- Expected Opinions, Search for upcoming expected opinions. Court - Any - Supreme Appellate Trial Tax Rule Hearing Publication Status - Any - Published Unpublished Search Apply Filters, Expected opinions for release on June 16, 2025, In re the Matter Concerning the State Grand Jury (089571) (Mercer County and Statewide) A-15-24 Supreme No Published Appellate Court opinions reported THE PALISADES LLC, ETC. VS. KAZUE KOIZUMI, ET AL. (SC-000378-22, BERGEN COUNTY AND STATEWIDE) A-0446-22 Unpublished Appellate STATE OF NEW JERSEY VS. NAKIRA M. GRINER (19-06-0537, CUMBERLAND COUNTY AND STATEWIDE) A-2381-22 Unpublished Appellate ANDREW COLLINS, ET AL. VS. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIR LAWN, ET AL. (L-6531-21, BERGEN COUNTY AND STATEWIDE) A-3525-22 Unpublished Appellate J.S. VS. J.E.S. (FM-15-1345-18, OCEAN COUNTY AND STATEWIDE) A-3987-22 Unpublished Appellate AHMET DERYA VS. SEDEF GULSAN (L-1265-20, MERCER COUNTY AND STATEWIDE) A-0669-23 Unpublished Appellate STATE OF NEW JERSEY VS. MICHAEL J. HANSEN (17-10-0713, HUDSON COUNTY AND STATEWIDE) A-2195-23 Unpublished Appellate 360 PARKER STREET LLC VS. EVA SOTO (LT-002025-24, ESSEX COUNTY AND STATEWIDE) A-2837-23 Unpublished Appellate STATE OF NEW JERSEY VS. THOMAS R. SANTO (22-11-1117 AND 24-02-0134, MIDDLESEX COUNTY AND STATEWIDE) A-3237-23 Unpublished Appellate DCPP VS. M.R. AND A.P., IN THE MATTER OF THE GUARDIANSHIP OF A.P.R., JR. (FG-13-0032-24, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3568-23 Unpublished Appellate GREGORY BECK VS. CATHY BECK (DC-004370-24, MORRIS COUNTY AND STATEWIDE) A-3579-23 Unpublished Appellate ALLSTATE INSURANCE COMPANY, ET AL. VS. ROBERT MATTURRO, D.C., ET AL. (L-2707-20, BERGEN COUNTY AND STATEWIDE) A-0711-24 Unpublished Appellate IN THE MATTER OF T.W. (ML-07-05-0078, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3465-23 Unpublished Appellate No Published Tax Court opinions reported No Unpublished Tax Court opinions reported No Published Trial Court opinions reported No Unpublished Trial Court opinions reported
- Assignment Judges and Trial Court Administrators, Name Address Contact Atlantic/Cape May Sheppard, M. Susan Assignment Judge Atlantic/Cape May Atlantic County Civil Courts Building 1201 Bacharach Blvd. Atlantic City, New Jersey 08401 Phone: 609-402-0100 ext. 47250 Atlantic/Cape May Houck, Jill Trial Court Administrator Atlantic/Cape May Atlantic County Civil Courts Building 1201 Bacharach Blvd. Atlantic City, New Jersey 08401 Phone: 609-402-0100 ext. 47210 Bergen Novey Catuogno, Carol V. Assignment Judge Bergen Bergen County Justice Center 10 Main Street Hackensack, New Jersey 07601 Phone: 201-221-0700 ext. 25271 Bergen Walsh-Wood, Kerri Lynn Trial Court Administrator Bergen Bergen County Justice Center 10 Main Street Hackensack, New Jersey 07601 Phone: 201-221-0700 ext. 25102 Burlington Cook, Terrence R. Assignment Judge Burlington Burlington County Court Facility 49 Rancocas Road Floor 6 Mount Holly, New Jersey 08060 Phone: 609-288-9500 ext. 38800 Burlington Rivera, Alba R. Trial Court Administrator Burlington Burlington County Court Facility 49 Rancocas Road Mount Holly, New Jersey 08060 Phone: 609-288-9500 ext. 38001 Burlington VACANT Civil Judge Burlington Burlington County Court Facility 49 Rancocas Road Floor 6 Mount Holly, New Jersey 08060 Phone: 609-288-9500 ext. 38800 Camden Silverman Katz, Deborah Assignment Judge Camden Camden County Hall of Justice 101 South 5th Street Camden, New Jersey 08103 Phone: 856-650-9100 ext. 43030 Camden Lore, Colleen P. Trial Court Administrator Camden Camden County Hall of Justice 101 South 5th Street Camden, New Jersey 08103 Phone: 856-650-9100 ext. 43030 Cumberland/Gloucester/Salem Telsey, Benjamin C. Assignment Judge Cumberland/Gloucester/Salem Gloucester County Justice Complex 70 Hunter Street Woodbury, New Jersey 08096 Phone: 856-878-5050 ext. 15156 Cumberland/Gloucester/Salem Corter, Jason Trial Court Administrator Cumberland/Gloucester/Salem Gloucester County Justice Complex 70 Hunter Street Woodbury, New Jersey 08096 Phone: 856-878-5050 ext. 15156 Essex Venable, Sheila A. Assignment Judge Essex Essex County Dr. Martin Luther King, Jr. Justice Building 495 Dr. Martin Luther King, Jr. Blvd. Newark, New Jersey 07102 Phone: 973-776-9280 Essex Wingren III, Edward D. Trial Court Administrator Essex Essex County Veterans Courthouse 50 West Market Street Floor 5 Newark, New Jersey 07102 Phone: 973-776-9300 ext. 55700 Hudson Katz, David B. Assignment Judge Hudson Hudson County Administration Bldg 595 Newark Avenue Suite/Room 908, Floor 9 Jersey City, New Jersey 07306 Phone: 201-748-4400 ext. 60717 Hudson Galligan, Kimberly Trial Court Administrator Hudson Hudson County Administration Bldg 595 Newark Avenue Jersey City, New Jersey 07306 Phone: 201-748-4400 ext. 66606 Mercer Lougy, Robert T. Assignment Judge Mercer Mercer County Criminal Courthouse 400 South Warren Street Trenton, New Jersey 08650-0068 Phone: 609-571-4200 Mercer VACANT Trial Court Administrator Mercer Mercer County Criminal Courthouse 400 South Warren Street Trenton, New Jersey 08650-0068 Phone: 609-571-4200 Mercer Coleman, Richelle A. Trial Court Administrator Mercer Mercer County Criminal Courthouse 400 South Warren Street Trenton, New Jersey 08650-0068 Phone: 609-571-4200 ext. 74910 Middlesex Toto, Michael A. Assignment Judge Middlesex Middlesex County Courthouse 56 Paterson Street New Brunswick, New Jersey 08903-0964 Phone: 732-645-4300 ext. 88019 Middlesex Lambard, Greg Trial Court Administrator Middlesex Middlesex County Courthouse 56 Paterson Street New Brunswick, New Jersey 08903-0964 Phone: 732-645-4300 ext. 88019 Pagination 1 Go to page 2 2 Go to next page > Next page Showing 1 to 20 of 32 items
- Benefits, Working for the NJ Judiciary offers the benefits of being a state employee. The following resources showcase available benefits., Competitive Salaries, NJ Judiciary offers competitive salaries for law clerks. The law clerk salaries for the 2025-2026 Court Term are: Supreme Court: $79,456 Superior Court Appellate Division: $72,540 Superior Court Assignment Judge: $66,508 Superior Court Chancery Division (General Equity): $66,508 Superior Court Law Division (Civil, Criminal and Family): $61,256 Tax Court: $61,256, Health Insurance Offering, All full-time state employees and judges are eligible for the State Health Benefits Program. The program includes options for health, dental, and prescription coverage. Visit the Treasury Department website Treasury Department website to discover the plans available., Public Employees' Retirement System, Full-time state employees are enrolled in the Public Employees’ Retirement System, with a few exceptions. Visit the Treasury Department's Division of Pensions and Benefits page Division of Pensions and Benefits page for more information., Federal Student Loan Forgiveness, Full-time state employees of 10 years or more can Student Loan Forgiveness apply for student loan forgiveness . The program only applies to direct federal student loans. It is part of the William D. For Federal Direct Loan Program., Deferred Compensation Plan, Working for the state empowers you to plan for your future on your terms. Full-time state employees can join the New Jersey State Employee Deferred Compensation Plan New Jersey State Employee Deferred Compensation Plan . It provides broad flexibility in contribution amounts and asset allocation. The plan offers options for both pre-tax contributions and Roth after-tax contributions., Supplemental Investments, In addition to the standard pension plan, state employees can invest even more into retirement. The Supplemental Annuity Collective Trust of New Jersey (SACT) allows you to defer income. The trust is a conservative stock market investment. Discover more information on the volunteer program Discover more information on the volunteer program., Tax Savings Programs, State employees can take advantage of two important tax savings plans. The Tax$ave plan lets you set aside pre-tax dollars to pay certain medical, dental, and dependent care costs. The Commuter Tax$ave plan lets you set aside pre-tax dollars to pay for mass transit and commuter parking expenses. You will not have to pay federal taxes on these funds. Tax Savings Plan Discover how to enroll in these plans ., College Savings Plan, Full-time state employees are eligible to join the College Savings Plan NJBest 529 College Savings Plan . A 529 plan allows your contributions to grow free from federal income tax. The plan is only eligible for post-secondary education.
- Small Claims Court, 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., 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, 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. 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., 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.
- Briefs from Argued Cases, Search Start End Apply Filters A-2058-23 FANG LIU VS. AFFINITY CARE OF NJ, ET AL. (L-2170-21, HUDSON COUNTY AND STATEWIDE) Briefs A-2058-23 Briefs A-2058-23 Briefs Close Argued: May 28, 2025 A-2112-23 JOSH VADELL, ET AL. VS. ATLANTIC CITY, ET AL. (L-2900-18, ATLANTIC COUNTY AND STATEWIDE) Briefs A-2112-23 Briefs A-2112-23 Briefs Close Argued: May 22, 2025 A-3926-22 STATE OF NEW JERSEY VS. CHESTER O. RINES (21-07-0717, BURLINGTON COUNTY AND STATEWIDE) Briefs A-3926-22 Briefs A-3926-22 Briefs Close Argued: May 22, 2025 A-3590-23 PAUL SOBOTOR VS. MT. ARLINGTON HOLDINGS, LLC. Briefs A-3590-23 Briefs A-3590-23 Briefs Close Argued: May 22, 2025 A-3693-23 MARTHA MIQUEO, VS. 300 SYLVAN AVE ASSOCIATES, LLC, PERSISTENCE AND SUCCESS, LLC AND CARMEN GOENAGA Briefs A-3693-23 Briefs A-3693-23 Briefs Close Argued: May 21, 2025 A-1397-23 NOAH MOSELY VS. STATE OF NEW JERSEY, COUNTY OF MIDDLESEX, TOWNSHIP OF EDISON, ANDREW CAREY, TZVI DOLINGER, ET AL. Briefs A-1397-23 Briefs A-1397-23 Briefs Close Argued: May 20, 2025 A-2537-23 MICHAEL SHAW VS. TOWN OF KEARNY, COUNTY OF HUDSON, STATE OF NEW JERSEY, ET AL. Briefs A-2537-23 Briefs A-2537-23 Briefs Close Argued: May 20, 2025 A-2268-23 WESTFIELD ADVOCATES FOR RESPONSIBLE DEVELOPMENT, ET AL. VS. TOWN OF WESTFIELD, ET AL. Briefs A-2268-23 Briefs A-2268-23 Briefs Close Argued: May 20, 2025 A-3860-23 BEACH HAVEN AUTOMOTIVE, INC. VS. BOROUGH OF BEACH HAVEN, ET AL. (L-2290-23, OCEAN COUNTY AND STATEWIDE) Briefs A-3860-23 Briefs A-3860-23 Brief Close Argued: May 19, 2025 A-2785-23 ALLEN J. SATZ VS. KESHET STARR, ET AL. (L-5596-23, BERGEN COUNTY AND STATEWIDE) Briefs A-2785-23 Briefs A-2785-23 Briefs Close Argued: May 15, 2025 A-2494-23 JEFFREY S. FELD, ESQ., VS. THE TOWNSHIP OF MILLBURN, ET AL Briefs A-2494-23 Briefs A-2494-23 Briefs Close Argued: May 14, 2025 A-2804-22 STATE OF NEW JERSEY VS. MARQUISE HAWKINS Briefs A-2804-22 Briefs A-2804-22 Briefs Close Argued: May 14, 2025 A-3446-23 LVNV FUNDING LLC VS. CAROLINE COSTELLO Briefs A-3446-23 Briefs A-3446-23 Briefs Close Argued: May 14, 2025 A-1232-23 WOODBRIDGE NJ HOLDINGS, LLC VS. WHIBY 13 WOODBRIDGE, LLC (LT-005021-20, MIDDLESEX COUNTY AND STATEWIDE) Briefs A-1232-23 Briefs A-1232-23 Briefs Close Argued: May 13, 2025 A-3616-20 IN THE MATTER OF PROPOSED CONSTRUCTION OF COMPRESSOR STATION (CS327), OFFICE BUILDING AND APPURTENANT STRUCTURES, HIGHLANDS APPLICABILITY DETERMINATION, ET AL. Briefs A-3616-20 Briefs A-3616-20 Briefs Close Argued: May 13, 2025 A-0823-24 STATE OF NEW JERSEY VS. ROGER E. MEJIA (23-12-0299, SUSSEX COUNTY AND STATEWIDE) Briefs A-0823-24 Briefs A-0823-24 Briefs Close Argued: May 13, 2025 A-3586-23 NJ PROPERTYLINK LLC, ET AL. VS. ADT CORPORATION, ET AL. (L-0451-23, SUSSEX COUNTY AND STATEWIDE) Briefs A-3586-23 Briefs A-3586-23 Briefs Close Argued: May 13, 2025 A-1036-23 MARY ROSE 22, LLC VS. BLOCK 270, LOT 14 65 CLAREMONT AVE, ET AL. (F-006378-22, ESSEX COUNTY AND STATEWIDE) Briefs A-1036-23 Briefs A-1036-23 Briefs Close Argued: May 13, 2025 A-2975-23 608-610 MULLICA HILL ROAD, LLC AND MJS ENTERPRISES, INC. VS. CUMBERLAND COUNTY IMPROVEMENT AUTHORITY Briefs A-2975-23 Briefs A-2975-23 Briefs Close Argued: May 13, 2025 A-2486-23 LYNETTE JOHNSON VS. CITY OF EAST ORANGE; ANNMARIE CORBITT, IN HER OFFICIAL CAPACITY AS COLLECTOR OF TAXES, AND TED R. GREEN, IN HIS OFFICIAL CAPACITY AS MAYOR OF EAST ORANGE Briefs A-2486-23 Briefs A-2486-23 Briefs Close Argued: May 8, 2025 Pagination 1 Go to page 2 2 Go to page 3 3 Go to last page 27 Last page Go to next page > Next page Showing 1 to 20 of 537 items
- Recent Arguments Before the Supreme Court, We welcome your questions or feedback about the Supreme Court Webcasts. Please email us at Webcast.Mailbox@njcourts.gov . If you require a caption file of a below webcast, please email us at WebMaster.Mailbox@njcourts.gov . Webcasts also are available, along with appeal summaries and other case-related information, on the Supreme Court Appeals page. Watch the Court’s remarks commemorating the final oral argument sessions for Justice Jaynee LaVecchia , Justice Faustino J. Fernandez-Vina , Justice Barry T. Albin , and Justice Lee A. Solomon . Watch the Memorial remarks for Justice Coleman and Justice Handler Memorial Justice James H. Coleman Jr. and Justice Coleman and Justice Handler Memorial Justice Alan B. Handler ., Oral Argument Videos Forthcoming, May 28, 2025, Rules Hearing Argued, Webcast Archive, April 29, 2025, A-25-24 States Newsroom Inc. v. City of Jersey City (089943) A-25-24 A-25-24 Audio for A-25-24 Close A-40-24 Donald Whiteman v. Township Council of Berkeley Township (089641) A-40-24 A-40-24 Audio for A-40-24 Close Briefs: A-40-24 Petition for Certification A-40-24 Respondent Brief A-40-24 Reply Brief A-20-24 State v. Delshon J. Taylor Jr. (089386) A-20-24 A-20-24 Audio for A-20-24 Close Briefs: A-20-24 Petition for Certification A-20-24 Respondent Brief Letter A-20-24 Appellate Division Brief A-20-24 Supplemental Appellant Brief A-20-24 Supplemental Respondent Brief A-20-24 Amicus Curiae Brief Attorney General A-20-24 Response to Amicus Curiae Brief Letter A-20-24 Amicus Curiae Brief Association of Criminal Defense Lawyers of New Jersey A-20-24 Amicus Curiae Brief American Civil Liberties Union of New Jersey, April 28, 2025, A-15-24 In re the Matter Concerning the State Grand Jury (089571) A-15-24 A-15-24 Audio for A-15-24 Close Briefs: A-15-24 Petition for Certification A-15-24 Respondent Brief A-15-24 Reply Brief A-15-24 Supplemental Appellant Brief A-15-24 Supplemental Respondent Brief A-15-24 Post-Argument Submission by Diocese of Camden A-21-24 Gerald Fazio Jr. v. Altice USA (089744) A-21-24 A-21-24 Audio for A-21-24 Close Briefs: A-21-24 Petition for Certification A-21-24 Respondent Brief A-21-24 Supplemental Respondent Brief A-21-24 Supplemental Appellant Brief and Appellant Response to Amicus Curiae Briefs A-21-24 Amicus Curiae Brief New Jersey Civil Justice Institute A-21-24 Amicus Curiae Brief New Jersey Association for Justice A-21-24 Amicus Curiae Brief National Employment Lawyers Association of New Jersey A-21-24 Respondents Response to Amicus Curiae Briefs D-70-24 IMO Michael A. Mishaan (090356) D-70-24 D-70-24 Audio for D-70-24 Close, April 1, 2025, A-16-24 Englewood Hospital & Medical Center v. The State of New Jersey (089696) A-16-24 A-16-24 Audio for A-16-24 Close Briefs: A-16-24 Petition For Certification A-16-24 Respondent Brief Letter A-16-24 Reply Brief A-16-24 Supplemental Appellant Brief A-16-24 Supplemental Respondent Brief A-16-24 Supplemental Reply Brief A-16-24 Amicus Curiae Brief A-16-24 Appellant Response To Amicus Brief, March 31, 2025, A-33-24 In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638 (090076) A-33-24 A-33-24 Audio for A-33-24 Close Briefs: A-33-24 Petition For Certification A-33-24 Respondent Brief A-33-24 Reply Brief A-33-24 Amicus Curiae Brief A-33-24 Appellant Response To Amicus Brief A-30-24 Mirza M. Bulur v. The New Jersey Office of the Attorney General (090126) A-30-24 A-30-24 Part 1 Audio for A-30-24 Part 1 A-30-24 Part 2 Audio for A-30-24 Part 2 Close Briefs: A-30-24 Petition For Certification A-30-24 Respondent Brief A-30-24 Reply Brief A-30-24 Amicus Curiae Brief New Jersey State Association Of Chiefs Of Police A-30-24 Amicus Curiae Brief New Jersey State League Of Municipalities A-30-24 Amicus Curiae Brief American Civil Liberties Union Of New Jersey A-30-24 Amicus Curiae Brief Certain Former Attorneys General Of New Jersey A-30-24 Amicus Curiae Brief The New Jersey State Policemen's Benevolent Association A-30-24 Amicus Curiae Brief Letter New Jersey Institute Of Local Government Attorneys A-30-24 Amicus Curiae Brief Chief J. Scott Thomson Et Al, March 17, 2025, A-22-24 Keith Isaac (deceased) v. Board of Trustees, Police and Firemen’s Retirement System (089370) A-22-24 A-22-24 Audio for A-22-24 Close Briefs: A-22-24 Petition For Certification A-22-24 Respondent Brief Letter A-22-24 Appellant Brief Letter A-17-24 State v. Zaire J. Cromedy (089188) A-17-24 A-17-24 Audio for A-17-24 Close Briefs: A-17-24 Petition For Certification A-17-24 Respondent Brief Letter A-17-24 Supplemental Appellant Brief A-17-24 Supplemental Respondent Brief A-17-24 Amicus Curiae Brief Letter A-17-24 Respondent Response To Amicus Brief A-19-24 Borough of Englewood Cliffs v. Thomas J. Trautner (089406) A-19-24 A-19-24 Audio for A-19-24 Close Briefs: A-19-24 Petition For Certification A-19-24 Respondent Brief A-19-24 Respondent Brief Letter A-19-24 800 Sylvan Avenue Brief Letter A-19-24 Reply Brief A-19-24 Amicus Curiae Brief Letter A-19-24 Attorney General Amicus Curiae Brief A-19-24 Appellant Response To Amicus Curiae Brief Letter A-19-24 Respondent Response To Amicus Curiae, March 4, 2025, A-14-24 Bank of America, N.A. v. Thomas Maher (089438) A-14-24 A-14-24 Audio for A-14-24 Close Briefs: A-14-24 Petition of Certification A-14-24 Respondent Brief A-14-24 Amicus Curiae Brief A-18-24 State v. Shawn M. Fenimore (089786) A-18-24 A-18-24 Part-1 Audio for A-18-24 Part-1 A-18-24 Part-2 Audio for A-18-24 Part-2 Close Briefs: A-18-24 Petition for Certification A-18-24 Respondent Brief Letter A-18-24 Appellate Division Brief A-18-24 Supplemental Appellant Brief A-18-24 Supplemental Respondent Brief A-18-24 Amicus Curiae Brief the Association of Criminal Defense Lawyers of NJ A-18-24 Amicus Curiae Brief American Civil Liberties Union of NJ, March 3, 2025, A-13-24 State v. John T. Bragg (089446) A-13-24 A-13-24 Audio for A-13-24 Close Briefs: A-13-24 Petition for Certification A-13-24 Respondent Brief Letter A-13-24 Appellate Division Brief A-13-24 Supplemental Appellant Brief A-13-24 Amicus Curiae Brief A-13-24 Supplemental Respondent Brief A-6-24 Charles Kratovil v. City of New Brunswick (089427) A-6-24 A-6-24 Part-1 Audio for A-6-24 Part-1 A-6-24 Part-2 Audio for A-6-24 Part-2 Close Briefs: A-6-24 Petition for Certification A-6-24 Respondent Brief A-6-24 Amicus Curiae State Lodge of the Fraternal Order of the Police A-6-24 Amicus Curiae NJ State Policemen's Benevolent Association A-6-24 Amicus Curiae the State Troopers Fraternal Association of NJ A-6-24 Amicus Curiae Brief Letter County Prosecutors Association of NJ A-6-24 Appellate Division Amicus Curiae Brief Letter County Prosecutors Association of NJ A-6-24 Amicus Curiae NJ State Association of Chiefs of Police A-6-24 Amicus Curiae Letter the Reporters Committee for Freedom of the Press A-6-24 Appellate Division Amicus Curiae Brief the Reporters Committee for Freedom of the Press A-6-24 Amicus Curiae Foundation for Individual Rights and Expression A-6-24 Amicus Curiae Attorney General A-6-24 Supplemental Appellant Brief A-6-24 Supplemental Respondent Brief, Feb. 3, 2025, A-8-24 Rosalyn Musker v. Suuchi, Inc. (089665) A-8-24 A-8-24 Audio for A-8-24 Close Briefs: A-8-24 Brief In Support Of Motion A-8-24 Answering Brief A-8-24 Amicus Curiae Brief National Employment Lawyer Association New Jersey A-8-24 Amicus Curiae Brief New Jersey Department Of Labor And Workforce Development A-8-24 Amicus Curiae Brief Seton Hall University School Of Law Center For Social Justice A-12-24 Fred Krug v. New Jersey State Parole Board (089603) A-12-24 A-12-24 Part-1 Audio for A-12-24 Part-1 A-12-24 Part-2 Audio for A-12-24 Part-2 Close Briefs: A-12-24 Petition For Certification A-12-24 Respondent Brief Letter A-12-24 Supplemental Appellant Brief A-12-24 Supplemental Respondent Brief A-12-24 Supplemental Appellant Reply Brief A-12-24 Association Of Criminal Defense Lawyers Of New Jersey Amicus Curiae Brief A-12-24 Aclu Amicus Curiae Brief A-3/4/5-24 State v. Ebenezer Byrd; State v. Jerry J. Spraulding; State v. Gregory A. Jean-Baptiste (089469) A-3/4/5-24 A-3/4/5-24 Audio for A-3/4/5-24 Close Briefs: A-3/4/5-24 Petition For Certification Spraulding A-3/4/5-24 Petition For Certification Byrd A-3/4/5-24 Petition For Certification Jean-Baptiste A-3/4/5-24 Respondent Brief Letter Spraulding A-3/4/5-24 Appellate Brief Spraulding A-3/4/5-24 Respondent Brief Letter Byrd A-3/4/5-24 Appellate Brief Byrd A-3/4/5-24 Respondent Brief Letter Jean-Baptiste A-3/4/5-24 Appellate Division Brief Jean Baptiste A-3/4/5-24 Supplemental Appellant Brief Spraulding A-3/4/5-24 Supplemental Appellant Brief Byrd A-3/4/5-24 Supplemental Appellant Brief Jean-Baptiste A-3/4/5-24 Supplemental Respondent Brief A-3/4/5-24 Amicus Curiae Brief Attorney General A-3/4/5-24 Amicus Curiae Seton Hall University School Of Law Center For Social Justice D-136-23 IMO Toshisada Onishi (089791) D-136-23 Audio Close D-28-24 IMO Paul O. Paradis (089961) D-28-24 D-28-24 Audio for D-28-24 Close, Jan. 7, 2025, A-7-24 New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor Company (089378) A-7-24 A-7-24 Audio for A-7-24 Close Briefs: A-7-24 Petition for Certification A-7-24 Respondent Brief A-7-24 Reply Brief A-1-24 M.A v. J.H.M. (089673) A-1-24 A-1-24 Audio for A-1-24 Close, Jan. 6, 2025, A-2-24 Salve Chipola, III v. Sean Flannery (088836) A-2-24 A-2-24 Audio for A-2-24 Close Briefs: A-2-24 Petition for Certification A-2-24 Respondent Brief A-2-24 Amicus Curiae A-2-24 Respondent Response to Amicus Curiae A-10/11-24 Jersey City United Against the New Ward Map v. Jersey City Ward Commission (089292) A-10/11-24 A-10/11-24 Audio for A-10/11-24 Close Briefs: A-10/11-24 Jersey City United Against the New Ward Map Petition for Certification A-10/11-24 James Calderon Petition for Certification A-10/11-24 Respondent Response to Jersey City United Against the New Ward Map A-10/11-24 Respondent Response to James Calderon A-10/11-24 Jersey City United Against the New Ward Map Reply Brief A-10/11-24 ACLU Amicus Curiae Brief A-10/11-24 League of Women Voters of New Jersey Amicus Curiae Brief A-10/11-24 New Jersey Association of Election Officials Amicus Curiae Brief A-10/11-24 City of Jersey City and Councilman at Large Daniel Rivera Amicus Curiae Brief A-10/11-24 Electoral Innovation Lab Amicus Curiae Brief A-10/11-24 New Jersey League of Municipalities et. al. Amicus Curiae Brief A-10/11-24 Respondent Response to ACLU Amicus Curiae Brief A-10/11-24 Respondent Response to Electoral Innovation Lab Amicus Curiae Brief A-10/11-24 Respondent Response to League of Women Voters Amicus Curiae Brief A-10/11-24 Jersey City United Against the New Ward Map Response to Amici Curiae Briefs D-10-24 IMO Conrad J. Benedetto (089868) D-10-24 D-10-24 Audio for D-10-24 Close D-95-23 IMO Patrick Michael Megaro (089376) D-95-23 D-95-23 Audio for D-95-23 Close D-1-24 IMO Daniel A. Frischberg (089833) D-1-24 D-1-24 Audio for D-1-24 Close, Nov. 18, 2024, A-53-23 M.R. v. New Jersey Department of Corrections (089371) A-53-23 A-53-23 Audio for A-53-23 Close Briefs: A-53-23 Petition for Certification A-53-23 Respondent Brief letter A-53-23 Supplemental Appellant Brief A-53-23 Supplemental Respondent Brief A-53-23 Amicus Curiae Brief A-53-23 Respondent response to Amicus Brief A-41-23 State v. Juan C. Hernandez-Peralta (089274) A-41-23 A-41-23 Audio for A-41-23 Close Briefs: A-41-23 Brief in support of motion letter A-41-23 Answering Brief letter A-41-23 Appellate Division Brief A-41-23 Supplemental Appellant Brief A-41-23 Supplemental Respondent Brief A-41-23 Amicus Curiae Brief Association of Criminal Defense Lawyers of NJ A-41-23 Amicus Curiae Attorney General
- Temporary Restraining Orders - County Phone Numbers, Name Address Contact Temporary Restraining Orders Atlantic Atlantic County Civil Courthouse 1201 Bacharach Boulevard Atlantic City, New Jersey 08401 Phone: 609-402-0100 ext. 47580 Temporary Restraining Orders Bergen Bergen County Justice Center 10 Main Street Hackensack, New Jersey 07601 Phone: 201-221-0700 ext. 25185 Temporary Restraining Orders Burlington Burlington County Court Facility 49 Rancocas Road Mount Holly, New Jersey 08060 Phone: 609-288-9500 ext. 38834 Temporary Restraining Orders Camden Camden City Hall 520 Market St. Camden, New Jersey 08103 Phone: 856-650-9011 ext. 59088 Temporary Restraining Orders Cape May Cape May County Courthouse 9 North Main Street Cape May Courthouse, New Jersey 08210 Phone: 609-402-0100 ext. 47710 Temporary Restraining Orders Cumberland Cumberland County Courthouse 60 West Broad Street Bridgeton, New Jersey 08302 Phone: 856-878-5050 ext. 15640 Temporary Restraining Orders Essex Essex County Historic Courthouse 470 Dr. Martin Luther King, Jr. Blvd. Newark, New Jersey 07102 Phone: 973-776-9300 ext. 57210 Temporary Restraining Orders Gloucester Gloucester County Old Courthouse 1 North Broad Street Woodbury, New Jersey 08096 Phone: 856-878-5050 ext. 15520 Temporary Restraining Orders Hudson Hudson County Administration Bldg 595 Newark Avenue Jersey City, New Jersey 07306 Phone: 201-748-4400 ext. 60830 Phone: 201-748-4400 ext. 60810 Temporary Restraining Orders Hunterdon Hunterdon County Justice Center 65 Park Avenue Flemington, New Jersey 08822 Phone: 908-824-9750 ext. 13850 Temporary Restraining Orders Mercer Mercer County Civil Courthouse 175 South Broad Street Trenton, New Jersey 08650-0068 Phone: 609-571-4200 ext. 74402 Temporary Restraining Orders Middlesex Middlesex County Courthouse 56 Paterson Street New Brunswick, New Jersey 08903-0964 Phone: 732-645-4300 ext. 88560 Temporary Restraining Orders Monmouth Monmouth County Courthouse 71 Monument Street Freehold, New Jersey 07728 Phone: 732-358-8700 ext. 87211 Phone: 732-358-8700 ext. 87160 Temporary Restraining Orders Morris Morris County Courthouse Washington and Court Streets Morristown, New Jersey 07960-0910 Phone: 862-397-5700 ext. 75250 Temporary Restraining Orders Ocean Ocean County Courthouse 100 Hooper Avenue Toms River, New Jersey 08753 Phone: 732-504-0700 ext. 64608 Temporary Restraining Orders Passaic Passaic County Courthouse 77 Hamilton Street Paterson, New Jersey 07505 Phone: 973-653-2910 ext. 24624 Temporary Restraining Orders Salem Salem County Courthouse 92 Market Street Salem, New Jersey 08079 Phone: 856-878-5050 ext. 15881 Temporary Restraining Orders Somerset Somerset County Courthouse 20 North Bridge Street Somerville, New Jersey 08876 Phone: 908-332-7700 ext. 13840 Temporary Restraining Orders Sussex Sussex County Historic Courthouse 3 High Street Newton, New Jersey 07860 Phone: 862-397-5700 ext. 75184 Temporary Restraining Orders Union Union County Courthouse 2 Broad Street Elizabeth, New Jersey 07207 English: 908-787-1650 ext. 21710 Spanish: 908-787-1650 ext. 21720 Temporary Restraining Orders Warren Warren County Courthouse 413 Second Street Belvidere, New Jersey 07823 Phone: 908-332-7700 ext. 13940 Total results: 21
- Frequently Asked Questions - Annual Attorney Registration and Payment, I am an attorney who practices law by being placed by a temporary employment agency in law firms or corporations. Am I eligible to claim an exemption from pro bono? No. The Supreme Court has determined that attorneys who practice law through temporary employment agencies are eligible to receive pro bono assignments. However, the Court has further determined that an assignment should only be made during a time that these attorneys are actively practicing law in New Jersey. What types of cases are assigned as pro bono cases? Most mandatory pro bono cases fall within three categories: violation of domestic violence restraining orders; municipal appeals; and parole revocation hearings. How does an attorney update their mailing address with the bar? In accordance with Payment to the Fund; Enforcement Rule 1:28-2 , you must keep your mailing address current with the NJ Lawyers’ Fund for Client Protection during the year. Please note that your mailing address is not confidential. Go to the Annual Attorney Registration and Payment Online Registration and Payment Center to update your address. Am I exempt from payment by virtue of being exempt from pro bono counsel assignment? No. Exemptions from payment are unrelated to exemptions from pro bono counsel assignment pro bono counsel assignment pro bono counsel assignment. . What do I do if I have forgotten my password to the attorney registration website? Click the "Reset Password" link on the login screen and follow the instructions on that page. I am an attorney, admitted in New Jersey and I am employed as an in-house counsel with my primary office in New Jersey. I do not engage in private practice. Am I required to do pro bono cases? Yes. The Supreme Court has determined that attorneys who are in-house counsel with offices in New Jersey and who are in good standing are eligible to receive pro bono assignments, because their work constitutes practicing law. Why are New Jersey attorneys required to represent indigent defendants for free when assigned those cases by the court? In Madden v. Delran, 126 N.J. 591 (1992) Madden v. Delran , 126 N.J. 591 (1992) , the Supreme Court reaffirmed the bar's duty to represent indigent defendants without pay where the Legislature has made no provision for the Public Defender to represent defendants who are entitled to counsel. The Court recognized that it was placing a burden on the bar that should be more generally shared by the public at large. The Court said: "We realize it is the bar that is bearing the burden . . . . We trust the bar understands the strong policy considerations that have persuaded us. As has so often been the case, it is the bar that makes the system work, often without compensation." 126 N.J. at 614. What must I do if I want to engage in the private practice of law in New Jersey? In order to engage in private practice in New Jersey, you must pay the annual assessment; complete the attorney annual registration statement and keep the data current throughout the year; fulfill the requirements of 1:21-6-Recordkeeping; Sharing of Fees; Examination of Records R. 1:21-6, including trust and business accounts in an approved New Jersey financial institution; keep trust accounts IOLTA-compliant ( 1:28A-Interest On Lawyers Trust Accounts (IOLTA) Fund R.1:28A ) ; and maintain required levels of malpractice insurance under Court Rules if practicing in a P.A., P.C., L.L.P., or L.L.C. Where can I find information about Mandatory Licensing of In-House Counsel pursuant to Rule 1:27-2? Rule 1:27-2 - Limited License; In-House Counsel Rule 1:27-2 . Please visit the Board of Bar Examiners' website at NJ Board of Bar Examiners www.njbarexams.org or call them at 609-815-2911 609-815-2911 . Can an attorney with bona fide offices in both NJ and PA donate legal services to a domestic violence prevention program in Philadelphia and use that volunteer work to claim exemption from the New Jersey pro bono requirement? No. Under exemption code 88, an attorney may claim an exemption if he or she can certify that he or she has performed at least twenty-five (25) hours of pro bono services for domestic violence service providers. However, the volunteer work must be done in New Jersey in order to claim the exemption. What if the assigned attorney has no previous experience in the type of case he or she is assigned? The Supreme Court addressed this issue in Madden v. Delran, 126 NJ 591 (1992) Madden v. Delran, 126 N.J. at 607-08. It recognized that frequently attorneys who have no experience in the substantive area of the law involved in the pro bono case will be called upon. As the Court said: "Real estate attorneys, corporate counsel, experts in commercial leases, all have been assigned to represent indigent defendants charged with simple assault, driving while intoxicated; all were required not only to learn how to defend those cases but to find out where the courthouse is." 126 N.J. at 607. If, however, the trial judge is convinced that the assigned counsel will provide ineffective assistance of counsel, the judge should direct the assigned counsel to obtain a substitute. 