- File Notice - Attorneys Removed from the 2024 IOLTA Ineligible List – Notice Dated 09-09-25
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- Murder (Own Conduct), Passion/Provocation and Aggravated/Reckless Manslaughter - Word
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- 5:6B-Cost-Of-Living Adjustments For Child Support Orders 5:6B All orders and judgments that include child support entered, modified, or enforced on or after [the effective date of this rule] September 1, 1998 shall provide that the child support amount will be adjusted every two years to reflect the cost of living. Orders and judgments that include child support entered, modified, or enforced on or before August 31, 1998 shall be prospectively subject to adjustment every two years to reflect the cost of living. The cost-of-living adjustment shall be based on the average change in the Consumer Price Index for the metropolitan statistical areas that encompass New Jersey and shall be compounded. Before a cost-of-living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice. An obligor may contest the adjustment if the obligor's income has not increased at a rate at least equal to the rate of inflation as measured by the Consumer Price Index or if the order or judgment provides for an alternative periodic cost-of-living adjustment. A cost-of-living adjustment shall not impair the right of either parent to apply (1) to the court for a modification of support provisions of the order or judgment based on changed circumstances, or (2) to the State IV-D agency or its designee for a three-year review of a Title IV-D child support order, without the need to show changed circumstances. The forms and procedures to implement cost-of-living adjustments shall be prescribed by the Administrative Director of the Courts., Note:, Adopted July 10, 1998, to be effective September 1, 1998; text amended and allocated to paragraphs (a), (b), (c), (d), and (e) July 16, 2009 to be effective September 1, 2009. Part 5
- 5:7-1-Venue 5:7-1 Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents and without a forum available to dissolve the domestic partnership, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed. For purposes of this rule, for the dissolution of a civil union created in New Jersey in which both parties are now non-residents and without a forum available to dissolve the civil union, venue shall be laid in the county in which the civil union was solemnized., Note:, Source-R. (1969) 4:76. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; Rule 5:7 caption amended and Rule 5:7-1 text amended July 21, 2011 to be effective September 1, 2011; amended July 28, 2017 to be effective September 1, 2017. Part 5
- 5:6A-Child Support Guidelines 5:6A The guidelines set forth in Appendix IX of these Rules shall be applied when an application to establish or modify child support is considered by the court. The guidelines may be modified or disregarded by the court only where good cause is shown. Good cause shall consist of (a) the considerations set forth in Appendix IX-A, or the presence of other relevant factors which may make the guidelines inapplicable or subject to modification, and (b) the fact that an injustice would result from the application of the guidelines. In all cases, the determination of good cause shall be within the sound discretion of the court. A completed child support guidelines worksheet in the form prescribed in Appendix IX of these Rules shall be attached to any order or judgment that includes child support, whether calculated by the court or submitted to the court for approval. If a proposed child support award differs from the award calculated under the child support guidelines, the worksheet shall state the reason for the deviation and the amount of the award calculated under the child support guidelines. The order or judgment and child support guidelines worksheet shall be provided to the parties., Note:, Adopted May 9, 1986 to be effective immediately; amended November 7, 1988 to be effective January 2, 1989; amended May 13, 1997, to be effective December 1, 1997; amended July 31, 2025 to be effective September 1, 2025. Part 5
- 5:7-2-Application Pendente Lite 5:7-2, Support Pendente Lite., Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in a form prescribed by the Administrative Director of the Courts pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date. , Restraints; Contempt; Enforcement., If pendente lite relief is sought, by way of preliminary restraint, to hold a party in contempt or to enforce litigant's rights, the application shall be by motion or order to show cause., Note:, Source-R. (1969) 4:79-3(a), (b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended January 10, 1984, to be effective April 1, 1984; paragraph (b) caption and text amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 31, 2025 to be effective September 1, 2025. Part 5
- 5:6-7-Separate Maintenance 5:6-7 An action for separate maintenance pursuant to N.J.S.A. 2A:34-24 shall be brought as a summary action unless designated as non-summary in nature by the Family Part Presiding Judge. When the response to the original Complaint for Separate Maintenance contains a counterclaim for divorce, dissolution of civil union or termination of domestic partnership, the action shall immediately be transferred to the dissolution (FM) docket without the need for a formal motion., Note:, Adopted July 28, 2004 to be effective September 1, 2004; amended July 21, 2011 to be effective September 1, 2011. Part 5
- 5:6-8-Affidavit or Certification of Non-Military Service 5:6-8 In every summary action and proceeding for support, no order shall be entered by default unless an affidavit or certification of non-military service is provided to the court, as provided in R. 1:5-7. The forms and procedures to implement the provisions of this rule shall be prescribed by the Administrative Director of the Courts., Note:, Adopted June 15, 2007 to be effective September 1, 2007. Part 5
- 5:6-4-Interstate Support 5:6-4 Matters originating under N.J.S.A. 2A:4-30.124 to 2A:4-30.201 inclusive (Uniform Interstate Family Support Act), shall be scheduled in the same manner as other Family cases and shall be heard expeditiously., Note:, Source-R. (1969) 5:5-5. Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended May 25, 1999 to be effective July 1, 1999; amended July 28, 2017 to be effective September 1, 2017. Part 5
- 5:6-5-Enforcement of Orders 5:6-5 Support orders may be enforced and proceeded upon in accordance with R. 1:10-3 and the applicable provisions of R. 5:3-7, R. 5:7-5, and R. 5:7-6., Note:, Source-R. (1969) 5:6-4. Adopted December 20, 1983, to be effective December 31, 1983; amended June 15, 2007 to be effective September 1, 2007. Part 5
