidance. Its focus is on implementing the Prevention of Domestic Violence Act. Child Support Hearing Officer Program Operations Manual The Child Support Hearing Officer Program Operations Manual. This manual provides procedural and operations for court staff. Juvenile/Family Crisis Operations Manual The Juvenile/Family Crisis Operations Manual. Family crisis intervention units use this manual. Intervention units include both court staff and other agencies. Children in Court Operations Manual The Children in Court Operations Manual . The involvement of children in court requires special consideration. This manual provides operational and procedural guidance to Judiciary staff. These Supervised Visitation Program Annual Reports are available: Supervised Visitation Annual Report 2024 2024 Supervised Visitation Program Annual Report 2023 Supervised Visitation Program Annual Report 2023 Supervised Visitation Program Annual Report 2022 Supervised Visitation Program Annual Report 2022 Supervised Visitation Program Annual Report 2021 Supervised Visitation Program Annual Report 2021 Supervised Visitation Program Annual Report 2020 Supervised Visitation Program Annual Report 2020 Supervised Visitation Program Annual Report 2019 Supervised Visitation Program Annual Report 2019 Supervised Visitation Program Annual Report 2018 Supervised Visitation Program Annual Report 2018 Supervised Visitation Program Annual Report 2017 Supervised Visitation Program Annual Report 2017 Supervised Visitation Program Annual Report 2016 Supervised Visitation Program Annual Report 2016 Supervised Visitation Program Annual Report Call 609-815-2900 ext. 55350 to request previous annual reports back to 2008. These Domestic Violence Reports are available: 2022 Report on the Domestic Violence Act 2022 Report on the Domestic Violence Act 2021 Report on the Domestic Violence Act 2021 Report on the Domestic Violence Act 2018-2020 Report on the Domestic Violence Act 2018-2020 Report on the Domestic Violence Act 2017 Report on the Domestic Violence Act 2017 Report on the Domestic Violence Act 2016 Report on the Domestic Violence Act 2016 Report on the Domestic Violence Act Call 609-815-2900 ext. 55350 to request previous annual reports back to 2003., Victim's Assistance and Survivor Protection Act Information, Victim’s Assistance and Survivor Protection Act (VASPA) VASPA Brochure VASPA Reference Guide, Federal Grants, Agencies and service providers can use the CIC Improvement Grant Proposal Form CIC Improvement Grant Proposal Form to submit proposals for improving children in court operations and procedures., Docket Types, Family court cases are identified by these docket types., Docket Type:, Type of Case, FA: Adoption FC: Child Placement Review FD: Custody in non-divorce cases (non-dissolution) FF: Juvenile family crisis FG: Termination of parental and adoption rights FJ: Juvenile FL: Kinship & Legal guardianship FM: Divorce (Dissolution) FN: Child abuse/neglect FO: Quasi-criminal FV: Domestic violence and Victim’s Assistance and Survivor Protection Act (VASPA)
- Appealing a contested divorce case, Either party can appeal a decision in a contested divorce case. You cannot file an appeal if your case was uncontested., When to Glossary Terms file, The appeal must be filed in the Appellate Division of Superior Court within 45 days of the court’s decision., Do I need a lawyer to file an appeal?, You do not have to have a lawyer to appeal your case. Be aware, however, that the appeals process can be confusing. It is a good idea to get a lawyer if you can., Things to think about before representing yourself in court, While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge., Steps to file an appeal, File a Notice of Appeal. Request a Requesting a Superior Court or Tax Court Transcript for Your Appeal transcript of your case from the Appellate Division. You must have the official transcript in order for your appeal to be considered. Complete a Case Information Statement. How to Appeal a Trial Court, Tax Court or State Agency Decision Use the How to File an Appeal self-help kit., Filing Fees, $250 must be submitted with the Notice of Appeal. This is the cost of the appeal. $300 must be submitted with to the clerk of the Appellate Division within 30 days of filing the Notice of Appeal. This will be refunded if you win your appeal. If you lose your appeal, the money can be used to pay settlement or court costs., Do you qualify for a Fee Waivers fee waiver ?, If you received a fee waiver in your divorce case, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed. If you did not receive a fee waiver in your divorce case, you can submit a How to File for a Fee Waiver – All Courts request for a fee waiver with your appeal ., Send copies of your appeals document to:, All parties in the case who appeared in court The local Superior Court office that handled your divorce case The judge who decided your small claims case, Keep a copy of each document for yourself., Preparing your appeal, You will need to prepare a brief, which is a document that explains why your appeal should be granted. Questions about your appeal? Call the , Appellate Division Clerk’s Office, at 609-815-2950 .
- Arbitration, Some civil cases go to arbitration instead of going to trial. An arbitrator will hear the case, consider evidence, and decide the outcome. Typically, arbitration ends with an award to one party or a dismissal of the case. Questionnaire Attorneys are required to complete this questionnaire as directed by the notice received from the Civil Presiding Judges., On This Page, Body, Arbitration Overview , There are several advantages to arbitration. It is a faster and cheaper than going to trial. Both parties get an impartial, third-party expert to review the case. This helps when the parties reach an agreement. Arbitration is less formal than trial. Each party gets tell their side of the case. Proceedings are kept confidential. Once both parties accept the arbitration award, it becomes legally binding and enforceable. Arbitrators are experienced lawyers. Some are retired judges. They must have a minimum of 10 years’ experience in the area of law pertaining to the case. Each arbitrator receives formal training and must be approved by the assignment judge. Arbitration is mandatory for certain civil cases: automobile negligence ( N.J.S.A . 39:6A-24, et. seq); personal injury ( N.J.S.A . 