126 N.J. at 608. I don't practice law in New Jersey and I don't want to pay the fees. I want to be placed in inactive status on the attorney registration. What are my options? There is no "inactive status" in New Jersey. Please review the exemptions from payment. If you do not meet the standards to claim a payment exemption, and do not pay the required fees, you will be declared ineligible and not in good standing in New Jersey. Alternatively, you may formally resign from the New Jersey Bar as noted in the answer to " How do I resign without prejudice from the New Jersey Bar? How do I resign without prejudice from the New Jersey Bar? " on this page. Does the military exemption from paying into the Lawyers’ Fund for Client Protection include other government service, such as foreign service? No. Military exemption is expressly limited to "full-time active duty with the Armed Forces, AmeriCorps, or Peace Corps." What do I do if I have forgotten my User ID to the attorney registration website? Click the "Request User ID" link on the login screen and follow the instructions on that page. I am an attorney who maintains a bona fide law office in New Jersey. However, I have not represented a private client out of that office for more than a year. Am I required to do pro bono cases? Yes. The Supreme Court has determined that any attorney who maintains a bona fide law office in New Jersey, regardless of the amount of activity out of that office, is eligible to receive assignments. How are attorneys chosen for pro bono assignment? Pro bono cases are assigned from a computer list each county maintains of all the attorneys eligible for pro bono assignment in that county. Cases are assigned strictly in order of the list. At the top of the list are attorneys who have had no pro bono assignments, in alphabetical order. Am I exempt from payment because I practice out of state? No. You cannot claim an exemption from payment solely by virtue of being out of state. My license has been administratively revoked. How can I get my license reinstated? Follow these instructions for requesting reinstatement requesting reinstatement and submitting a petition to the Supreme Court petition to the Supreme Court . What browsers does the attorney registration site currently support? The Attorney Online Billing System currently supports the latest versions of Microsoft Edge and Google Chrome. I am completely retired from the practice of law. Am I required to do pro bono cases? No, you are exempt from mandatory pro bono. You should request exemption code 86 on the annual pro bono questionnaire that is part of the online annual attorney registration. Although my firm has an office in New Jersey, I practice only in another state. How do I answer the attorney registration question about whether or not I engage in the practice of New Jersey law? You should answer "No." If you should practice at all in New Jersey during the year, you have an obligation to return to the website and answer this question "Yes" and then complete the questions about your practice and attorney accounts that will follow regarding your practice and bank accounts. What happens if I neither pay the required fee nor receive either of the exemptions from payment (retired or military)? Your name will be entered on a Supreme Court Order declaring you ineligible to practice law in New Jersey. Although this is not a disciplinary action akin to suspension or disbarment, ineligible attorneys are considered not in good standing in New Jersey and may neither practice nor be admitted pro hac vice. By Court Rules 1:28-2 Rules 1:28-2 and Rule 1:20-1(d) 1:20-1(d) , you would be required to pay a $50 fee to be removed from one year's ineligible list or a $100 fee for removal from two or more years' ineligible lists, in addition to the regular and late fees required for each year. Why am I not receiving my activation email to complete the attorney registration process? Check to make sure that your activation email is not getting categorized as "Spam" or "Junk Mail" by your email client. It is advised that you add NJCourts.Mailbox@njcourts.gov to your allowed senders list within your email client. The activation email can be requested again by clicking the "Request Activation Email" on the login screen. I am an attorney with a bona fide office in another state, but will occasionally appear in the Federal court system in New Jersey. I have no cases in the New Jersey State courts. Am I eligible for an exemption under exemption code 90? Yes. Practicing in a Federal court in New Jersey does not count as practicing in New Jersey, since Federal courts are a separate jurisdiction. How many hours of pro bono service a year must an attorney provide? Attorneys are not required to do a certain number of hours per year. Rather, attorneys are required to complete an assigned pro bono case, no matter how many hours that may require. Further, there is no requirement that an attorney complete a certain number of pro bono cases a year. Attorneys are called upon whenever their name reaches the top of the list. For example, depending on the county, an attorney may be required to complete two cases a year or one case every two years. Must I continue to respond to the annual billing even though I've been granted one of the inactive exemptions from payment for attorney registration (retired or military)? Yes. All attorneys are required to file an annual registration, even those who have been granted an exemption from payment. This keeps the Court informed about your current status and provides attorneys an opportunity to make changes and/or remit payment if they no longer qualify for the exemption, respond to other portions of the registration, and update their mailing or email addresses. Please access the Annual Attorney Registration and Payment Online Registration and Payment Center to respond. You have an ongoing duty to immediately inform the Fund if you no longer qualify for the exemption previously granted (such as no longer in military or if you come out of retired status), and to keep your address current with the Fund. You can access the Annual Attorney Registration and Payment Online Registration and Payment Center to activate your license or to update your mailing or email address. How do I petition the Supreme Court? Instructions for petitioning the Supreme Court are available from the Board of Bar Examiners . Why am I getting an error that says "Error: JavaScript needs to be enabled in order for your browser to maintain a session." on the attorney registration website? Javascript must be enabled in order to maintain your login session and for you to use the site. Follow the instructions specific to your browser to enable Javascript at https://enable-javascript.com. I recently lost my job with a law firm and have not yet found another law job. Am I required to do pro bono cases? No, while you are not practicing law you are exempt from mandatory pro bono. You should request exemption code 86 on the annual pro bono questionnaire that is part of the online annual attorney registration. When you obtain new legal employment, you are required to update your online attorney registration. The information that is printed in the attorney registration portion no longer applies because I am no longer engaged in the private practice of law in New Jersey. What must I do? Answer the question on the attorney registration portion "No." This will remove your practice information from active records. How do I officially change my name? Attorneys who change their names after admission to practice must file a name change affidavit with the Supreme Court through its Board of Bar Examiners Board of Bar Examiners. I cannot find an answer to my security question for the attorney registration website. How do I contact you? If you cannot find an answer, please contact [email] and we will be happy to assist you. I am an attorney who occasionally works for a local law firm. I am not formally affiliated with that firm, but only work on an as needed basis. Am I eligible to claim an exemption from pro bono? No. The Supreme Court has determined that attorneys who work on a per diem basis are eligible to receive pro bono assignments. However, the Court has further determined that an assignment should only be made during a time that these attorneys are actively practicing law in New Jersey. Must all New Jersey attorneys complete pro bono assignments? No, certain attorneys, such as most full-time government attorneys, are exempt from mandatory pro bono service. Each year, the director of the Administrative Office of the Courts issues a list of all the categories of attorneys who are exempt. To be exempt, the attorney must request the exemption on the annual pro bono questionnaire which is part of the online annual attorney registration., If an attorney fails to request an exemption on the pro bono questionnaire, he or she will be assigned a case when his or her name rises to the top of the list., How do I activate my license if I no longer qualify for the exemption from payment previously granted? Go to our Online Registration and Payment Center Online Registration and Payment Cente r to update your registration information and pay the current year's fee. Am I exempt from payment by virtue of being prohibited from private practice? No. Exemptions from payment are narrowly defined; all conditions must be met. Lawyers who cannot claim the retired exemption from payment include, but are not limited to, judges, prosecutors, public defenders, and other government lawyers. Why am I getting an error that says "HPDIA0200W Login failed. The User ID or Password is invalid." when logging in to the attorney registration website? You are receiving this message because either your User ID or Password is invalid. If you are logging in for the first time, please check to make sure your User ID is your Attorney ID and you are using the temporary password provided on your billing card. If you have already logged in and completed your registration, please make sure you are using your new password to login. If you completed the registration process but did not click the activation link within the activation email, please click the link and then try logging in again. If you completed the registration process but did not receive an activation email and click the activation link to complete your registration, please follow these instructions in " Why am I not receiving my activation email to complete the attorney registration process? Why am I not receiving my activation email to complete the attorney registration process? " Note: Please make sure you did not save the temporary password in the password field. Internet Explorer may have prompted you to save the password the first time you logged in. Make sure you clear out any saved password and re-type your new password. I am an attorney, admitted in New Jersey, but I practice law and have a bono fide office in another state. My firm does not have an office in New Jersey. Am I required to do pro bono cases? No, you are exempt from mandatory pro bono. You should request exemption code 90 on the annual pro bono questionnaire that is part of the online annual attorney registration. If the information submitted on my registration form changes before the next billing cycle, what must I do? Within 30 days, return to the Annual Attorney Registration and Payment Online Registration and Payment Center and update any changes. How do I resign without prejudice from the New Jersey Bar? First, please review Court 1:20-22-Resignation Without Prejudice Rule I :20-22 . In particular, note that you cannot resign if any disciplinary or criminal proceedings are pending in any jurisdiction to which you are admitted or if you are not in good standing. If you qualify, and if you comply with the notice requirements set forth in the form, you may complete the Resignation without Prejudice from the Bar of the State of New Jersey Resignation Without Prejudice form and mail it to: Resignation Without Prejudice Unit, Office of Attorney Ethics, Richard J. Hughes Justice Complex P.O. Box 963 Trenton, New Jersey 08625-0963 Please allow approximately four weeks for processing. Final notification of approval will be received from the, Supreme Court Clerk's Office, If your resignation is accepted by the Supreme Court, it will terminate your membership in the bar. To be readmitted, you will have to retake the New Jersey Bar Examination, unless you meet the requirements of 1:24-4-Application for Admission by Motion R.1:24-4 to be admitted by motion. 