- 4:69-6-Limitation on Bringing Certain Actions 4:69-6, General Limitation., No action in lieu of prerogative writs shall be commenced later than 45 days after the accrual of the right to the review, hearing or relief claimed, except as provided by paragraph (b) of this rule. , Particular Actions., No action in lieu of prerogative writs shall be commenced to contest or question any election under N.J.S. 18A:24-12 or N.J.S. 18A:24- 29, after 15 days from the date of such election; or to review an assessment or award made for any municipal improvement after 30 days from the date of the confirmation of such assessment or award; or to review a determination of a planning board or board of adjustment, or a resolution by the governing body or board of public works of a municipality approving or disapproving a recommendation made by the planning board or board of adjustment, after 45 days from the publication of a notice once in the official newspaper of the municipality or a newspaper of general circulation in the municipality, provided, however, that if the determination or resolution results in a denial or modification of an application, after 45 days from the publication of the notice or the mailing of the notice to the applicant, whichever is later. The notice shall state the name of the applicant, the location of the property and in brief the nature of the application and the effect of the determination or resolution (e.g., "Variance-Store in residential zone denied"), and shall advise that the determination or resolution has been filed in the office of the board or the municipal clerk and is available for inspection; or to review an ordinance, authorizing the construction of a railroad siding or sidings, or an ordinance or resolution for a public improvement in any municipality, after 30 days from the date of the passage or adoption of such ordinance or resolution; or any action in relation to joint sewers or disposal plants after 30 days from the date of the taking of the proceeding sought to be reviewed, or after the lapse of 30 days from the entry of the order of the court confirming the assessment; or to review any decision of a board of chosen freeholders refusing or granting a permit to erect a building in the bed of any highway after 30 days from the filing of the decision in the office of the board; or in any action under N.J.S.A. 54:5-104.29 to 104.71, inclusive, as amended (In Rem Tax Foreclosure Act), unless an answer has been filed within the time limited, nor after the expiration of 2 months from the filing of an answer denying the validity of the tax lien for which the lands were sold and certificate issued, or denying the legality of the proceedings to sell the lands, or denying the legality of the sale; or to review a sale of land to enforce an assessment or tax, or a sale where assessments and taxes have been included together, after 18 months from the date of the sale, but this limitation shall not apply to proceedings taken after the sale, by the purchaser or holder of the tax sale certificate, under a statute to procure a deed or perfect title; or in the absence of fraud, to contest or set aside the tax sale certificate, notice and affidavit of service recorded as a deed, after 2 years from the date of their record; or to review an ordinance for an improvement after the contract therefor shall have been awarded; or to review any resolution or ordinance authorizing the issuance of notes or bonds of any municipality or other political subdivision, after 20 days from the date of the first publication thereof following final passage., Note, : Source-R.R. 4:88-15(a) (b)(1)(2)(3)(4)(5)(6)(8)(9) (10)(11)(12) (c). Paragraph (b)(1) amended July 7, 1971 to be effective September 13, 1971; paragraph (b)(3) amended November 2, 1987 to be effective January 1, 1988. Part 4
- 4:70-1-Applicability; Scope 4:70-1, Generally., Except as otherwise provided by paragraph (b) of this rule, an action to enforce a civil penalty imposed by any statute or ordinance providing for its collection or enforcement by a civil proceeding shall be brought as a summary action in the Law Division pursuant to R. 4:67 unless the statute requires a plenary action. The complaint may include a count for injunctive or other relief based on the same transaction or series of actions or similar violations as those for which the penalty is sought. , Administrative Orders., If a state administrative agency has assessed a civil penalty after affording the person assessed an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the final order of the agency shall be appealable to the Appellate Division pursuant to R. 2:2-3(a)(2). At the agency's request, the order shall be docketed by the Clerk of the Superior Court on the civil docket pursuant to R. 4:100 or the civil judgment and order docket, R. 4:101, or both, and shall thereafter have the same effect as a docketed judicial judgment or order., Note, : Source -- R.R. 4:89, 5:2-6(a) (c) (first sentence), 7:13-1, 7:14. Amended July 14, 1972 to be effective September 5, 1972; former rule redesignated paragraph (a) and paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (a) amended July 12, 2002 to be effective September 3, 2002; caption amended, captions added to paragraphs (a) and (b), former text of paragraphs (a) and (b) deleted, and new text for paragraphs (a) and (b) adopted July 28, 2004 to be effective September 1, 2004. Part 4
- 4:69-4-Filing and Management for Actions in Lieu of Prerogative Writs 4:69-4 The filing of the complaint shall be accompanied by a certification that all necessary transcripts of local agency proceedings in the cause have been ordered. All actions in lieu of prerogative writs will be assigned to Track IV. Within 30 days after joinder and in order to expedite the disposition of the action the managing judge shall conduct a conference, in person or by telephone, with all parties to determine the factual and legal disputes, to mark exhibits and to establish a briefing schedule. The scope and time to complete discovery, if any, will be determined at the case management conference and memorialized in the case management order. At least five days in advance of the conference, each party shall submit to the managing judge a statement of factual and legal issues and an exhibit list., Note, : Former Rule 4:69-4 deleted November 27, 1974 to be effective April 1, 1975. New caption and rule adopted July 3, 2000 to be effective September 5, 2000; amended July 28, 2004 to be effective September 1, 2004. Part 4
- 4:69-1-Actions in Superior Court, Law Division 4:69-1 Review, hearing and relief heretofore available by prerogative writs and not available under R. 2:2-3 or R. 8:2 shall be afforded by an action in the Law Division, Civil Part, of the Superior Court. The complaint shall bear the designation "In Lieu of Prerogative Writs"., Note, : Source-R.R. 4:88-2 (first sentence), 4:88-3 (second sentence). Amended June 20, 1979 to be effective July 1, 1979; amended July 12, 2002 to be effective September 3, 2002. Part 4