2A:23A-20, et. seq); suits against a party's insurance carrier for unpaid bills arising from a vehicular accident; and certain commercial cases. In addition, Lemon Law Program Lemon Law cases can go to arbitration. Lemon law cases involve defective cars or other products that do not work., Voluntary Binding Arbitration (vba) , Cases can be referred by the courts for voluntary binding arbitration. You can learn more from the Civil CDR Resource Book Civil CDR Program Resource Book appendix . Here is a summary of the process: The parties file a written consent form that submits the case to binding arbitration. The parties must also submit a consent order of dismissal with prejudice. This means that the court case is dismissed and the parties will abide by the arbitrator's decision. The case is then presented to a panel of two arbitrators whom the parties have selected. A Superior Court judge, also selected by the parties, is present. The judge only participates if the arbitrators do not agree. The judge explains to the parties that the decision of the panel will be final and not appealable. All parties must then agree, on the record, that they understand the final and binding nature of the program. The arbitration itself proceeds off the record. The parties often use a high/low agreement, which the arbitrators do not see. The high/low provision lets the attorneys know what is the best and the worst that could happen for their clients in the case. For the plaintiffs, that’s a guarantee that at least they get something. The incentive for the defense is that it can set a cap and limit its exposure. The high/low provision helps to protect the client -- whether the client is the plaintiff or the defendant. The courts do not schedule the case nor pay the arbitrators. It is the responsibility of the attorneys using VBA to coordinate the arbitrators, arrange payment, and ensure attendance at a time when the judge is available. , NOTE: In lemon law cases only, if the parties fail to submit the completed VBA materials to the court within 30 days, the case will be referred to mediation., Resources for Arbitrators, Continuing education trainings are being offered for active roster arbitrators. See Arbitration Course Schedule list of scheduled trainings . The list will be updated as trainings are added. Arbitrators are welcome to attend any of the trainings, even those outside the county in which they regularly arbitrate. For information on whether a specific vicinage will be offering a training, contact the county’s Arbitration Administrators and CDR Point Persons Committee Arbitration Administrator/CDR Point Person . This Checklist For Arbitrators checklist is available to help you during arbitration: Introduce all participants. Explain the adjudicatory nature of the proceeding and his/her background as an unbiased attorney approved by the court and local bar. Take stipulations. Swear in witnesses. Allow all sides to present relevant information. Make a determination based solely on the evidence presented and either call a “no cause” or award full value. Complete the written award ensuring that brief findings of fact and conclusions of law are included and that the absence of parties, or relevant evidence, or of items of incomplete discovery is noted. Absent exceptional circumstances, deliver the award in the presence of the parties. If the arbitrator conducts a settlement conference prior to rendering a decision on the merits of the case, he or she should not continue the arbitration process, but should instead turn the arbitration over to another arbitrator. Otherwise, the arbitrator should not engage in settlement negotiations until after the award form is completed and only with the parties’ consent. Use the arbitrator’s Quick Reference Guide Quick Reference Guide for more information. Access the contact list for the Arbitration Administrators and CDR Point Persons Committee . , Statewide Adjournment of Arbitration , All requests to adjourn a civil trial or an arbitration are governed by Rule 4:36-3 Trial Calendar Rule 4:36-3(b) . A good faith effort shall be made to discuss any request for an adjournment with all other parties before the request is presented to the court. All adjournment requests must be made in writing, submitted to the civil division manager. Faxed submissions are acceptable. Telephone requests will not be accepted absent exceptional circumstances. Requests must be copied to all other parties. Any request for an adjournment must be presented as soon as the need for an adjournment is known. Absent exceptional circumstances, the request must be presented no later than the close of business on the Wednesday preceding the week the matter is scheduled for trial or arbitration. The written request must indicate the reason or reasons the adjournment has been requested, and whether the other parties have consented to the proposed adjournment. The written request should also include a new proposed date for trial or arbitration, consented to by all parties. If consent cannot be obtained, the court will determine the matter by conference call with all parties. If the adjournment request is based upon a conflict with another court proceeding, the party requesting the adjournment must indicate whether he or she is designated trial counsel and supply the name of the other matter, the court and county in which it is pending, and the docket number assigned to the matter. No adjournments will be granted to accommodate dispositive motions returnable on or after the scheduled trial date. A matter should not be considered adjourned until court staff has confirmed that the request for an adjournment has been granted. Timely response will be given to the party requesting the adjournment, who will then be responsible for communicating the decision to all other parties. To the extent any party is dissatisfied with the decision made by the civil case management office, the following procedure should be followed: in master calendar counties, the aggrieved party should present the matter to the civil division manager directly; to the extent that any party is dissatisfied with the decision made by the Civil Division Manager, that party may ask that the matter be presented to the civil presiding judge; in individual/team calendar counties, the aggrieved party should present the matter to the civil division manager directly; to the extent that any party is dissatisfied with the decision made by the civil division manager, that party may ask that the matter be presented to the pretrial or managing judge. Requests for adjournment of a civil trial based on expert unavailability are governed by R. 4:36-3(c) Adjournments Expert Unavailability R. 4:36-3(c) . See Directive #6-04 for more information., How to Become an Arbitrator , Potential Arbitrators need to Application For Admission To Roster of Civil Arbitrators apply . There is a ARBITRATORS’ TRAINING CURRICULUM training manual available as well. ARBITRATOR SCREENING AND APPOINTMENT GUIDELINES All new arbitrators must submit a completed uniform application form with a copy of their resumé and proof of attendance at the required initial training in accordance with RULE 1:40-12 Mediators and Arbitrators in Court Annexed Program R. 1:40-12(c) . Existing arbitrators applying for appointment in additional counties must submit proof of attendance at a continuing training in accordance with R. 1:40-12(c). A certified civil trial attorney with the requisite experience, who has also completed the training and continuing education required by R. 1:40-12(c), will be entitled to automatic inclusion on the roster. After attending the initial training, a new arbitrator shall attend continuing training after two years. Thereafter, an arbitrator shall attend continuing training every four years. Mediators and Arbitrators in Court Annexed Program R. 1:40-12(c)(1) . Arbitrators who have already attended the initial training and at least one continuing training shall attend continuing training every four years. Mediators and Arbitrators in Court Annexed Program R. 1:40-12(c)(2) . Completed application forms should be submitted to the arbitration administrator of the county in which the