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- Opinion Summaries, Court Type - Any - Supreme Appellate Trial Tax Start End Search Apply Filters Posted Date Name of Case (Docket Number) Type 2025-05-29 ALLEN J. SATZ VS. KESHET STARR, ET AL. (L-5596-23, BERGEN COUNTY AND STATEWIDE) (A-2785-23) Plaintiff sued defendants after they circulated a flyer advocating he give his wife a religious divorce. The flyer contained plaintiff's photo and called for a protest outside his parents' home. His complaint sought a judgment for removal of his image, termination of the dissemination of the flyer, and uninfringed seclusion. The complaint also alleged plaintiff suffered emotional distress and sought monetary damages. Plaintiff served all defendants but one. When the parties could not agree on service of the remaining defendant and a briefing schedule, defendants' counsel moved to extend time to answer the complaint, and plaintiff cross-moved for entry of default judgment. Defendants also filed an order to show cause under the Uniform Public Expression Protection Act (UPEPA), N.J.S.A. 2A:53A-49, to dismiss the complaint and for counsel fees, arguing plaintiff's complaint targeted their First Amendment activity. The trial court granted defendants' motion to extend time to answer and denied plaintiff's cross-motion for default judgment. Plaintiff then voluntarily dismissed his complaint the same day, after receiving the court's ruling on the motions. Pursuant to Rule 4:50-1(f), defendants moved for relief from the judgment of dismissal to have the court reopen the matter to consider their application for counsel fees, costs, and expenses under the UPEPA. The court denied defendants' motion because they had not filed an answer to the complaint and remarked plaintiff's complaint was not frivolous. On appeal, the court reversed and remanded for consideration of defendants' application for fees, costs, and expenses on the merits. The court held the UPEPA does not require a defendant in a strategic lawsuit against public participation (SLAPP) to file an answer before moving for dismissal and fees. Drawing on case law from another jurisdiction involving an anti-SLAPP statute like the UPEPA, and the plain language of the UPEPA itself, the court concluded an order to show cause for fees is not extinguished when a plaintiff dismisses their complaint or a trial court dismisses a plaintiff's complaint for lack of prosecution. Anti-SLAPP statutes such as the UPEPA are designed to prevent a plaintiff from bringing litigation to siphon a defendant's money, time, and resources. Like other anti-SLAPP statutes, the UPEPA's order to show cause mechanism is intended to provide a defendant recompense where a plaintiff strategically dismisses their lawsuit to avoid paying a fee award. The UPEPA does not require a defendant to initiate a separate lawsuit for fees and costs. The record is unclear whether the trial court had denied defendants' Rule 4:50-1(f) motion because it found plaintiff's lawsuit was not frivolous. To provide guidance to the court on remand, and in future cases, the court held the frivolous pleading standard applies under the UPEPA only where the court concludes the party responding to an order to show cause for fees prevailed, and "finds that the order to show cause was frivolous or filed solely with intent to delay the proceeding." N.J.S.A. 2A:53A-58(2). Appellate 2025-05-27 M.A v. J.H.M. (A-1-24 ; 089673) Although the Fifth Amendment does not afford a defendant in a PDVA FRO hearing blanket immunity, a defendant may invoke the privilege against self-incrimination in response to specific questions that raise reasonable risks of self-incrimination, and no adverse inference may be drawn from the exercise of that right. The PDVA immunity provision contained in N.J.S.A. 2C:25-29(a) is not coextensive with the privilege against self-incrimination and is therefore insufficient to safeguard a defendant’s rights under the Fifth Amendment. Supreme 2025-05-23 PAMELA J. GRAZIADEI VS. CAPITAL HEALTH SYSTEM, INC., ET AL. (L-2259-19, MERCER COUNTY AND STATEWIDE) (A-1614-23 ) Plaintiff, a nurse and acknowledged alcoholic, filed a complaint in the Law Division alleging defendants discriminated against her because of her alcoholism, and an amended complaint alleging defendants retaliated against her for filing the complaint, in violation of the New Jersey Law Against Discrimination, (LAD) N.J.S.A. 10:5-1 to -50. Alcoholism is a disability under the LAD. The trial court granted defendants' motion to dismiss. The court reversed and remanded because: (1) plaintiff was not required to bring her LAD claims in an administrative hearing, nor exhaust administrative remedies; (2) the trial court misapplied Beaver v. Magellan Health Services, Inc., 433 N.J. Super. 430 (App. Div. 2013), as plaintiff's complaint was not a collateral attack on an administrative agency decision, nor an attempt to divest the court of its jurisdiction; and (3) the Board did not have primary jurisdiction after the correct application of the factors provided in Muise v. GPU, Inc., 332 N.J. Super. 140 (App. Div. 2000). Appellate 2025-05-22 In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics (A-61/62-19 ; 083396) The practice of purchasing a competitor’s name as a keyword does not, in itself, constitute a violation of the RPCs. However, the Court requires that attorneys employing this strategy include a clear and conspicuous disclaimer on the landing page of their website when a user clicks on such a paid advertisement. Supreme 2025-05-09 ANCHOR LAW FIRM, PLLC, ET AL. VS. THE STATE OF NEW JERSEY, ET AL. (L-1186-21, MERCER COUNTY AND STATEWIDE) (A-0052-23) In this litigation, a law firm and its partner challenge the constitutionality of the so-called "limited attorney exemption" of the Debt Adjustment and Credit Counseling Act ("DACCA"), N.J.S.A. 17:16G-1 to -9. The present case was initiated when the Office of Attorney Ethics ("OAE") launched an investigation of plaintiffs who, among other things, represent debtors in bankruptcy and collections cases. Such debt adjustment work may violate DACCA, which prohibits debt adjusters from operating for-profit in New Jersey unless exempted by the statute. DACCA initially exempted "any attorney-at-law of this State." In 1986, however, the Legislature amended DACCA to narrow the exception to the current "limited attorney exemption," which exempts only those attorneys who are "not principally engaged as debt adjuster[s]." N.J.S.A. 17:16G-1(c) (emphasis added). While rarely prosecuted, attorneys "principally engaged" in debt adjustment work may be subject to heavy civil and criminal sanctions under DACCA and the Criminal Code. This court invalidates the limited attorney exemption within DACCA because it (1) violates principles of separation of powers, and (2) is void for vagueness. First, this court holds that DACCA's limited attorney exemption is an unconstitutional violation of separation-of-powers principles. As applied to attorneys who principally conduct their legal practice for clients seeking an adjustment of their debts, N.J.S.A.17:16G-1(c)(2)(a) represents an undue encroachment upon the Court's exclusive authority to regulate attorneys set forth in Article VI, Section 2, paragraph 3 of the New Jersey Constitution. Second, this court further holds that the limited attorney exemption is unconstitutional for its vagueness. The ambiguity of the limited attorney exemption denies attorneys due process because of the statute's failure to provide them with fair notice of what constitutes "principal engagement." This court therefore reverses the trial court's grant of summary judgment to defendants and remands the matter for further consideration of plaintiffs' civil rights and other claims. In doing so, this court invalidates the limited attorney exemption in N.J.S.A. 17:16G-1(c)(2)(a) and its cross-reference to N.J.S.A. 2C:21-19(f). The rest of the statute remains intact. Appellate 2025-05-08 IN RE APPLICATION OF BARBARA EAMES, ETC. (NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY) (A-1411-22) Petitioners submitted an application within this court's original jurisdiction, pursuant to N.J.S.A. 1:7-4, seeking to void the Freedom of Reproductive Choice Act, L. 2021, c. 375. In their application, petitioners asserted the Legislature had followed a constitutionally- and statutorily-deficient procedure in passing the Act. Petitioners also claimed the Act was unconstitutional in other substantive ways. They asked this court to invalidate the Act based on the alleged procedural deficiencies. The court found petitioners had failed to show a constitutional infirmity in the procedure the Legislature followed in passing the Act and had failed to demonstrate this court has the authority to declare the Act invalid based solely on alleged statutory violations. Therefore, the court denied the aspect of petitioners' application based on an allegedly constitutionally-deficient procedure and remanded the rest of the application to the Law Division. Appellate 2025-05-07 Borough of Englewood Cliffs v. Thomas J. Trautner (A-19-24 ; 089406) Municipalities and municipal corporations, as defined by N.J.S.A. 1:1-2, that engage in frivolous litigation are subject to sanctions under the FLS. The Supreme Court of the United States has recognized “that municipalities, unlike States, do not enjoy a constitutionally protected immunity from suit,” Jinks v. Richland County , 538 U.S. 456, 466 (2003), and neither the FLS nor any other substantive law in New Jersey has immunized municipalities from FLS liability for filing frivolous pleadings like the Borough was found to have filed here. Supreme 2025-05-07 MATTHEW J. PLATKIN, ETC. VS. OWUSU A. KIZITO, ET AL. (C-000095-20, UNION COUNTY AND STATEWIDE) (A-0739-22) Plaintiff Bureau of Securities appeals from an order of judgment entered by the trial court after a proof hearing. The Bureau filed a multi-count complaint alleging defendants violated the Uniform Securities Law, N.J.S.A. 49:3-47 to -89. Plaintiff sought various avenues of relief including: an injunction against defendant Kizito and his affiliated businesses from further violations of the Uniform Securities Law; restitution to investors; and disgorgement of profits. Plaintiff also sought statutory monetary penalties. After an eight-day hearing, the trial court made findings and entered judgment, accompanied by an order and written statement of reasons. The trial court found Kizito and one of his affiliated businesses jointly and severally liable for violating the Uniform Securities Law. The trial court ordered restitution and imposed a statutory monetary penalty. Interpreting N.J.S.A. 49:3-69(a)(2), the trial court expressly declined to impose the remedy of disgorgement. The trial court determined instead that subsection (a)(2) should be interpreted to permit the remedy of restitution or disgorgement, but not both remedies on the same facts. Plaintiff appealed, arguing that N.J.S.A. 49:3-69(a)(2) authorized both remedies in the same enforcement action. Applying well-settled principles of statutory interpretation to the Uniform Securities Law, the court held: the statutory remedy of disgorgement may be applied by a trial court in tandem with the statutory remedy of restitution under N.J.S.A. 49:3-69(a)(2). Appellate 2025-05-06 State v. John T. Bragg (A-13-24 ; 089446) Whether defendant should have retreated was a critical part of certain offenses charged in this case. Jurors heard the State press the point at trial; they also heard conflicting accounts of who the “initial aggressor” was and whether the apartment was defendant’s “dwelling.” But the jury received no direction as to how those disputed facts related to -- or had the potential to negate -- the duty to retreat in this case. Under the circumstances, the failure to give the jury guidance on the castle doctrine was clearly capable of producing an unjust result. It was therefore plain error not to instruct the jury on the issue. Supreme 2025-05-05 In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638 (A-33-24 ; 090076) Because of the defect in Liberty’s PoA, El Sol did not submit a CoS that validly bound Liberty to execute the Contract Bond, and its bid was therefore incomplete. The NJTA did not act in an arbitrary, capricious, and unreasonable manner when it rejected El Sol’s legally deficient bid. Supreme 2025-04-29 STATE OF NEW JERSEY VS. C.C.W. (24-01-0008, CAPE MAY COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-3637-23) This appeal presents a novel statutory construction question under the Overdose Prevention Act (OPA), which is designed to save lives by "encouraging people who witness or experience a suspected drug overdose to seek medical assistance. . . ." N.J.S.A. 24:6J-2. The OPA confers immunity to certain offenders charged with minor drug use/possession crimes that were discovered because police responded to a 911 call for medical assistance. In this case, defendant's friend called 911 to report that she told him that she "wanted to commit suicide." He also reported that defendant "uses crystal meth." Defendant was charged with simple possession of a small amount of methamphetamine found in her wallet by hospital staff. Acknowledging that the OPA is a remedial statute to be interpreted liberally, the court probes the boundaries of the Act's definition of the term "drug overdose," focusing on whether the threat of suicide that prompted the 911 call was the result of defendant's use of a controlled dangerous substance (CDS). The court stresses that the OPA's definition of "drug overdose" is broader than the common meaning of that term. Notably, the statutory definition does not require that the subject is presently intoxicated or "under the influence" of a CDS. Nor does the statutory definition require proof that the drug consumption occurred just before the acute condition arose. The court therefore holds the OPA's plain language does not foreclose the possibility that a defendant might qualify for immunity based on their chronic use of a CDS, i.e., an addiction, provided the defendant proves the acute condition requiring medical assistance was the result of such prior CDS use. The court also holds a psychiatric evaluation may constitute "medical assistance" within the meaning of the OPA, ruling that a person suffering from a psychiatric disorder is not categorically ineligible for immunity. Because the trial court did not focus on the causal nexus between defendant's CDS use and her suicidal ideations, the court remands for a new hearing to address whether defendant can establish that the suicide concerns that prompted the 911 call were attributable to her methamphetamine use. Appellate 2025-04-28 J.H. VS. WARREN HILLS BOARD OF EDUCATION, ET AL. (L-0423-21, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-2896-23) In 2019, the Legislature enacted two laws, which amended and supplemented the statutes of limitations and procedural requirements for civil actions alleging sexual abuse. See L. 2019, c. 120 (Chapter 120); L. 2019, c. 239 (Chapter 239). As part of those amendments, the Legislature eliminated the notice requirement in the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, for victims of sexual abuse. See Chapter 120, § 8 (codified at N.J.S.A. 59:8-3(b)). The Legislature also expanded the type of persons and entities that can be liable for sexual abuse by amending the Child Sexual Abuse Act (CSA Act), N.J.S.A. 2A:61B-1, to eliminate the requirement that a passive abuser be "within the household" of the victim. See Chapter 120, § 4. The court holds that the 2019 amendment eliminating the notice requirement in the TCA applies to common law claims that are directly related to the sexual abuse of a minor. The court also holds that the 2019 amendment to the CSA Act, which eliminated the "within the household" requirement, applies to any action filed after December 1, 2019, and that it is not limited to claims that accrued after December 1, 2019. Accordingly, in this matter, the court affirms a November 30, 2023 order denying partial summary judgment to defendants Warren Hills Board of Education (the Board) and Warren Hills Junior High School (the Junior High School). The Board and the Junior High School had moved for partial summary judgment, arguing that plaintiff's common law claims should be dismissed because he did not file a timely notice of claim under the TCA, and they were not subject to liability under the CSA Act. The court also affirms an April 11, 2024 order denying the Board's and the Junior High School's motion for reconsideration. Appellate 2025-04-25 STATE OF NEW JERSEY VS. MICHAEL J. BALBOSA (18-12-1603, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0024-23) The court affirmed the PCR court's denial of defendant's Strickland-based ineffective assistance of counsel claims and concluded: (1) subsections (a) and (b) of N.J.S.A. 2C:24-4(b)(1) do not violate the First Amendment to the United States Constitution because they criminalize the possession and distribution of child pornography and are neither overbroad nor vague. To the extent this conclusion regarding subsections (a) and (b) is contrary to the decision in State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023), aff'd in part, rev'd in part, 257 N.J. 260 (2024), the court expressly rejects the holding in Higginbotham; and (2) the State's investigation and subsequent prosecution did not violate the Ex Post Facto Clauses of the United States and New Jersey Constitutions. Appellate 2025-04-14 KEONA PALMER, ET AL. VS. FLAGSHIP RESORT DEVELOPMENT CORP., ETC. (L-1515-19, ATLANTIC COUNTY AND STATEWIDE) (A-3287-22) Plaintiffs brought claims against defendant, owner of a resort property in Atlantic City, alleging violations of the Consumer Fraud Act (CFA) and the Real Estate Timeshare Act (RETA). After a trial, the jury found defendant liable to plaintiffs under both the CFA and RETA and awarded damages under both statutes. After merging the verdicts, the trial court awarded treble damages under the CFA, as well as attorney's fees and prejudgment interest against defendants. Defendant appealed. On appeal, the court held that: the parol evidence rule did not bar plaintiffs from introducing evidence of fraud during trial; plaintiffs were permitted to bring claims pursuant to the CFA and RETA simultaneously; RETA and its accompanying regulations require that a purchaser be given a reasonable opportunity to review a public offering statement; the trial court did not err by submitting a question of contract interpretation to the jury; the trial court did not err by permitting evidence of defendant's alleged RETA violations to go to the jury nor did it present those violations as separate causes of action upon which damages could be award; and finally, the trial court did not err when it increased plaintiffs' attorney's fee award after reconsideration. Appellate 2025-04-11 STATE OF NEW JERSEY VS. MOHAMMAD RAMADAN (22-04-0373, BERGEN COUNTY AND STATEWIDE) (A-0345-24) The court granted defendant Mohammad Ramadan leave to appeal from the Law Division's April 4, 2024 order denying his motion to dismiss count two of an indictment charging him with first-degree attempted murder, N.J.S.A. 2C:5-1, 2C:11-3. Defendant argued the prosecutor gave the grand jury the wrong legal instruction, advising that an attempt to purposefully cause "serious bodily injury resulting in death" constituted a sufficient alternative mental state for the offense of attempted murder. Defendant claimed this error warranted dismissal of the attempted murder count. The court determined that providing the grand jury with incorrect mental state instructions, even though also presenting statements of the correct mental state, created the inherent possibility that the grand jury indicted defendant for attempted murder based on an impermissible mental state. The court cited State v. Gilliam, 224 N.J. Super. 