arbitrator wishes to serve. Appointments to the roster cannot be provisional. All required documents must be submitted prior to consideration for appointment to the roster. The arbitration administrator will verify and submit the application and accompanying documents to the local selection committee. No applicant is permitted to submit required paperwork directly to the local selection committee nor can the local selection committee consider any applicant that has not previously submitted all required paperwork to the arbitration administrator. After its review, the local selection committee will then submit recommendations for the roster to the assignment judge or his/her designee for final approval. This is necessary to ensure that arbitrators are qualified in accordance with Arbitration of Certain Civil Actions R. 4:21A-2 . Upon approval by the assignment judge or his/her designee, the arbitration administrator will advise the AOC Civil Practice Division of the appointment of new arbitrators to the county roster. Any individual who feels that he or she has been aggrieved during the application or review process may bring this matter to the attention of the assignment judge for review. The local selection committee shall annually review the roster of arbitrators Revised 09/10//2019 in consultation with the civil presiding judge, civil division manager and Arbitration Administrator and make recommendations to the Assignment Judge to remove arbitrators from the roster. See Arbitration of Certain Civil Actions R. 4:21A-2(b) . It is imperative that staff are an integral part of this process so that evaluations include staff input regarding arbitrator scheduling issues, time management, promptness, cooperation, professionalism, availability and other relevant issues. Arbitrator mentoring and other assistance should be made available at the county level. General concerns identified as a result of the evaluation process should be addressed at county meetings to the extent practicable, with assignment judges always welcome to reach out to the AOC Civil Practice Division on arbitration-related issues. Each county is encouraged to establish a local monitoring and support committee to provide assistance to arbitrators, court staff, and judges regarding any arbitration-related issues. This can be part of the existing bar committees. , Related Dispute Resolution, Arbitration falls under the Civil CDR Program Information Center Complementary Dispute Resolution (CDR) program . Additional CDR programs include Civil Mediation Mediation . , Forms, CN Title 10505 Uniform Arbitration Statement of Facts - Appendix XXII-A 10506 Uniform Commercial Arbitration Memorandum - Appendix XXII-B 10507 Application For Admission To Roster of Civil Arbitrators 10736 Voluntary Binding Arbitration - Civil Action Consent Order of Dismissal 10738 Voluntary Binding Arbitration Program Application 10763 Uniform Order Confirming Arbitration Award and Entering Judgment 10766 Order of Dismissal/Suppression 10767 Notice of Settlement/Order of Dismissal 10768 Trial De Novo Request Form 10769 Voluntary Binding Arbitration Program Consent Form 10770 Voluntary Binding Arbitration Order 10977 Report and Award Form of Arbitrator(s) - Auto / Personal Injury 10978 Report and Award Form of Arbitrator(s) - Commercial 11329 Civil Division Arbitration Program Pamphlet 11669 Notice Of Arbitration Hearing - Appendix XXIX Arbitration is a process in which a dispute is submitted to experienced and knowledgeable neutral attorneys or retired Superior Court Judges who hear arguments, review evidence and render a non-binding decision. It is less formal, less complex and often can be concluded more quickly than court proceedings., Frequently Asked Questions, What if I am not satisfied with the arbitrator’s award? A party who is not satisfied with the arbitrator’s award can reject the award and get a trial by filing a notice called a “demand for a trial de novo ” with the court and serving it upon all parties within 30 days of the filing of the arbitrator's award. The court is very strict concerning enforcing the 30-day time limit. The effect of not filing the demand for trial de novo is that the award, whether a monetary award or a dismissal, can be converted into a judgment. A party requesting a trial de novo must pay a trial de novo fee to the Treasurer, State of New Jersey. Under certain circumstances if the requesting party does not significantly improve their position at trial, they may also be liable to pay other reasonable costs, including attorney fees of the other party up to $750, and witness costs up to $500 after the trial is concluded. What are the advantages of arbitration? Some of the advantages of arbitration include: arbitrators are knowledgeable and experienced attorneys or retired Superior Court Judges; prompt scheduling, expeditious procedures, and established time frames for each step serve to limit the time required to resolve the case; many of the costs associated with the formal court process can be eliminated by arbitration; each party tells his or her side of the case to an arbitrator in an atmosphere that is less formal than a court proceeding; an arbitrator's decision and award may resolve a case or serve as the basis for further negotiations to a settlement; and arbitration awards, if accepted by all parties and confirmed by the court, are legally binding and enforceable What types of cases are arbitrated? Arbitration is mandatory statewide for civil cases involving automobile negligence, personal injury, contracts and commercial matters, products liability and personal injury protection suits against one’s own insurance carrier for unpaid insurance benefits. What cases are amenable to resolution by arbitration? Arbitration has been found to be particularly effective in resolving cases having the following characteristics: the parties require an independent decision to resolve the dispute; the parties have full information, but seek the opinion of a third party respecting the extent of damages, or the credibility of witness; the parties are committed to “litigating” and are not open to negotiation; the parties have no relationship beyond a single incident and the disputed issues involve only the amount of money damages; or the amount at stake is relatively small and a quick third-party decision is of primary importance, e.g. , simple book account cases. Who are the arbitrators? Arbitrators are attorneys who have at least ten years of consistent and extensive experience in New Jersey in the pertinent substantive area of law. Arbitrators are selected by the Assignment Judge or his/her designee on recommendation of the local bar association and are paid a per diem fee by the court for their services. Retired Superior Court Judges may also serve as arbitrators. How does arbitration work? All attorneys and all parties are notified of their date for an arbitration hearing. Before the scheduled hearing, each party shall exchange a statement of the factual and legal issues. Although attendance by each party or their attorney is required, all attorneys and parties are strongly encouraged to appear at the hearing. The arbitrator conducts the hearing during which each party presents its case. Parties are permitted to introduce exhibits and other relevant documentary evidence. The arbitrator generally exercises the powers of the court in the management and conduct of the hearing. After the hearing, the arbitrator renders a non-binding decision and a written award. The decision is usually rendered on the day of the arbitration hearing in the presence of the participants.
- Annual Attorney Registration and Payment, All New Jersey attorneys must complete the online registration process at the beginning of the calendar year., On This Page, Body Documents Related to the June 26, 2025 CLE on Resources for NJ Attorneys. June 2025 CLE Handout June 2025 CLE Handout June 2025 CLE Code Form June 2025 CLE Code Form, Registration and Payment Login, Log in Forgot User ID Forgot User ID? Forget Password? Forgot Password? Attorneys can use the online registration and payment system to Pay their annual assessment Activate their access to eCourts for civil, criminal, and appellate litigation Reset passwords and set up two-factor authentication Change their address, email, and phone number on file with the courts Change their status with regard to payment and pro bono exemptions , Two-factor authentication is required., The two-factor authentication system will use the most recent email address or cell phone number entered into the online registration system. Two-Factor Authentication View the User Guide or call 609-421-6100 for help during business hours., Fees, The fee is based on your calendar year of admission. Attorney Registration Fee Schedule View the fee schedule ., Pay online, There is no fee for ACH and JACs payments. Visa, MasterCard, American Express, and Discover payments include a 3 percent service fee., Payments by employers, If your employer has agreed to pay on your behalf, you may opt for employer pay within the online system after you complete the registration portion of the process. Employers are allowed to pay as a convenience. It is ultimately the individual responsibility of the attorney. Therefore, it is important that you follow up with your employer and ensure that payment has been made to avoid ineligibility., First-time registrants, First-time users of the online payment system should refer to the Mandatory Electronic Attorney Registration notice that was mailed to their address of record. The bottom of the notice contains their user ID and temporary password. Log into the system, follow the prompts to create your unique security questions, and then activate your account., Forgotten Passwords, If needed, attorneys can Reset Password reset their passwords before logging in., Verify your information., Make any needed corrections to your contact information, including phone number, email, and mailing address. Name changes must be submitted as a name change affidavit to the Supreme Court. Download a Attorney Name Change Form name change form and follow the instructions for submission., Partial Payments , Use the online attorney registration system to remit payment only if you intend to either pay the entire balance due or claim a payment exemption for your entire period of ineligibility. If you want to claim a payment exemption for a partial period of ineligibility, please contact the, NJ Lawyers’ Fund for Client Protection (Hotline), at 855-533-3863, option 1, for assistance., Exemptions from Payment., Exemptions from payment are only as defined, without alteration. Exemptions from payment cannot be claimed solely by virtue of being prohibited from private practice, by being out-of-state, or by being exempt from pro bono counsel assignment. Exemptions are automatically granted to those plenary license holders who are: Admitted in the current calendar year; Admitted to practice in New Jersey for 50 years or more. If you are in retired or military status, you must still file an annual registration, even if no payment is due. You must also inform the Fund immediately if you no longer qualify for the exemption. Please resume payment of the annual assessment and keep your address current in the online system., Plenary Admission in New Jersey in 1977 or earlier, No payment is due. Since you are in or beyond your 50th calendar year of licensure, your registration indicates automatic entitlement to the 50-year exemption. If you are also “retired completely from the practice of law” (see below) and wish to claim the retired exemption, execute the retired certification online or if previously granted an exception to online registration execute the certification on the paper form., Plenary Admission in New Jersey in 2026, You are required to complete your registration online. No payment is due for 2026 since you are in your first calendar year of admission., Retired Exemption, You may request the retired exemption online . You are entitled to the retired exemption only if, since January 31 of the current year, you are completely retired from the practice of law. Employment, if any, is not in any way related to the practice of law. Does not draft or review legal documents, render legal assistance or advice, teach law or serve in a court system in any capacity, in any jurisdiction; Your only participation in any aspect of legal practice is by providing qualifying continuing legal education for a certified organization. Your only participation in any aspect of legal practice is by qualifying pro bono service as defined by R. 1:21-11(a) for Legal Services of New Jersey and the associated legal regional programs; for a certified organization under R. 1:21-11(b), or for an organization otherwise approved by the Supreme Court. You may not claim this exemption by virtue of being out-of-state or exempt from pro bono assignment. Once you have certified to the retired exemption, you will remain in retired status until you inform the Fund otherwise. If you are currently in retired status, please respond to the other parts of the annual registration. For lawyers granted the retired exemption, the Supreme Court Clerk’s Office will only issue letters indicating your status and not certificates of good standing. , Military Exemption. , You may request the military exemption online . You are entitled to the military exemption only if, since January 31 of the current year, you are on full-time active duty with the armed forces, the Peace Corps, or AmeriCorps, and, although not engaged in private practice in the State of New Jersey, you maintain an active license to practice law before the highest court of this State. You may not claim this exemption by virtue of being prohibited from private practice or exempt from pro bono assignment, nor does any other government employment entitle you to the exemption. Once you have certified to the military exemption, you will remain in military status until you inform the Fund otherwise. If you are currently in military status, please respond to the other parts of the annual registration., Out-of-State and Government Attorneys, Attorneys admitted in New Jersey but practicing in another jurisdiction, teaching law, or working for a governmental entity are not exempt. You must complete your registration and pay all required fees each year., Other Forms, CN Title 10957 Certification of Military Exemption 11005 Address Change for Billing 11620 Certification of Retirement 11621 Certification of Retirement - Legal Services Volunteer 11933 Exception