759 (App. Div. 1988), which reversed an attempted murder conviction based upon a similar misstatement of the required mens rea. The court reversed the trial court's order and dismissed the count of first-degree attempted murder. Appellate 2025-04-08 ESTATE OF LEONOR R. DIZON, ETC. VS. STATE OF NEW JERSEY, ETC. (L-3466-23, UNION COUNTY AND STATEWIDE) (A-1724-23 ) In this Medicaid lien dispute, plaintiff Estate of Leonor R. Dizon (Estate), by its administrator ad prosequendum, Teresa Finamore, appealed from a Law Division order denying its application to extinguish the Division of Medical Assistance and Health Services' (Division) lien asserted against the Estate's assets pursuant to N.J.S.A. 30:4D-7.2 (estate asset statute). The Division's lien sought the recovery of $214,391.95 in Medicaid benefits Dizon (decedent) received after turning fifty-five years old. The Division filed its lien against all the Estate's assets, including any award the Estate received from its pending survivorship action, N.J.S.A. 2A:15-3. The Estate disputed that a survivorship award was subject to a Division lien under the estate asset statute for all of decedent's Medicaid benefits paid, arguing that its interest in the survivorship claims did not constitute property of the estate at the time of decedent's death, as required by the statute. Instead, it contended, the Division was only entitled to reimbursement from an award for decedent's tort-related medical expenses for her injuries pursuant to a separate statutory provision specifically addressing third-party liability recovery, N.J.S.A. 30:4D-7.1. The court concluded the Division's lien was valid against all the Estate's assets under the estate asset statute, which included any survivorship action award, and therefore affirmed the trial court. Appellate 2025-04-07 In re Appeal of the New Jersey Department of Environmental Protection’s September 6, 2022 Denial of Request for Adjudicatory Hearing (A-42-23 ; 089182) The DEP’s initial grant of the waiver did not create a property interest in the continued suspension of Clarios’s remediation obligations. Neither the controlling statutes and regulations nor a mutually explicit understanding between the parties provided an entitlement to the indefinite continuance of the waiver; to the contrary, the governing laws and agency materials all anticipate the DEP’s ability to enforce remediation obligations in the future. Supreme 2025-04-03 RONALD DONNERSTAG, ET AL. VS. MERISSA BORAWSKI, ETC. (SCHOOL ETHICS COMMISSION) (A-0367-23) Appellants, Central Regional Board of Education (Board) members Ronald Donnerstag, Kristin Lanko, Lisa Snider, Wendy Vacante, Matthew Delprete, Patricia Fortus, Jaime Cestare, Scott Alfano, and Lynne Sweezo, appeal the School Ethics Commission's final agency decisions dismissing their twelve-count complaint under the School Ethics Act (Act), N.J.S.A. 18A:12-21 to -34, seeking disciplinary action against fellow Board member, respondent Merissa Borawski. Appellants' allegations targeted Borawski's posts and repost uploaded to her public social media account while she was a Board member-elect and a Board member regarding labor union membership, COVID-19 mandates, and State gender identity curriculum. In addition, appellants allege Borawski violated Governor Philip Murphy's Executive Order 251 by not wearing a facemask at a public Board meeting while a Board member. The court affirms the Commission's grant of Borawski's motion to dismiss allegations in counts one, two, three, four, five, eight, nine, ten, eleven, and twelve that she violated N.J.S.A. 18A:12-24.1(a) regarding her social media posts and reposts criticizing COVID-19 mandates and gender identity curriculum, and non-compliance with Executive Order 251. The Commission correctly determined appellants failed to comply with N.J.A.C. 6A:28-6.4(a)(1) because there was no order issued by a court or administrative agency that Borawski violated state law or regulations. The court affirms the Commission's grant of Borawski's motion to dismiss allegations in counts six and seven that she violated N.J.S.A. 18A:12-24.1(e) regarding her social media posts and repost criticizing COVID-19 mandates and applauding the acquittal of an alleged racist. The Commission correctly determined that it did not have jurisdiction under the Act over Borawski's posts because the posts were made when she was a Board member-elect. The court reverses the Commission's grant of Borawski's motion to dismiss allegations in count three that she violated N.J.S.A. 18A:12-24.1(e) by not complying with Executive Order 251, and remand for the Commission to address the merits of the count. The Commission arbitrarily determined Borawski's conduct was not a nexus with her role as a Board member and did not have the potential to undermine the authority of the Board. The court affirms the Commission's summary decision finding that the allegations in counts two, four, five, eight, nine, ten, eleven, and twelve did not violate N.J.S.A. 18A:12-24.1(e). There was no evidence Borawski's conduct compromised the Board. The court reverses the Commission's summary dismissal of Borawski's allegations in count one that she violated N.J.S.A. 18A:12-24.1(e) regarding her social media post challenging labor union membership and remand to the Commission to determine the appropriate penalty. The Commission's decision was arbitrary, capricious, and unreasonable as it was contrary to the credible evidence in the record that the post compromised the Board because it resulted in an unfair labor practice charge being filed against the Board. We remand to the Commission to recommend to the Commissioner of Education the extent of Borawski's penalty. Appellate 2025-04-03 RONALD DONNERSTAG, ET AL. VS. HEATHER KOENIG, ETC. (SCHOOL ETHICS COMMISSION) (A-0366-23) Appellants, Central Regional Board of Education (Board) members Ronald Donnerstag, Kristin Lanko, Lisa Snider, Wendy Vacante, Matthew Delprete, Patricia Fortus, Jaime Cestare, Scott Alfano, and Lynne Sweezo, appeal the School Ethics Commission's final agency decision dismissing their five-count complaint under the School Ethics Act (Act), N.J.S.A. 18A:12-21 to -34, seeking disciplinary action against fellow Board member, respondent Heather Koenig. The allegations targeted Koenig's posts and reposts uploaded on her public social media account while she was a Board member-elect and Board member, and her violation of Governor Philip Murphy's Executive Order 251 by not wearing a facemask at a public board meeting while a sitting Board member. The court affirms the Commission's dismissal of counts two and five when it granted Koenig's motion to dismiss. The Commission correctly determined count two failed to comply with N.J.A.C. 6A:28-6.4(a)(1) because there was no order issued by a court or administrative agency finding that Koenig violated state law or regulations when she did not wear a mask at her Board member swearing-in. The Commission correctly determined count two's allegation that Koenig violated N.J.S.A. 18A:12-24.1(e) did not establish she was acting on behalf of the Board or compromised the Board. The Commission also correctly determined it did not have jurisdiction under the Act over the allegations in count five that she violated N.J.S.A. 18A:12-24.1(e) because the social media posts were made when Koenig was a Board member-elect, not a sitting Board member. The court reverses the Commission's dismissal of count three when it granted Koenig's motion to dismiss. The count alleges Koenig violated N.J.S.A. 18A:12-24.1(e) by not wearing a face mask at a Board meeting because she compromised the Board as her action was perceived to be speaking for the Board and may have encouraged others to follow suit. The Commission's decision was arbitrary, capricious, and unreasonable. The allegation is remanded to an Administrative Law Judge to conduct a fact-finding hearing and issue an initial decision to the Commission. The court affirms the Commission's summary dismissal of count four alleging that Koenig's social media post and reposts criticizing the Governor's mask mandate violated N.J.S.A. 18A:12-24.1(e). There was insufficient nexus between her conduct and her position as a Board member, and there was no indication that the Board was compromised by this conduct. The court reverses the Commission's summary dismissal of count one alleging that Koenig's social media post encouraging Board employees to rescind their membership in their labor unions violated N.J.S.A. 18A:12-24.1(e). The dismissal was arbitrary, capricious, and unreasonable as it was contrary to the credible evidence in the record that the post compromised the Board by resulting in an unfair labor practice charge filed against the Board. We remand to the Commission to recommend to the Commissioner of Education the extent of Koenig's penalty. The penalty, however, shall not be imposed until the Commission makes a final agency decision regarding count three. Appellate 2025-04-02 STATE OF NEW JERSEY VS. NATHANIEL H. RUSSELL (23-02-0362, ATLANTIC COUNTY AND STATEWIDE) (A-0022-23) A jury convicted defendant on several offenses, including two counts of second-degree terroristic threats, N.J.S.A. 2C:12-3(a). The terroristic threats convictions related to statements defendant directed at the victim, who presided as the judge over defendant's municipal court case. Defendant was also convicted of making the threats during a declared period of national, State or county emergency, namely, the COVID-19 pandemic. Defendant argued the terroristic threats convictions should be reversed because the jury was not charged pursuant to State v. Fair, 256 N.J. 213 (2024), on whether a reasonable person similarly situated to the victim, in this case a municipal court judge with several years of experience as an attorney and a prosecutor, would have viewed defendant's words as threatening violence. Defendant also raised an as-applied substantive due process challenge to his conviction for making the threats during a declared emergency, arguing there was no nexus between his threats and the state of emergency. The court reversed the terroristic threats convictions and ruled Fair has pipeline retroactivity. Although defense counsel seemingly argued the Fair standard in summations, the trial court charged the jury under the then-existing model charges, which did not provide an objective means of measuring whether defendant's statements constituted terroristic threats. The court also held where the State seeks to enhance a third-degree terroristic threats offense by charging a defendant with making threats during a declared period of national, State or county emergency, there must be some rational relationship between the threats and the underlying emergency. Otherwise, the conviction will be vulnerable to an as-applied challenge for vagueness on substantive due process grounds. Reversal was warranted here because the threats defendant directed at the victim did not result from or having anything to do with the pandemic or pandemic-related restrictions, and his municipal court case. 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- Glossary (Post-judgment), Adult Neutral Party : An adult neutral party is an impartial third-party. They have no financial, official, or personal interest in a controversy, dispute, or issue. Affidavit : An affidavit is a notarized written statement made to the court swearing that the information contained in the filed papers is true. 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. Arrears : The word arrears means unpaid or overdue child support, alimony or spousal support payments. Caption : The caption is how the parties’ names were written in the original papers filed for your divorce. If you were the plaintiff or defendant, you are still the plaintiff or defendant for all subsequent filings. 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. Defendant : The defendant is the person or business against whom a case is filed. Exhibits : Exhibits are papers and information you provide to support what is in your motion. Family Case Information Statement (CIS) : The CIS tells the court your past financial status as well as your current status. If you are filing an FM motion and asking for any type of monetary relief such as an increase or decrease in support, you must complete and file a copy of the last CIS submitted to the court and complete a new and current CIS. File : To file means to give the correct forms and fee to the court to begin the court’s consideration of your request. Judiciary Electronic Document Submission (JEDS) system : The JEDS system is an electronic filing system for self-represented litigants for submitting documents to the court. Attorneys can only use the JEDS system in cases not managed through eCourts. Motion : A motion is a written request in which you ask the court to issue an order, change an order it has already issued, enforce an order it has already issued,, or ask the court to take some other action related to your case., 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. Plaintiff : The plaintiff is the party who starts the lawsuit. Pleading : A pleading is a formal written statement of the respective parties of their claim or response to a claim. Pro Se : The term pro se means that you are representing yourself in court without a lawyer. Process Server : A process server is a person (for example, a sheriff or deputy), who serves writs, subpoenas, etc. Relief : To ask for relief is to ask the court for something. Service : Service refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them. Substantial Change : A substantial change , as used in this packet, means a significant change in your situation or circumstances affecting your case. Third Party : A third party is a person or group besides the two primarily involved in a situation, especially a dispute. Warrant : A warrant is a notification to law enforcement that a person should be arrested when found.