Request Form - Electronic Attorney Registration and Payment 13400 Certification of Retirement - Continuing Legal Education Provider, Programs funded, The annual assessment mandated by Supreme Court Rule provides revenue for Lawyers' Fund for Client Protection The Lawyer’s Fund for Client Protection ; The attorney discipline process, including the Office of Attorney Ethics Office of Attorney Ethics and the Disciplinary Review Board; Disciplinary Review Board ; The The Lawyers Assistance Program Lawyers Assistance Program The Board on Supreme Court Board on Continuing Legal Education Continuing Legal Education ; and The Board of Bar Examiners Board of Bar Examiners., Fee Schedules, 2026 Fee Schedule - New Jersey Licensed Attorneys, Admitted, Fee if received on or before March 20, 2026, Fee if received after March 20, 2026 but before Ineligible List, 1977 or prior to 1977 Exempt from payment Exempt from payment - No late fee 1978 – 2022 $267 $307 2023 or 2024 $238 $278 2025 $ 35 $ 75 2026 Exempt from payment Exempt from payment - No late fee , 2026 Fee Schedule - Other than Non-New Jersey Licensed Attorneys, Fees, 2026 annual payment $267 Late fee (if paid after March 20, 2026) $ 40 Fee for reinstatement from one year’s ineligible list $ 50 Fee for reinstatement from two or more year’s ineligible list $100 For questions, call the Lawyers' Fund for Client Protection: 855-533-3863 , option 1., CLE Noncompliance :, , A $50 noncompliance fee will be assessed by the , Supreme Court Board on Continuing Legal Education, Board on Continuing Legal Education, against attorneys who report they did not complete the required courses by the course completion deadline. An additional $50 (for a total of $100) will be assessed against attorneys who fail to complete their Continuing Legal Education courses within the grace period of June 26, 2026, or who fail to report CLE compliance at all, . Attorneys who remain noncompliant with the mandatory CLE requirement are subject to being declared administratively ineligible to practice New Jersey law, pursuant to Board on Continuing Legal Regulations BCLE Regulation 402:3 . To be removed from the CLE ineligible list, the noncompliant attorney must satisfy ALL outstanding CLE credit requirements and pay any required fees. *Even if you have not satisfied your CLE requirements or are CLE Non-Compliant, you are encouraged to complete your annual registration and payment by March 20, 2026 to avoid registration late fees. , Payment if admitted in Federal Court:, Attorneys admitted pro hac vice in Federal Court in New Jersey are similarly obligated to pay. L. Civ. R. 101.1(c)(2)., Reporting Pro Bono Exemptions, If you qualify for exemption from pro bono requirements, use the appropriate exemption code number in the pro bono section of the online annual registration form. The online form also asks you identify your “assignment vicinage” or county for pro bono assignments. Your assignment county must be related to the New Jersey county where you reside; the New Jersey county where you serve as corporate counsel; or the New Jersey county where you or your firm has an office that you work out of. You should select “out of state” or “out of country” if either of those applies., Attorneys on per diem or temporary assignments., Attorneys practicing law in New Jersey on a per diem basis or through a temporary employment agency are not eligible to claim an exemption from pro bono assignments. They are eligible to receive assignments only during the time that they are practicing law. Therefore, if an attorney receives an assignment when not actively practicing law, the attorney must immediately contact the office of the assignment judge of the assignment vicinage., Pro Bono Exemption Categories, Attorneys who work full time for any local, county, State or Federal agency or authority and who, by statute, rule, administrative directive, Executive Order, published Ethics Code or Opinion, are prohibited from the private practice of law, are exempt. All Supreme Court Justices, all Superior Court and Tax Court Judges, all Federal Court Judges, all Workers' Compensation Judges, all Administrative Law Judges, all retired Justices and Judges, all Surrogates and Deputy Surrogates, all Child Support/Domestic Violence Hearing Officers or Juvenile Referees, and all Municipal Court Judges are exempt. All attorneys working full time for the Administrative Office of the Courts or on the staff of any State or Federal Judge or any vicinage of the Superior Court or any Municipal Court, County Clerk, or Surrogate are exempt. Attorneys serving as part-time municipal court directors, administrators, deputy administrators and violations bureau clerks are also exempt. All County and full-time Municipal Prosecutors and Assistant Prosecutors, all attorneys working in the Office of Counsel to the Governor, the Attorney General and Deputy Attorney Generals, the Public Defender and Deputy Public Defenders, full-time Municipal Public Defenders, the Public Advocate and Deputy Public Advocates are exempt. Part-time Municipal Public Defenders and Public Defender Pool Attorneys are not exempt. All attorneys who work full time for criminal law enforcement or investigative agencies, such as but not limited to, police forces, the Federal Bureau of Investigation, County Sheriff, Federal Marshals, Casino Control Commission, or the Internal Revenue Service are exempt. Attorneys who are not currently practicing law, and those who are completely retired, are exempt. Attorneys are considered not practicing law or retired if the following applies: the attorney’s employment is not related to the practice of law, the attorney does not have to be an attorney to hold his or her position, the attorney does not review legal documents, the attorney does not render legal assistance or advice on the law, the attorney does not teach law, and the attorney does not serve in the judiciary in any capacity, in any jurisdiction. Attorneys who are ineligible to practice law in New Jersey under statute, Rule of Court, or court order are also exempt. An attorney who appears pro se or pro hac vice or as the guardian of a party in interest may still claim this exemption if those are the only legal services performed in New Jersey. Attorneys who serve as in-house counsel in New Jersey are not exempt. Attorneys employed full time by a Legal Assistance Organization, as described in R. 1:21-1 Who May Practice; Appearance in Court, R. 1:21-1(e, ) , or by a Legal Aid Society are exempt. Attorneys who certify that they have performed at least twenty-five (25) hours of qualifying pro bono service in New Jersey, for a certified pro bono organization or for a pro bono organization approved by the Supreme Court, within the calendar year ending on December 31, 2024, are exempt under this category. See, R. 1:21-11 Definitions and Certifications Regarding Pro Bono Practice R. 1:21-11 and R. 1:21-12 Madden-Exemption Based on Voluntary Qualifying Pro Bono Service R.1:21-12 . Additionally, attorneys who satisfy the same twenty-five (25) hour requirement by serving as a court-appointed attorney-trustee pursuant to R. 1:20-19, who serve as a court-appointed attorney in adult guardianship matters, who volunteer to handle Termination of Parental Rights Appeals as compensated Public Defender Pool Attorneys, or other pro bono service approved by the Supreme Court are also exempt under this category. Attorneys who are members of a District Ethics Committee, a Fee Arbitration Committee, the Disciplinary Review Board, the Disciplinary Oversight Committee, the Board of Trustees for the New Jersey Lawyers’ Fund for Client Protection, the Supreme Court Committee on the Unauthorized Practice of Law, the Supreme Court Committee on Attorney Advertising, the Advisory Committee on Professional Ethics, the Committee on Character or the Advisory Committee on Judicial Conduct and attorneys who are employed as peer counselors for the Judge Assistance Program are exempt. Attorneys who practice law out of state, who do not practice in New Jersey within the calendar year, are exempt. An attorney who appears pro se or pro hac vice or as the guardian of a party in interest may still claim this exemption if those are the only legal services performed in New Jersey. Attorneys who serve as part-time Municipal Prosecutors are exempt from all criminal and Quasi-criminal pro bono cases. However, they may still be assigned civil pro bono cases., Reporting Continuing Legal Education Credits, Attorneys must report their compliance with New Jersey’s Court 1:42-Continuing Legal Education Rule 1:42 regarding continuing legal education (CLE) as part of the continuing legal education process. Group 1 attorneys have birthdays that fall between Jan. 1 and June 30. Their compliance period starts on Jan. 1 in even numbered years and concludes on Dec. 31. of the following odd-number year. Group 2 attorneys have birthdays that fall between July 1 and Dec. 31. Their compliance period starts on Jan. 1 in odd numbered years and concludes on Dec. 31. of the following even-number year. The fee for noncompliance with the bi-annual CLE requirement is $50. Attorneys must pay an additional $50 if they fail to complete their CLE courses within the afforded grace period or who fail to report regarding CLE compliance at all. In addition, attorneys who remain noncompliant are subject to being declared administratively ineligible to practice law in New Jersey., Newly Admitted Group 1 Attorneys, If admitted to the New Jersey Bar during an odd year, follow the regular 24-credit, 24-month reporting cycle. You will report your CLE compliance in an even year. If admitted to the New Jersey Bar during an even year, your first reporting period will cover only the next (odd) year. You must earn 12 CLE credits during this period. You will report compliance with this requirement on your annual online registration during the following (even) year., Newly Admitted Group 2 Attorneys, If admitted to the New Jersey Bar during an even year, follow the regular 24-credit, 24-month reporting cycle. You will report your CLE compliance in an odd year. If admitted to the New Jersey Bar during an odd year, your first reporting period will cover only the next (even) year. You must earn 12 CLE credits during this period. You will report compliance with this requirement on your annual online registration during the following (odd) year. Supreme Court Board on Continuing Legal Education Learn more about continuing legal education requirements All persons certified as Foreign Legal Consultants under Certification and Practice of Foreign Legal Consultants R. 1:21-9 , those holding limited licenses as In-House Counsel under Rule 1:27-2. Limited License; In-House Counsel R. 1:27-2 , those holding limited licenses as Foreign In-House Counsel under Rule 1:27A-. Foreign In-House Counsel R. 1:27-2A , those registered as Multijurisdictional Practitioners under RPC 5.5-Lawyers Not Admitted to the Bar of This State and the Lawful Practice of Law RPC 5.5(b) , or those admitted pro hac vice in accordance with Rule 1:21-2. Appearances Pro Hac Vice R. 1:21-2 , shall make the same annual payment as licensed New Jersey attorneys in their 5th through 49th years., Pro Hac Vice, Pro Hac Vice, , Requirements , Rule 1:21-2. Appearances Pro Hac Vice Rule 1:21-2(a) ; Rule 1:20-1-Disciplinary Jurisdiction; Annual Fee and Registration 1:20-1(b) ; Rule 1-28-2-Payment to the Fund; Enforcement 1:28-2 and 1:28A-1-Purpose; Administration; Appointments 1:28B-1(e) . Attorneys seeking pro hac vice admission should send the following to the Lawyers’ Fund for Client Protection: A completed 2026 PHV form. (PHV forms for 2024 and 2025 are also available). A signed copy of the Court Order. If the judge requires payment before signing the order, please send a copy of the unsigned Order. Then, send a copy of the signed order when it becomes available. If you are appearing before a board or commission and there is no court order, indicate this in a cover letter and submit copies of your paperwork; A check payable to the NJ Lawyers' Fund for Client Protection in the amount of $267.00 for each attorney being admitted; Notification when each matter is concluded. An attorney's pro hac vice appearance continues until the matter is concluded, or there is a substitution of counsel, or the filing of a notice of withdrawal with the Court. The Fund must continue to seek payment until the attorney gives notice that either the matter, or the attorney's appearance in it, has formally concluded. Mail to:, NJ Lawyers’ Fund for Client Protection, Richard J. Hughes Justice Complex P.O. Box 961 Trenton, New Jersey 08625-0961 Courier and Express Mail only: Richard J. Hughes Justice Complex 25 Market Street Floor 5th floor, North Wing Trenton, New Jersey 08625, Notes, Attorneys licensed in New Jersey who maintain a bona fide office in any state or territory of the United States, Puerto Rico, or the District of Columbia need no longer be admitted pro hac vice to handle a matter in New Jersey . 1:21-1-Who May Practice; Appearance in Court Rule 1:21-1(a) . No additional fee is required. Attorneys who are ineligible to practice law in New Jersey due to nonpayment of fees are also ineligible for admission pro hac vice . They must first pay all fees due. The fee is assessed once per calendar year per attorney. Attorneys admitted for additional cases within the calendar year should update their case listing information via the Online Registration and Payment Center ; however, no additional fee is required. If a case continues into the next calendar year, the fee for that year will have to be paid. An attorney's appearance continues until either the matter is concluded or there is a substitution of counsel. Attorneys admitted pro hac vice in federal court in New Jersey are similarly obligated to pay. L. Civ. R . 