- Frequently Asked Questions About Domestic Violence, What happens if the plaintiff wants to dismiss or modify an existing Restraining Order? Any request to dismiss or make changes to an existing order must be done in person and heard before a judge. Restraining orders cannot be dropped or modified by telephone. If the plaintiff reconciles with the defendant, it does not mean an automatic dismissal of an order. If the plaintiff wishes to reconcile with the defendant, the plaintiff must appear before a judge in the Family Division of Superior Court to request a dismissal. Contact between the plaintiff and defendant in advance of a court order subjects the defendant to criminal prosecution. If the restraining order is dismissed, there still might be pending criminal charges that need to be addressed separately in the appropriate municipal or criminal court. What is a Restraining Order? A restraining order is an order issued by the court that is intended to protect a victim of domestic violence from a defendant with whom the victim has or had a relationship. What happens at the Final Restraining Order hearing? The judge will hear testimony from both parties. The judge will decide whether an act of domestic violence occurred, whether a final restraining order (FRO) should be issued and if so, what types of relief will be granted. Relief could include the following prohibitions: The defendant might be barred from future acts of domestic violence. The defendant might be barred from the plaintiff’s residence, place of employment or other places. The defendant might be prohibited from having any oral, written, personal, or electronic contact with the plaintiff or others. The defendant might be prohibited from making or causing anyone else to harass the plaintiff or others. The defendant might be prohibited from stalking, following, threatening to harm, stalk, or follow the plaintiff or others. The defendant might be ordered to pay child support or emergency funds. The defendant might be ordered to attend substance abuse counseling or other evaluations. The defendant will be prohibited from possession of weapons. The plaintiff might be issued exclusive possession of the residence, temporary custody of children, support, medical coverage, damages, and other items. If the FRO is issued, the defendant will be photographed and fingerprinted and will be ordered to pay a penalty of $50 to $500, payable through the court’s finance department. A copy of the FRO will be given to both parties. It is important to review the order before leaving the building to ensure accuracy. The Family Division will forward a copy of the order to the police department in the municipality where the plaintiff lives. The plaintiff also should provide copies to work, daycare centers, schools, and any other places of significance. The plaintiff should keep the FRO in his or her possession at all times. If lost, additional copies can be requested at the domestic violence unit where the order was entered. What happens to child support if the plaintiff asks for the Final Restraining Order to be dismissed? If the FRO is dismissed, the plaintiff can request a new order to continue the child support. Who can qualify for a Restraining Order? A victim of domestic violence is a person who is 18 years of age or older, or who is an emancipated minor. The victim has suffered domestic violence by one of the persons listed below. A spouse or former spouse A present or past household member Someone with whom the victim has had a child or is expecting a child Someone whom the victim is dating or has dated Should the parties bring anything to the Final Restraining Order hearing? You might choose to hire an attorney, but an attorney is not required for either party. Bring anything you want the court to consider. This could include the following: Witnesses. The court cannot accept written testimony. Photos of injuries and property damage. Medical documents. Receipts related to property damage. Financial information if you want the defendant to pay housing expenses, spousal support, or child support. What is Domestic Violence?, What crimes are covered by the 1991 Prevention of Domestic Violence Act (PDVA)?, Domestic violence occurs when one of the crimes listed below is committed against a person protected under the 1991 Prevention of Domestic Violence Act (PDVA). The crimes are listed below. Homicide Assault Terroristic Threats Kidnapping Criminal restraint False imprisonment Sexual assault Criminal sexual contact Lewdness Criminal mischief Burglary Criminal trespass Harassment Stalking Criminal Coercion Robbery Contempt of a Domestic Violence Order Crimes involving risk of death or serious bodily injury Cyber-harassment What if the parties want to attend counseling in a Domestic Volence case? The parties may not attend counseling together if there is an order in effect. There is no mediation of any kind if there is a restraining order in effect or a history of domestic violence. How do I apply for a Restraining Order? A person can file in the county where the defendant lives, where the plaintiff lives, or where the plaintiff is sheltered or staying temporarily. Go to the Domestic Violence Unit of the Superior Court Family Division at the county courthouse. Offices are open every weekday from 8:30 a.m. to 3:30 p.m. Weekend, evenings, and holidays, go to your local police department to file a complaint. What if the plaintiff appears for court and the defendant fails to appear in a domestic violence case? The judge could issue an FRO against the defendant, if there is proof of service or testimony that the defendant was aware of the hearing date. If there is no proof that the defendant has been served, a new date might be scheduled, and the TRO will remain in effect. A law enforcement officer will serve the defendant with a copy of the final order. What relationships are covered by the PDVA? The parties must have had a specific relationship at present or in the past. The gender of the parties is not a factor. The relationships are listed below. Marriage Separation Divorce Living together in the same household now or in the past Dating or dated in the past Having a child in common Does the Final Restraining Order expire? FROs do not expire in New Jersey. Additionally, the Full Faith and Credit provisions of the Federal Violence Against Women Act requires all states, US territories and commonwealths to enforce restraining orders. This means if you leave New Jersey, your order is enforceable in every state, US territory, and commonwealth. Keep the order with you at all times. Will criminal charges be filed in Domestic Violence cases? The victim can choose to file a criminal complaint with the police. If the victim chooses not to file a complaint, the police are required to file a criminal complaint if there are visible signs of injury. What if the Defendant is not abiding by the Restraining Order? The restraining order is divided into two parts:, Part 1, contains restraints against contact. If the defendant does not comply with Part 1 of the order, the plaintiff can go to the police station and sign criminal charges., Part 2, deals with financial and parenting issues. If the defendant is not complying with Part 2 of the order, it must be enforced through family court. 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. Who is a Defendant under the PDVA? Under the PDVA, the defendant must be 18 years old OR the defendant is a minor who is considered emancipated for one of the reasons listed below. Military service Being pregnant or having a child Emancipation by a court or an administrative agency. What happens when the restraining order is requested at the courthouse? A domestic violence staff member will interview the plaintiff and ask questions about the event that brought them to the courthouse. They also will ask about past incidents of domestic violence. After the interview, there will be a hearing with a domestic violence hearing officer or judge. The defendant does not need to be present. The plaintiff will be issued a temporary restraining order TRO if the hearing officer agrees that one is needed. If the case is heard by a hearing officer who does not recommend a TRO, the plaintiff can ask to have a judge hear the case. If the judge or a hearing officer issues a TRO, the plaintiff will be given a date to return for a final restraining order (FRO) hearing within 10 days. Copies of the TRO will be sent to law enforcement for personal service on the defendant. The plaintiff and defendant need to appear on the scheduled day of the final hearing.
- Civil Presiding Judges, Updated on Sept. 19, 2023 Name Address Contact Atlantic/Cape May Porto, John C. Civil Presiding Judge Atlantic/Cape May Atlantic County Civil Courts Building 1201 Bacharach Blvd. Floor 3 Atlantic City, New Jersey 08401 Phone: 609-402-0100 ext. 47820 Bergen O'Dwyer, John D. Civil Presiding Judge Bergen Bergen County Justice Center 10 Main Street Floor 3 Hackensack, New Jersey 07601 Phone: 201-221-0700 ext. 25563 Burlington Fikry, Eric G. Civil Presiding Judge Burlington Burlington County Court Facility 49 Rancocas Road Floor 3 Mount Holly, New Jersey 08060 Phone: 609-288-9500 ext. 38809 Camden Polansky, Steven J. Civil Presiding Judge Camden Camden County Hall of Justice 101 South 5th Street Floor 3 Camden, New Jersey 08103 Phone: 856-650-9100 ext. 43885 Cumberland/Gloucester/Salem Chell, Timothy W. Civil Presiding Judge Cumberland/Gloucester/Salem Gloucester County Old Courthouse 1 North Broad Street Floor 2 Woodbury, New Jersey 08096 Phone: 856-878-5050 ext. 15275 Essex Benjamin, Avion M. Civil Presiding Judge & General Disqualification Judge Essex Essex County Historic Courthouse 470 Dr. Martin Luther King, Jr. Blvd. Floor 2 Newark, New Jersey 07102 Phone: 973-776-9449 Hudson Turula, Joseph A. Civil Presiding Judge Hudson Justice W.J. Brennan Courthouse 583 Newark Avenue Suite/Room 2D, Floor 2 Jersey City, New Jersey 07306 Phone: 201-748-4400 ext. 60410 Mercer Hurd, Douglas H. Civil Presiding Judge Mercer Mercer County Civil Courthouse 175 South Broad Street Floor 3 Trenton, New Jersey 08650-0068 Phone: 609-571-4200 ext. 74825 Middlesex Kaplan, Bruce J. Civil Presiding Judge Middlesex Middlesex County Courthouse PO Box 964 New Brunswick, New Jersey 08901-0964 Phone: 732-645-4300 ext. 88646 Monmouth McCarthy, Owen C. Civil Presiding Judge Monmouth Monmouth County Courthouse 71 Monument Street Floor 2 Freehold, New Jersey 07728 Phone: 732-358-8700 ext. 87655 Morris/Sussex DeAngelis, Frank J. Civil Presiding Judge Morris/Sussex Morris County Courthouse PO Box 910 Morristown, New Jersey 07963 Phone: 862-397-5700 ext. 75165 Ocean Brenner, Robert E. Civil Presiding Judge Ocean Ocean County Courthouse 100 Hooper Avenue Suite/Room Courtroom #9, Floor 3 Toms River, New Jersey 08754 Phone: 732-504-0700 ext. 64415 Passaic Del Sardo, Darren J. Civil Presiding Judge Passaic Passaic County Courthouse 77 Hamilton Street Suite/Room 322, Floor 3 Paterson, New Jersey 07505 Phone: 973-653-2910 ext. 24455 Somerset/Hunterdon/Warren Ballard, Jr., Robert A. Civil Presiding Judge Somerset/Hunterdon/Warren Somerset County Courthouse 20 North Bridge Street Floor 4 Somerville, New Jersey 08876 Phone: 908-332-7700 ext. 13520 Union Ciarrocca, Mark Civil Presiding Judge Union Union County Courthouse 2 Broad Street Floor Rotunda Basement Elizabeth, New Jersey 07207 Phone: 908-787-1650 ext. 21540 Showing 1 to 15 of 15 items
- Jury Selection Standards and Voir Dire Questions, Jury Selection -- Model Voir Dire Questions Promulgated by Directive #21-06 -- Revised Procedures and Questions Directive #04-07 - Jury Selection Standards and Voir Dire Questions Model Jury Selection Questions - Criminal Standard Jury Selection Questions - Criminal Model Jury Selection Questions - Civil Standard Jury Selection Questions - Civil
- Tax Case Public Access, Instructions, First-time user must register with the New Jersey Courts to access the tax case system. If you already have a user ID and password to access eCourts, you must use those credentials. Attorneys must use their assigned attorney bar ID credentials to access the eCourts Tax Case Jacket. RETURNING USERS FIRST-TIME USER REGISTRATION, Disclaimer, Certain records may not be available for public inspection in accordance with Federal and State statutes and the Rules Governing the Courts of the State of New Jersey or court order. Common examples of confidential records include those involving child victims of sexual abuse, cases involving trade secrets and records in any case ordered impounded by a judge. Confidential records and information will not be returned in your search results. The information displayed on this website is generated from computerized records in the custody and control of the New Jersey Judiciary and is intended for informational purposes only. The Judiciary provides this information as a public service and makes no warranties, either expressed or implied, regarding its accuracy, reliability, currency, completeness, or suitability for any particular purpose. Additionally, the Judiciary assumes no liability for the improper or illegal use of information obtained from its computerized systems. Attempts to interfere with the operation of the Judiciary's computerized systems or to alter records in the Judiciary's computerized systems is strictly prohibited and may result in criminal prosecution, civil penalties, or disciplinary action where appropriate. In addition, the Judiciary will seek indemnification, including costs and attorneys fees, for any claims brought in connection with the improper or illegal use of information obtained from its computerized systems.
- Foreclosure Self-Help, These resources are intended for litigants who are representing themselves in a foreclosure matter. Attorneys should visit our Foreclosure in New Jersey attorney foreclosure resources page . Body, Do I Need a Lawyer?, 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 Legal Services of New Jersey regional legal services offices or may be reached at Regional Legal Services Office Telephone Number 732-572-9100 . The NJ State Bar Association also maintains a list of County Bar Associations county referral services that might be helpful., Things to think about before you represent 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., What to Expect in the Foreclosure Process, New Jersey is a judicial foreclosure state. This means foreclosure actions must go through the court. The Office of Foreclosure and the Superior Court General Equity judges handle the process. This page provides foreclosure resources for both lenders and debtors., Pre-Court Actions, The lender must notify the debtor with a Notice of Intent to Foreclose (NOI). The notice must include: The reason for intent to foreclose. The lender’s interest in the property and contact info. The amount needed to cure the debt. An explanation of what will happen if the debt is not cured. A statement that the debtor can sell or transfer the title. Information about the right to hire an attorney. Available resources to cure the debt. Information about the foreclosure mediation program. Debtors have 30 days from receipt of the notice to pay off the debt or make other arrangements with the lender. Debtors also have the right to request mediation at this time. If the debtor fails to satisfy the notice during this period, the case goes to the court., How the Court Process Begins, After the 30-day period, the lender files a Foreclosure Case Information Statement (FCIS) foreclosure complaint with the Office of Foreclosure. Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. The lender becomes the plaintiff, and the debtor becomes the defendant in the court record. The case receives a docket number. The plaintiff must serve the defendant with the foreclosure complaint. This can be done through certified mail, a courier service or in person. The summons will again include information about the mediation program. If the defendant intends to challenge the complaint, it is strongly recommended they hire an attorney., What Happens if the Foreclosure Case is Contested, The defendant then has 35 days to file an answer to complaint. Use the packet How to File an Answer to a Foreclosure Complaint How to Answer a Foreclosure Complaint to respond. The defendant must state the reasons they are contesting the foreclosure complaint. This could include: Defendant believes the plaintiff violated the Fair Foreclosure Act. The defendant fulfilled their obligation to the plaintiff. The defendant was named in a suit but is not debtor. The case then gets assigned to a Superior Court judge in the county where the property is located. A court date is set. Both parties can use the How to File a Motion in a Foreclosure Case Before a Judge How to File a Motion Before a Judge packet to file motions in the lawsuit. Either party can object to motions with the How to File a Response to a Motion in a Foreclosure Case Before a Judge How to File a Response to a Motion Before a Judge packet. , What Happens in Uncontested Foreclosure Cases, If the defendant accepts the foreclosure complaint or fails to respond in 35 days, the case is considered uncontested. Uncontested cases do not go to a judge and stay with the Office of Foreclosure. Plaintiffs can use the packet How to File a Motion in a Foreclosure Case Before the Office of Foreclosure How to File a Motion in a Foreclosure Case Before the Office of Foreclosure to make amendments to the original complaint. Defendants can object with the How to File a Response to a Motion in a Foreclosure Case Before the Office of Foreclosure How to File a Response to a Motion in a Foreclosure Case Before the Office of Foreclosure packet. , Entry of Default, Final Judgment & Options for Debtors, The next event in the process is the plaintiff requesting an entry of default with the court. The plaintiff must give the defendant a final chance to cure the debt 14 days prior to filing the entry of default. The defendant then has 10 days to respond to the letter. From that point, the defendant has 45 days to cure the debt or make other arrangements. If the defendant cannot cure the debt in 45 days, the court grants the plaintiff a final judgment. The court will then issue a writ of execution. The writ instructs the county sheriff to sell the property at public auction. , Sheriff’s Sale and Additional Options for Debtors, The sheriff has 150 days from the writ of execution to auction the property. During this time the debtor and lender may request two stays each to delay the sale. A fifth stay is possible if requested by both parties. In certain cases, defendants can request an additional stay for mediation. After the sale of the property, the debtor has 10 days to redeem the property. This means they can buy the property back or sell it. If the debtor fails to redeem with 10 days, the proceeds of the sale pay off what is owed on the mortgage. If the proceeds exceed this amount, the remainder returns to the debtor. If proceeds are less than the amount owed, the lender can sue the debtor for the remaining amount. , Contact Info, The Office of Foreclosure is a unit in the , Superior Court Clerk's Office, (SCCO). You can contact us at 609-421-6100 or SCCO.Mailbox@njcourts.gov for information on the following: General questions and status requests. Complaints. Answers. Requests for default. All correspondence (filings) should be directed to: Regular Mail Foreclosure Processing Services, Superior Court Clerk's Office, Richard J. Hughes Justice Complex P.O. Box 971 Trenton, New Jersey 08625-0971 Messenger Service, Foreclosure Processing Services, Superior Court Clerk's Office, Richard J. Hughes Justice Complex 25 Market Street Trenton, New Jersey 08625, Fees and Fee Waivers, Filing Fee Schedule:, Complaints $405.00 Answers or First Appearances $175.00 Motions $ 50.00, Checks or money orders should be made payable to, Treasurer - State of New Jersey, . Attorneys may use their Judiciary Collateral Account to pay any fees. Cash is not accepted., Do you qualify for a fee waiver? , Fill out the How to File for a Fee Waiver – All Courts Filling Fee Waiver Request Form to apply for a fee exemption. You must meet financial requirements for eligibility. This form should accompany your document(s). The form and the documents should be submitted to the Conference of General Equity Presiding Judges General Equity Judge in the county where property is located. The judge will review the fee waiver request. Once the judge determines eligibility, your documents will be forwarded to the Superior Court Clerk's Office for filing. If the judge denies the fee waiver request, you will be notified to submit the fee before the documents can be filed., Foreclosure Mediation, Notice of Foreclosure Mediation Availability Free foreclosure mediation is available to try to save your home. Mediation is a process where a neutral third-party hears your case. The mediator does not decide on the case, but guides both parties to an acceptable outcome. Lenders can still pursue foreclosure actions during the mediation process. It is important to begin requesting mediation as soon as possible following a notice of foreclosure. The first step in the process is to file for mediation services. Complete the How to Apply for Foreclosure Mediation filing for mediation form . Eligibility requirements pursuant to Mediation of Eligible Residential Foreclosure Cases Rule 4:64-1B must be met. The request also requires the Foreclosure Mediation Checklist foreclosure mediation checklist . Use the Foreclosure Mediation Financial Worksheet foreclosure mediation financial worksheet to show financial eligibility. The Notice of Motion to Stay Sheriff's Sale and Referral to Mediation stay of sheriff’s sale notice of motion instructions form can be used when requesting mediation. This only applies when the writ of execution has been ordered and the defendant exercised both stays., Be Aware of Scams, Companies promising to get a loan modification or foreclosure rescue are popping up all over New Jersey. You need to protect yourself and your home from scam companies. Carefully check the company's credentials, reputation, and experience. Watch out for warning signs of a scam. Companies can falsely claim to be affiliated with a non-profit or government entity or endorsed by government officials. You should maintain personal contact with your lender and mortgage servicer. Your mortgage lender can help you find real options to avoid foreclosure. You should use the free HUD/NJHMFA-certified housing counselor. , Foreclosure for Renters, Renters in a property facing foreclosure might be protected by New Jersey's Anti-Eviction statute, N.J.S.A. 2A:18-61.1 to 61.12. Legitimate residential tenants have rights to stay on the property during foreclosure. Sometimes renters first find out about the foreclosure when the lender has a writ of possession. If you are a tenant and are served with a complaint, you should consult an attorney. You may also provide the lender's attorney with a copy of your lease. See the Notice to Residential Tenants of Rights During Foreclosure - Appendix XII-K notice to residential tenants of rights during a foreclosure ., Additional Resources for Foreclosure Help, Legal Services of NJ Legal services of New Jersey can help provide legal help. The state’s Department of Banking & Insurance Department of Banking & Insurance provides information on subprime mortgages.