101.1(c)(2). After initial admittance, subsequent annual payments can be made with a credit card or ACH debit in the Online Registration and Payment Center . Attorneys not currently appearing pro hac vice in any matter in New Jersey should complete the Certification for PHV attorney no longer appearing on a case. Certification for PHV attorney no longer appearing on a case ., In-House Counsel, In-house counsel working in New Jersey or performing New Jersey-related legal work in another U.S. jurisdiction are required to obtain limited licensing from the New Jersey Supreme Court. Read 1:27-2-Limited License; In-House Counsel Court Rule 1:27-2 . To learn more or to apply for admission, visit the New Jersey Board of Bar Examiners website. After initial admittance, subsequent annual payments can be made with a credit card or ACH debit in the Online Registration and Payment Center Online Registration and Payment Center . Payment can be made with a credit card or ACH debit. Additional Forms Additional forms for change of address, change in employment, or termination of employment, as needed can be found at Board of Bar Examiners web site: New Jersey Board of Bar Examiners Mail to:, NJ Lawyers’ Fund for Client Protection, Richard J. Hughes Justice Complex P.O. Box 961 Trenton, New Jersey 08625-0961 Courier and Express Mail only: Richard J. Hughes Justice Complex 25 Market Street Floor 5th floor, North Wing Trenton, New Jersey 08625, Foreign In-House Counsel, Foreign In-house counsel working in New Jersey or performing New Jersey-related legal work in another U.S. jurisdiction are required to obtain limited licensing from the New Jersey Supreme Court. Read 1:27-2A-Foreign In-House Counsel Registration R. 1:27-2A . To learn more or to apply for admission, visit the https://www.njbarexams.org/home Board of Bar Examiners website. All persons certified as Foreign Legal Consultants under 1:21-9-Certification and Practice of Foreign Legal Consultants R. 1:21-9 , those holding limited licenses as In-House Counsel under 1:27-2-Limited License; In-House Counsel R. 1:27-2 , those holding limited licenses as Foreign In-House Counsel under 1:27-2A-Foreign In-House Counsel Registration R. 1:27-2A , those registered as Multijurisdictional Practitioners under RPC 5.5-Lawyers Not Admitted to the Bar of This State and the Lawful Practice of Law RPC 5.5(b) , or those admitted pro hac vice in accordance with 1:21-2-Appearances Pro Hac Vice R. 1:21-2 , shall make the same annual payment as licensed New Jersey attorneys in their 5th through 49th years., Multijurisdictional Practice, Multijurisdictional practitioners can register under RPC 5.5-Lawyers Not Admitted to the Bar of This State and the Lawful Practice of Law RPC 5.5(b) . For admission as a multijurisdictional practitioner, submit a Designation of Clerk as Agent for Service of Process Designation of Clerk as Agent for Service of Process form to , Supreme Court Clerk's Office, P.O. Box 970 Trenton, New Jersey 08625-0970 An attorney no longer acting as, or appearing as, a multijurisdictional practitioner (MJP) in the State of New Jersey should complete the Certification Regarding Appearance as a Multijurisdictional Practitioner Multijurisdictional Practitioner Nonpayment Certificate form. After initial admittance, subsequent annual payments can be made with a credit card or ACH debit in the Online Registration and Payment Center Online Registration and Payment Center ., Certificates of Good Standing, Requests for Certificates of Good Standing, or other attorney status documents, should be submitted through the NJ Courts Annual Attorney Registration and Payment System . Use the Good Standing/Other Certificate tile to submit your request. The Quick Reference Guide provides step-by-step instructions for submitting a request. Guidance about how to submit an online Certificate of Good Standing request can be found at New Jersey Board of Bar Examiners - Admitted Attorneys . For technical assistance about accessing the system, contact the statewide call center at 609-421-6100 during business hours., Detailed Registration System Instructions, Attorney Registration, Videos, Documentation, Help System/Release Notes(R/N), https://www.youtube.com/watch?v=AXDXhQb0k-c Confirm or Update Contact Information Attorney Registration – Confirm or Update Contact Information Attorney Registration – Confirm or Update Contact Information Attorneys Registration Release Notes RN.01.20.26 Attorney Registration – Login and Begin Annual Registration Attorney Registration – Login and Begin Attorneys Registration Release Notes – Full Volume Release Notes – Full Volume Attorney Registration – Registration Statement Attorney Registration – Registration Statement attyregprobono.pdf Attorney Registration – Pro Bono Attorney Registration – CLE Compliance Attorney Registration – CLE Compliance CLE – Application for a Waiver or Extension Attorney Registration – CLE Waivers and Extensions Attorney Registration – Payment Attorney Registration – Payment Attorney Registration – Certificates of Insurance in Attorney Search Attorney Registration – Certificates of Insurance in Attorney Search Attorney Registration – Certificates of Insurance Upload for Attorneys Attorney Registration – Certificates of Insurance Upload for Attorneys Uploading a Certificate of Insurance - Firms Attorney Registration – Certificates of Insurance Upload for Firms Attorney Registration – Certificates of Insurance Upload for Insurance Agents Attorney Registration – Certificates of Insurance Upload for Insurance Agents Attorney Registration - Application for Cert of Good Standing, Etc. Attorney Registration - Application for Cert of Good Standing, Etc. Attorney Registration – Pro Hac Vice Attorneys Attorney Registration – Pro Hac Vice Attorneys Attorney Registration – In House Counsel Attorneys Attorney Registration – In House Counsel Attorneys Attorney Registration - CLE Reinstatement and Non Compliance Guide Attorney Registration - CLE Reinstatement and Non Compliance Guide Attorney Registration – Successor Attorney Registration – Successor , Employer Registration, Videos, Documentation, Help System / Release Notes (RN), https://www.youtube.com/watch?v=LbC_f3_z100 Update Employer Information Employer Registration – Update Employer Information Employer Registration – Update Employer Information Employer Registration - Release Notes RN.12.12.25 https://www.youtube.com/watch?v=-DeecDBHv8o Employer Payment Process Employer Registration – Employer Pay Employer Registration – Employer Pay Release Notes - Full Volume Employer Registration – Disassociate Attorneys Employer Registration – Disassociate Attorneys , Attorney Wellness, The New Jersey Supreme Court Committee on Wellness in the Law New Jersey Supreme Court Committee on Wellness in the Law, as established by Chief Justice Stuart Rabner in 2023, offers this online resource for attorneys, judges, law students, court staff, and all members of the legal community to access well-being supports., Frequently Asked Questions, See all of our Frequently Asked Questions - Annual Attorney Registration and Payment frequently asked questions about attorney registration.
- Tax Court of New Jersey, The Tax Court resolves disputes involving local property taxes, state income taxes, homestead rebates, and sales and business taxes., On This Page, Body, Overview of the Tax Court, Most tax cases must be decided by the New Jersey Division of Taxation or a county board of taxation before being filed in the Tax Court. See our self-help resources if you are representing yourself in a Tax Court matter. Presiding Judge of the Tax Court: Mala Sundar Tax Court Clerk/Administrator: Jeffrey T. Gallus Deputy Clerk: Naglaa Elsayed Information Technology: James Kopaczewski, Team A Judges:, Mala Sundar, P.J.T.C. Joan Bedrin Murray, J.T.C. Christine M. Nugent, J.T.C. Mark Cimino, J.T.C. Joseph M. Andresini, P.J.T.C. (on recall) Team Leader: Christine Parker, Team B Judges:, Mary Siobhan Brennan, J.T.C. Michael J. Duffy, J.T.C Joshua D. Novin, J.T.C. Michael J. Gilmore, J.T.C. Frederick C. Raffetto, J.T.C. Team Leader: Naglaa Elsayed Mailing Address:, Tax Court Management Office, Richard J. Hughes Justice Complex P.O. Box 972 Trenton, New Jersey 08625-0972 609-815-2922 ext. 54650 Hand Deliveries:, Tax Court, Richard J. Hughes Justice Complex 25 Market Street Trenton, New Jersey 08625 See the Tax Court Judges Directory Tax Court Judges Directory for Tax Court judges and law clerks., Filing Tax Court Cases in eCourts, All Tax Court cases must be filed in eCourts . Attorneys who already have an eCourts account can Log in log directly into eCourts. Attorneys who do not have an eCourts account can download and complete the attorney access verification form to request access. There is a separate eCourts login for clerks of county boards of taxation, municipal assessors, and municipal clerks. Download and complete the eCourts County and Municipal eCourts Access Request Form Tax Court case jacket access request form to request access and then users will be able to Log In log in . Public access to some Tax Court information is available through the Tax Court Case Jacket Tax Court Case Jacket . Self-represented litigants can use eCourts to file a Tax Court Complaint electronically. eCourts will automatically create most complaint forms and will serve the complaint on most parties. Please click on the First time eCourts user registration link under Self-Represented Litigants., Tax Court Filing Fees, File a motion in non-small claims matter, local or state tax, (No fee for motion in small claims matter, local or state), $50 Non-small claims Complaint Each additional Parcel or State Tax type $250 $50 Small claims Complaint Each additional Parcel or State Tax type $50 $10 Non-small claims Counterclaim (non-taxing district) Each additional Parcel or State Tax type $250 $50 Small claims Counterclaim (non-taxing district) Each additional Parcel or State Tax type $50 $10 Note: Municipalities do not pay a filing fee for a counterclaim., Tax Court Docketed Lists, These lists contain the Tax Court local property tax cases docketed as of the date on the report. They are sorted by county, and then by docket number. These lists are in Adobe PDF format, which has a search feature on the Adobe toolbar. You can locate your docket number by using all or part of the case title, block, lot, assessment year, or county. The All Docketed Tax Court Cases docketed lists of property tax and state tax cases are updated daily., Tax Court Resources, Published Tax Court Opinions Published Tax Court opinions and unpublished Tax Court opinions unpublished Tax Court opinions are also updated daily. Review the Rules Governing Practice in Tax Court Handbook Tax Court Rules Handbook for guidance on the Rules of Court governing practice in the Tax Court. See all Notices to the Bar related to the Tax Court. See all Forms forms and publications related to the Tax Court. Visit the New Jersey Division of Taxation website New Jersey Division of Taxation website or the New Jersey Association of County Tax Boards website New Jersey Association of County Tax Boards website . You can also find the New Jersey County Boards of Taxation Links board of taxation websites of these New Jersey counties:, Annual Reports:, Annual Report of the Tax Court 2025 Annual Report of the Tax Court 2025 Annual Report of the Tax Court 2024 Annual Report of the Tax Court 2024 Annual Report of the Tax Court 2023 Annual Report of the Tax Court 2023 Annual Report of the Tax Court 2022 Annual Report of the Tax Court 2022 Annual Report of the Tax Court 2021 Annual Report of the Tax Court 2021 Annual Report of the Tax Court 2020 Annual Report of the Tax Court 2020 Annual Report of the Tax Court 2019 Annual Report of the Tax Court 2019 Annual Report of the Tax Court 2018 Annual Report of the Tax Court 2018 Annual Report of the Tax Court 2017 Annual Report of the Tax Court 2017, Appeals, Transcripts and Recordings, Appeals of Tax Court decisions must be filed with the Appellate Division within 45 days of the date of the Tax Court decision. You will be required to pay for and submit a transcript as part of your appeal. Transcripts are the written record of exactly what was said during court. Request a transcript. You can also purchase an audio recording of your case for $10. The sound recording cannot be used for an appeal. To purchase a recording, complete the Sound Recording Request Form (Tax Court) Tax Court sound recording request form. Then, mail the completed form and a check or money order payable to Treasure, State of NJ, to: , Tax Court Management Office, P.O. Box 972 Trenton, New Jersey 08625-0972, Frequently Asked Questions, Does the Tax Court of New Jersey hold liens? No. Default judgments, liens, and Certificates of Debt are filed with the Superior Court of New Jersey. Please contact the , Superior Court Clerk's Office, at 609-421-6100 For liens involving the Motor Vehicle Commission, please contact the MVC Commission at 888-486-3339 (toll free in NJ) or 609-292-6500 (out of state). What are the procedures to withdraw a case from the Tax Court? If you have not received a trial date for your case, please contact the Tax Court Management Office at the numbers listed at bottom of this page. If you have received a trial date for your case, please contact the Tax Court Judge's Chambers listed on your trial notice. Other frequently requested State of New Jersey directory numbers for tax court: Inheritance tax information - 609-292-5033 . Foreclosure information - 609-292-7877 . Division of Taxation - Customer Service Center - 609-292-6400 . Property Tax Reimbursement (Senior Freeze) Hotline - 1-800-882-6597 . Can I represent myself (appear pro se) in Tax Court? Yes. The only restriction on appearing pro se is that a business other than sole proprietorship that must be represented by an attorney. See Limited Liability Partnerships for the Practice of Law Rule 1:21-1(c) . Please refer to the Tax Court main page and select the Tax Court Rules for more information. Where can I obtain information on Subpoenas? Rule of Court - 1:9 RULE 1:9. SUBPOENAS 1:9-1. For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall 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. If the witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party 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 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. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena. Follow the link below to obtain subpoena forms. Subpoena Ad Testificandum - Tax Court (Request Someone’s Testimony in Court) Subpoena Ad Testificandum (Request someone's testimony in court) Subpoena Duces Tecum - Tax Court (Request an Appearance or Documents) Subpoena Duces Tecum (Request an appearance or documents). What are the fees for filing in the Tax Court of New Jersey? The fees for filing a Local Property or State Tax Complaint are: Regular Complaint $250.00 for the first parcel or tax type $50 for any additional parcel or tax type Small Claims $50.00 for the first parcel or tax type $10 for any additional parcel or tax type Motion fee $50 (except small claims matters – no fee to file a motion). Are Notice forms available to file a motion with the Tax Court? Yes - Follow the link below to obtain the Notice of Motion Packet Notice of Motion Packet.