- Committee Of Complex Business Litigation Judges By Vicinage, AOC Committee Staff, Updated Sept. 3, 2024, Vicinage, County(ies), Designated Judge , 1. Atlantic/Cape May Judge Sarah Beth Johnson 2. Bergen Judge William C. Soukas 3. Burlington Judge James J. Ferrelli 4. Camden Presiding Judge Steven J. Polansky 5. Essex Judge Stephen L. Petrillo Judge Keith E. Lynott 6. Hudson Judge Anthony V. D’Elia 7. Mercer Presiding Judge Douglas H. Hurd 8. Middlesex Judge Gary K. Wolinetz 9. Monmouth Judge Chad N. Cagan 10. Morris/Sussex Presiding Judge Frank J. DeAngelis 11. Passaic Presiding Judge Darren J. DelSardo 12. Union Presiding Judge Robert J. Mega. (primary) Assignment Judge Lisa M. Walsh (back-up) 13. Somerset/Hunterdon/Warren Judge William G. Mennen 14. Ocean Presiding Judge Craig L. Wellerson, (Committee Chair) , 15. Cumberland/Gloucester/Salem Judge James R. Swift
- File an Ethics Grievance, 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 find out what District the attorney practices in, please call the OAE at 609-403-7800 609-403-7800 . Please have the 5-digit zip code of the attorney’s address. If an Request an Interpreter for a Court Event Interpreter , and/or an ADA Title II Get Help ADA Accommodation , are 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
- Become a Law Clerk, Apply to become a law clerk in the New Jersey Courts for challenging work, skill-building, new connections, and impactful public service with various benefits including paid leave and student loan forgiveness. Group Image, A clerkship means busy days, challenging work, and new connections that can drive your career forward., Why clerk for the New Jersey Courts? Build skills & relationships Collaborate on real cases Experience legal leadership No residency requirement Paid time off Pension and benefits Student loan forgiveness Impactful public service Apply Online Submit Your Application Find a Judge Locate Judicial Profiles Recommendations Upload Letters, Application Season Starts in June!, Students generally apply at the end of their 2L year for clerkships that start the August after graduation. New lawyers with four years of experience or less also are encouraged to apply. Read the self-registration guide ., Supreme Court Clerkships, The New Jersey Supreme Court is the state’s highest appellate court. Arguments are heard at the R.J. Hughes Justice Complex in Trenton, but the justices and their clerks work in chambers around the state. The court has issued ground-breaking case law in many areas, including individual rights, education, housing, product liability, family law, and criminal procedure., Positions:, 21, Tasks:, Perform legal research; write memoranda; help draft court opinions., Skills Required:, Legal research and writing. Law clerk typing on the computer, Appellate Division Clerkships, The Appellate Division of Superior Court is an intermediate appellate court. Appellate chambers are located throughout the state, and arguments are heard by panels of two or three judges in courtrooms in Trenton, Morristown, Newark, and Atlantic City. Each of the 32 appellate judges has two law clerks. Applicants who have or will have clerked in the trial court are eligible to be considered for a successive appellate clerkship., Positions:, 64, Tasks:, Perform legal research; write memoranda; edit published and unpublished opinion drafts; triage emergent matters at times; prepare summer research memos., Skills Required:, Legal research, legal writing, familiarity with Blue Book style. “I believe my clerkship significantly helped me develop skills that will benefit me as a first-year practicing attorney. I had a wonderful experience, learned a tremendous amount, and feel more confident going into my next position. My familiarity with the judiciary and more specifically, the Appellate Division, has been very useful. I've made connections with people I intend to keep moving forward in my career.”, Assignment Judge Clerkships, Assignment judges oversee the Superior Court in each vicinage. Assignment judges are required to hear certain types of cases for their vicinage. They also will hear other cases, depending on the needs of the vicinage and their own professional background. Researching the AJ’s previous assignments can be a helpful indicator of what types of tasks their law clerk will support., Positions:, 30, Tasks:, Legal research and writing; help draft opinions and orders; moderate remote proceedings; communicate frequently with attorneys, self-represented litigants, and court staff; manage adjournments requests, with the judge’s input; handle emergent applications., Skills Required:, Legal research, organization, communication. “I really think this clerkship opened doors for my career that would not else be available. Great firms reached out specifically to the clerks to interview them.”, Family Division Clerkships, The family division handles some of the most complex cases in Superior Court. Judges resolve disputes involving children, youth, spouses, and domestic partners. As such, family division law clerks can gain experience on a wide range of legal issues and casework. Cases include adoption, abuse and neglect, child placement review, dissolution, non-dissolution, kinship and legal guardianship, juvenile delinquency, domestic violence, and Sexual Assault Survivor Protection Act.There are no jury trials in the Family Division. Many cases involve self-represented litigants who need frequent contact with law clerks. Clerks work directly with judges, lawyers, and litigants. Their efforts will have a direct impact on the lives of families in New Jersey., Positions:, 120, Tasks:, Legal research and writing; help draft opinions and orders; moderate remote proceedings; communicate frequently with attorneys, self-represented litigants, and court staff; manage adjournments requests, with the judge’s input; handle emergent applications., Skills Required:, Legal research, legal writing, mediation training or coursework. “I found the position very helpful in preparing for the legal world. The clerkship provided me with the experience of what it would be like practicing in the legal field, an experience that law school does not provide.”, Criminal Division Clerkships, The Criminal Division trial judges are responsible for managing cases in which a person has been charged with committing one or more criminal offenses, for example, murder, assault, robbery, or drug distribution. Certain judges also preside over Recovery Court Program cases, which serves offenders who are likely to benefit from treatment and do not pose a risk to public safety. Some judges have additional tasks assigned, such as expungements, applications for post-conviction relief, Megan’s Law cases, gun permit appeals, and wiretap applications. Most judges also conduct pre-trial detention and release revocation hearings., Positions:, 120, Tasks:, Conduct legal research; assist with drafting jury instructions and legal opinions; draft court orders as well as sentencing and other memoranda; manage motion calendar; perform case management functions; assist and occasionally conduct remote proceedings; communicate with attorneys and court staff., Skills Required:, Legal research and writing; organization; communication. “Clerking in the trial level, the majority of which was in criminal, gave me invaluable insight into the practice of law that I was not exposed to in law school or in any internships that I have had.”, Civil Division Clerkships, The civil division, which includes both the civil part and the special civil part, resolves disputes involving monetary compensation for a harm that the defendant has cause the plaintiff. Civil cases encompass a wide array of subject matters and range in complexity from two-party cases to class action and multi-county adjudication impacting many individuals. Examples of civil cases include auto accidents, medical and legal malpractice claims, product liability and toxic torts, civil rights actions, employment and other discrimination suits, civil commitments, election law cases, environmental litigation, land use, zoning and planning, and landlord-tenant disputes., Positions:, 110, Tasks:, Prepare bench memoranda for civil motions and for motional in limine; Review pre-trial memoranda and prepare voir dire and points for charge for civil trials; perform legal research; draft court orders; prepare legal correspondence; manage motion calendar; assist with drafting legal opinions; assist with case management functions; communicate with attorneys, self-represented litigants, court staff; bar associations and legal services, and the public., Skills Required:, Legal research and writing, organization, communication. “The clerkship is a fantastic experience. The clerkship is the perfect time to meet judges and attorneys. It's the time to build a relationship and learn how each judge likes to run their courtroom. It's also the time to ask any question about the process or any law that you may have. I think that some people who don't know must about clerkships aren't aware of the relationships and mentor you get with your judge and the rest of court staff who you would be seeing regularly if you choose to practice in that area. I would recommend a clerkship to anyone.”, General Equity (Chancery) Clerkships, General equity and probate part resolves cases that primarily involving non-monetary relief, such as protection of trade secrets, enforcing non-compete agreements, foreclosure, and appointing guardians for incapacitated individuals, and probate., Positions:, 20, Tasks:, Conduct legal research; review case documents to prepare bench memoranda; draft orders; proofread judges’ orders and opinions; interact with attorneys and self-represented litigants; attend court events and settlement conferences; assist with emergent temporary restraining order applications., Skills Required:, Legal research and writing; organization; communication. “I enjoyed the Chancery Division, General Equity cases. The work was very substantive. I also think it was a pleasure working with the entire court staff, who were all really helpful.”, Tax Court Clerkships, The court hears appeals on local property taxes and Division of Taxation decisions on gross income, sales and business taxes, and homestead rebates. This small court focused exclusively on these issues and have contributed to the development of a consistent, uniform body of law for taxpayers and tax administrators to follow. It has also helped promote the development of a qualified and informed state and local tax bar. Chambers are located in Newark and Trenton. Some Tax Court judges are also assigned to certain Superior Courts and their chambers are the county courthouse., Positions:, 12, Tasks:, Review and process motions; perform legal research; draft case management orders and other legal documents; manage motion calendar; help moderate remote court proceedings; communicate directly with attorneys, litigants, court users, and staff., Skills Required:, Legal research, organization, communication. “My experience with the Tax Court has been excellent. The judges that are a part of the judiciary are of the highest quality that I have experienced so far, and the integrity of the judges has provided me with an example of the type of court I would like to practice in.”, Kickstart your legal career with hands-on experience — apply today!, Apply Now
- Article V. Privileges, N.J.R.E. 500. General Rule Privileges as they now exist or may be modified by law shall be unaffected by the adoption of these rules. For convenience in reference certain existing provisions of law relating to privileges are enumerated in Article V. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 501. Privilege of Accused, N.J.S.A. 2A:84A-17 provides: (1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify. (2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant. (3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-17 amended by the Legislature, L. 1992, c. 142, § 1, eff. Nov. 17, 1992; L. 2006, c. 103, § 90, eff. Feb. 19, 2007., N.J.R.E. 502. Definition of Incrimination, N.J.S.A. 2A:84A-18 provides: Within the meaning of this article, a matter will incriminate (a) if it constitutes an element of a crime against this State, or another State or the United States, or (b) is a circumstance which with other circumstances would be a basis for a reasonable inference of the commission of such a crime, or (c) is a clue to the discovery of a matter which is within clauses (a) or (b) above; provided, a matter will not be held to incriminate if it clearly appears that the witness has no reasonable cause to apprehend a criminal prosecution. In determining whether a matter is incriminating under clauses (a), (b) or(c) and whether a criminal prosecution is to be apprehended, other matters in evidence, or disclosed in argument, the implications of the question, the setting in which it is asked, the applicable statute of limitations and all other factors, shall be taken into consideration. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 503. Self-Incrimination, N.J.S.A. 2A:84A-19 provides: Subject to Rule 37 [Rule 530], every natural person has a right to refuse to disclose in an action or to a police officer or other official any matter that will incriminate him or expose him to a penalty or a forfeiture of his estate, except that under this rule: (a) no person has the privilege to refuse to submit to examination for the purpose of discovering or recording his corporal features and other identifying characteristics or his physical or mental condition; (b) no person has the privilege to refuse to obey an order made by a court to produce for use as evidence or otherwise a document, chattel or other thing under his control if some other person or a corporation or other association has a superior right to the possession of the thing ordered to be produced; (c) no person has a privilege to refuse to disclose any matter which the statutes or regulations governing his office, activity, occupation, profession or calling, or governing the corporation or association of which he is an officer, agent or employee, require him to record or report or disclose except to the extent that such statutes or regulations provide that the matter to be recorded, reported or disclosed shall be privileged or confidential; (d) subject to the same limitations on evidence affecting credibility as apply to any other witness, the accused in a criminal action or a party in a civil action who voluntarily testifies in the action upon the merits does not have the privilege to refuse to disclose in that action, any matter relevant to any issue therein. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 504. Lawyer-Client Privilege, N.J.S.A. 2A:84A-20 provides:, (1) General rule., Subject to Rule 37 [Rule 530] and except as otherwise provided by paragraph 2 of this rule communications between lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (a) to refuse to disclose any such communication, and (b) to prevent his lawyer from disclosing it, and (c) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (i) in the course of its transmittal between the client and the lawyer, or (ii) in a manner not reasonably to be anticipated, or (iii) as a result of a breach of the lawyer-client relationship, or (iv) in the course of a recognized confidential or privileged communication between the client and such witness. The privilege shall be claimed by the lawyer unless otherwise instructed by the client or his representative; the privilege may be claimed by the client in person, or if the client is incapacitated or deceased, by his guardian or personal representative. Where a corporation or association is the client having the privilege and it has been dissolved, the privilege may be claimed by its successors, assigns or trustees in dissolution., (2) Exceptions., Such privilege shall not extend (a) to a communication in the course of legal service sought or obtained in aid of the commission of a crime or a fraud, or (b) to a communication relevant to an issue between parties all of whom claim through the client, regardless of whether the respective claims are by testate or intestate succession or by inter vivos transaction, or (c) to a communication relevant to an issue of breach of duty by the lawyer to his client, or by the client to his lawyer. Where 2 or more persons have employed a lawyer to act for them in common, none of them can assert such privilege as against the others as to communications with respect to that matter., (3) Definitions., As used in this rule (a) "client" means a person or corporation or other association that, directly or through an authorized representative, consults a lawyer or the lawyer's representative for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity; and includes a person who is incapacitated whose guardian so consults the lawyer or the lawyer's representative in behalf of the person who is incapacitated, (b) "lawyer" means a person authorized, or reasonably believed by the client to be authorized to practice law in any State or nation the law of which recognizes a privilege against disclosure of confidential communications between client and lawyer. A communication made in the course of a relationship between lawyer and client shall be presumed to have been made in professional confidence unless knowingly made within the hearing of some person whose presence nullified the privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended 2013, c. 103, § 16, eff. Aug. 7, 2013., N.J.R.E. 505. Psychologist Privilege, N.J.S.A. 45:14B-28 provides: The confidential relations and communications between and among a licensed practicing psychologist and individuals, couples, families or groups in the course of the practice of psychology are placed on the same basis as those provided between attorney and client, and nothing in this act shall be construed to require any such privileged communications to be disclosed by any such person. There is no privilege under this section for any communication: (a) upon an issue of the client's condition in an action to commit the client or otherwise place the client under the control of another or others because of alleged incapacity, or in an action in which the client seeks to establish his competence or in an action to recover damages on account of conduct of the client which constitutes a crime; or (b) upon an issue as to the validity of a document as a will of the client; or (c) upon an issue between parties claiming by testate or intestate succession from a deceased client. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 45:14B-28 amended by the Legislature, L. 1994, c. 134, § 11, eff. Oct. 31, 1994; 1997, c. 379, § 11, eff. Jan 19, 1998., N.J.R.E. 506. Patient and Physician Privilege, (a) N.J.S.A. 2A:84A-22.1 provides: As used in this act, (a) "patient" means a person who, for the sole purpose of securing preventive, palliative, or curative treatment, or a diagnosis preliminary to such treatment, of the patient’s physical or mental condition, consults a physician, or submits to an examination by a physician; (b) "physician" means a person authorized or reasonably believed by the patient to be authorized, to practice medicine in the State or jurisdiction in which the consultation or examination takes place; (c) "holder of the privilege" means the patient while alive and not under the guardianship of the guardian of the person of a patient who is incapacitated, or the personal representative of a deceased patient; (d) "confidential communication between physician and patient" means such information transmitted between physician and patient, including information obtained by an examination of the patient, as is transmitted in confidence and by a means which, so far as the patient is aware, discloses the information to no third persons other than those reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it is transmitted. (b) N.J.S.A. 2A:84A-22.2 provides: Except as otherwise provided in this act, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a crime or violation of the disorderly persons law or for an act of juvenile delinquency to refuse to disclose, and to prevent a witness from disclosing, a communication, if he claims the privilege and the judge finds that (a) the communication was a confidential communication between patient and physician, and (b) the patient or the physician reasonably believed the communication to be necessary or helpful to enable the physician to make a diagnosis of the condition of the patient or to prescribe or render treatment therefore, and (c) the witness (i) is the holder of the privilege or (ii) at the time of the communication was the physician or a person to whom disclosure was made because reasonably necessary for the transmission of the communication or for the accomplishment of the purpose for which it was transmitted or (iii) is any other person who obtained knowledge or possession of the communication as the result of an intentional breach of the physician's duty of nondisclosure by the physician or his agent or servant and (d) the claimant is the holder of the privilege or a person authorized to claim the privilege for him. (c) N.J.S.A. 2A:84A-22.3 provides: There is no privilege under this act as to any relevant communication between the patient and his physician (a) upon an issue of the patient's condition in an action to commit him or otherwise place him under the control of another or others because of alleged incapacity, or in an action in which the patient seeks to establish his competence or in an action to recover damages on account of conduct of the patient which constitutes a criminal offense other than a misdemeanor, or (b) upon an issue as to the validity of a document as a will of the patient, or (c) upon an issue between parties claiming by testate or intestate succession from a deceased patient. (d) N.J.S.A. 2A:84A-22.4 provides: There is no privilege under this act in an action in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party or under which the patient is or was insured. (e) N.J.S.A. 2A:84A-22.5 provides: There is no privilege under this act as to information which the physician or the patient is required to report to a public official or as to information required to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed. (f) N.J.S.A. 2A:84A-22.6 provides: No person has a privilege under this act if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the services of the physician were sought or obtained to enable or aid anyone to commit or to plan to commit a crime or a tort, or to escape detection or apprehension after the commission of a crime or a tort. (g) N.J.S.A. 2A:84A-22.7 provides: A privilege under this act as to a communication is terminated if the judge finds that any person while a holder of the privilege has caused the physician or any agent or servant of the physician to testify in any action to any matter of which the physician or his agent or servant gained knowledge through the communication. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22.3 amended by the Legislature, L. 1997, c. 379, § 10, eff. Jan. 19, 1998; amended 2013, c. 103, § 18, eff. Aug. 7, 2013., N.J.R.E. 507. Utilization Review Committees of Certified Hospital or Extended Care Facility; Exceptions, (a) N.J.S.A. 2A:84A-22.8 provides: Information and data secured by and in the possession of utilization review committees established by any certified hospital or extended care facility in the performance of their duties shall not be revealed or disclosed in any manner or under any circumstances by any member of such committee except to: (a) a patient's attending physician, (b) the chief administrative officer of the hospital or extended care facility which it serves, (c) the medical executive committee, or comparable enforcement unit, of such hospital or extended care facility, (d)representatives of, including intermediaries or carriers for, government agencies in the performance of their duties, under the provisions of Federal and State law, or (e) any hospital service corporation, medical service corporation or insurance company with which said patient has pertinent coverage under a contract, policy or certificate, the terms of which authorize the carrier to request and be given such information and data. (b) N.J.S.A. 2A:84A-22.9 provides: No member of a utilization review committee may be held liable for damages or otherwise prejudiced in any manner by reason of recommendations or findings made by said committee or for furnishing information or data obtained in the course of his duties as a member of a committee to the persons and officials mentioned in section 1 [2A:84A-22.8] hereof. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 508. Newsperson's Privilege, (a) N.J.S.A. 2A:84A-21 provides: Subject to Rule 37 [Rule 530], a person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or quasilegal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere: a. The source, author, means, agency or person from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered; and b. Any news or information obtained in the course of pursuing his professional activities whether or not it is disseminated. The provisions of this rule insofar as it relates to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least 1 year from the date of an actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast. (b) N.J.S.A. 2A:84A-21a provides: Unless a different meaning clearly appears from the context of this act, as used in this act: a. "News media" means newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanical or electronic means of disseminating news to the general public. b. "News" means any written, oral or pictorial information gathered, procured, transmitted, compiled, edited or disseminated by, or on behalf of any person engaged in, engaged on, connected with or employed by a news media and so procured or obtained while such required relationship is in effect. c. "Newspaper" means a paper that is printed and distributed ordinarily not less frequently than once a week and that contains news, articles of opinion, editorials, features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at a United States post office as second class matter. d. "Magazine" means a publication containing news which is published and distributed periodically, has a paid circulation and has been entered at a United States post office as second class matter. e. "News agency" means a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters. f. "Press association" means an association of newspapers or magazines formed to gather and distribute news to its members. g. "Wire service" means a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters. h. "In the course of pursuing his professional activities" means any situation, including a social gathering, in which a reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which a reporter intentionally conceals from the source the fact that he is a reporter, and does not include any situation in which a reporter is an eyewitness to, or participant in, any act involving physical violence or property damage. (c) N.J.S.A. 2A:84A-21.1 provides: Where a newsperson is required to disclose information pursuant to a subpoena issued by or on behalf of a defendant in a criminal proceeding, not including proceedings before administrative or investigative bodies, grand juries, or legislative committees or commissions, the provisions and procedures in this act are applicable to the claim and exercise of the newsperson's privilege under Rule 27 (C. 2A:84A-21). (d) N.J.S.A. 2A:84A-21.2 provides: Proceedings pursuant to this act shall take place before the trial, except that the court may allow a motion to institute proceedings pursuant to this act to be made during trial if the court determines that the evidence sought is newly discovered and could not have been discovered earlier through the exercise of due diligence. (e) N.J.S.A. 2A:84A-21.3 provides: a. To sustain a claim of the newsperson's privilege under Rule 27 [Rule 508(a)] the claimant shall make a prima facie showing that he is engaged in, connected with or employed by a news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated, and that the subpoenaed materials were obtained in the course of pursuing his professional activities. b. To overcome a finding by the court that the claimant has made a prima facie showing under a. above, the party seeking enforcement of the subpoena shall show by clear and convincing evidence that the privilege has been waived under Rule 37 [Rule 530] (C. 2A:84A-29) or by a preponderance of the evidence that there is a reasonable probability that the subpoenaed materials are relevant, material and necessary to the defense, that they could not be secured from any less intrusive source, that the value of the material sought as it bears upon the issue of guilt or innocence outweighs the privilege against disclosure, and that the request is not overbroad, oppressive, or unreasonably burdensome which may be overcome by evidence that all or part of the information sought is irrelevant, immaterial, unnecessary to the defense, or that it can be secured from another source. Publication shall constitute a waiver only as to the specific materials published. c. The determinations to be made by the court pursuant to this section shall be made only after a hearing in which the party claiming the privilege and the party seeking enforcement of the subpoena shall have a full opportunity to present evidence and argument with respect to each of the materials or items sought to be subpoenaed. (f) N.J.S.A. 2A:84A-21.4 provides: Upon a finding by the court that there has been a waiver as to any of the materials sought or that any of the materials sought meet the criteria set forth in subsection 3.b. [C.2A:84A-21.3(b)], the court shall order the production of such materials, and such materials only, for in camera inspection and determination as to its probable admissibility in the trial. The party claiming the privilege and the party seeking enforcement of the subpoena shall be entitled to a hearing in connection with the in camera inspection of such materials by the court, during which hearing each party shall have a full opportunity to be heard. If the court, after its in camera review of the materials, determines that such materials are admissible according to the standards set forth in subsection 3.b., the court shall direct production of such materials, and such materials only. (g) N.J.S.A. 2A:84A-21.5 provides: After any hearing conducted by the court pursuant to section 3 or 4 [C.2A:84A-21.3 or 2A:84A-21.4] hereof, the court shall make specific findings of fact and conclusions of law with respect to its rulings, which findings shall be in writing or set forth on the record. (h) N.J.S.A. 2A:84A-21.6 provides: An interlocutory appeal taken from a decision to uphold or quash a subpoena shall act as a stay of all penalties which may have been imposed for failure to comply with the court's order. The record on appeal shall be kept under seal until such time as appeals are exhausted. In the event that all material or any part thereof is found to be privileged, the record as to that privileged material shall remain permanently sealed. Any subpoenaed materials which shall, upon exhaustion and determination of such appeals, be found to be privileged, shall be returned to the party claiming the privilege. (i) N.J.S.A. 2A:84A-21.7 provides: Where proceedings are instituted hereunder by one of several co-defendants in a criminal trial, notice shall be provided to all of the co- defendants. Any co-defendant shall have the right to intervene if the co-defendant can demonstrate, pursuant to section 3 [C.2A:84A-21.3], that the materials sought by the issuance of the subpoena bear upon his guilt or innocence. Where such intervention is sought by a co-defendant, that co-defendant shall be required, prior to being permitted to participate in any in camera proceeding, to make that showing required of a defendant in section 3. (j) N.J.S.A. 2A:84A-21.8 provides: If the court finds no reasonable basis for requesting the information has been shown, costs, including counsel fee, may be assessed against the party seeking enforcement of the subpoena. Where an application for costs or counsel fee is made, the judge shall set forth his reasons for awarding or denying same. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 509. Marital Privilege -- Confidential Communications, N.J.S.A. 2A:84A-22 provides: (1) Except as otherwise provided in this section, no person shall disclose any communication made in confidence between such person and his or her spouse or civil union partner. (2) There is no privilege: (a) if both spouses or partners consent to the disclosure; (b) if the communication is relevant to an issue in an action between the spouses or partners; (c) in a criminal action or proceeding in which either spouse or partner consents to the disclosure; (d) in a criminal action or proceeding coming within section 17 of P.L. 1960, c. 52 (C.2A:84-17); or (e) in a criminal action or proceeding if the communication relates to an ongoing or future crime or fraud in which the spouses or partners were or are joint participants at the time of the communication. (3) When a spouse or partner is incapacitated or deceased, consent to the disclosure may be given for such spouse or partner by the guardian, executor, or administrator. The requirement for consent shall not terminate with divorce, dissolution of civil union or separation. A communication between spouses or partners while living separate and apart under a divorce from bed and board or legal separation from a partner in a civil union shall not be a privileged communication. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22 amended by the Legislature, L. 1992, c. 142, § 2, effective Nov. 17, 1992; amended by the Legislature, L. 2015, c. 138, adopted Dec. 8, 2015, effective Nov. 9, 2015, with conforming amendment to the rule adopted Dec. 8, 2015 to be effective retroactive to Nov. 9, 2015., N.J.R.E. 510. Marriage Counselor Privilege, N.J.S.A. 45:8B-29 provides: A communication between a marriage and family therapist and the person or persons in therapy shall be confidential and its secrecy preserved. This privilege shall not be subject to waiver, except where the marriage and family therapist is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case, the waiver shall be limited to that action. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 45:8B-29 amended by the Legislature, L. 1995, c. 366, § 16, eff. Jan. 5, 1996., N.J.R.E. 511. Priest-Penitent Privilege, N.J.S.A. 2A:84A-23 provides: Any communication made in confidence to a cleric in the cleric's professional character, or as a spiritual advisor in the course of the discipline or practice of the religious body to which the cleric belongs or of the religion which the cleric professes, shall be privileged. Privileged communications shall include confessions and other communications made in confidence between and among the cleric and individuals, couples, families or groups in the exercise of the cleric's professional or spiritual counseling role. As used in this section, "cleric" means a priest, rabbi, minister or other person or practitioner authorized to perform similar functions of any religion. The privilege accorded to communications under this rule shall belong to both the cleric and the person or persons making the communication and shall be subject to waiver only under the following circumstances: (1) Both the person or persons making the communication and the cleric consent to the waiver of the privilege; or (2) The privileged communication pertains to a future criminal act, in which case, the cleric alone may, but is not required to, waive the privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-23 amended by the Legislature, L. 1994, c. 123, § 1, eff. Oct. 26, 1994., N.J.R.E. 512. Religious Belief, N.J.S.A. 2A:84A-24 provides: Every person has a privilege to refuse to disclose his theological opinion or religious belief unless his adherence or nonadherence to such an opinion or belief is material to an issue in the action other than that of his credibility as a witness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 513. Political Vote, N.J.S.A. 2A:84A-25 provides: Every person has a privilege to refuse to disclose the tenor of his vote at a political election unless the judge finds that the vote was cast illegally. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 514. Trade Secret, N.J.S.A. 2A:84A-26 provides: The owner of a trade secret has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose the secret and to prevent other persons from disclosing it if the judge finds that the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 515. Official Information, N.J.S.A. 2A:84A-27 provides: No person shall disclose official information of this State or of the United States (a) if disclosure is forbidden by or pursuant to any Act of Congress or of this State, or (b) if the judge finds that disclosure of the information in the action will be harmful to the interests of the public. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 516. Identity of Informer, N.J.S.A. 2A:84A-28 provides: A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (a) the identity of the person furnishing the information has already been otherwise disclosed or (b) disclosure of his identity is essential to assure a fair determination of the issues. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 517. Victim Counselor Privilege, (a) N.J.S.A. 2A:84A-22.13 provides: The Legislature finds and declares that: a. The emotional and psychological injuries that are inflicted on victims of violence are often more serious than the physical injuries suffered; b. Counseling is often a successful treatment to ease the real and profound psychological trauma experienced by these victims and their families; c. In the counseling process, victims of violence openly discuss their emotional reactions to the crime. These reactions are often highly intertwined with their personal histories and psychological profile; d. Counseling of violence and victims is most successful when the victims are assured their thoughts and feelings will remain confidential and will not be disclosed without their permission; and e. Confidentiality should be accorded all victims of violence who require counseling whether or not they are able to afford the services of private psychiatrists or psychologists. Therefore, it is the public policy of this State to extend a testimonial privilege encompassing the contents of communications with a victim counselor and to render immune from discovery or legal process the records of these communications maintained by the counselor. (b) N.J.S.A. 2A:84A-22.14 provides: As used in this act: a. "Act of violence" means the commission or attempt to commit any of the offenses set forth in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11). b. "Confidential communication" means any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from an act of violence. It includes any advice, report or working paper given or made in the course of the consultation and all information received by the victim counselor in the course of that relationship. c. "Victim" means a person who consults a counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by an act of violence. d. "Victim counseling center" means any office, institution, or center offering assistance to victims and their families through crisis intervention, medical and legal accompaniment and follow-up counseling. e. "Victim counselor" means a person engaged in any office, institution or center defined as a victim counseling center by this act, who has undergone 40 hours of training and is under the control of a direct services supervisor of the center and who has a primary function of rendering advice, counseling or assisting victims of acts of violence. "Victim counselor" includes a rape care advocate as defined in Section 4 of P.L.2001, c.81 (C.52:4B-52). (c) N.J.S.A. 2A:84A-22.15 provides: Subject to Rule 37 [Rule 530] of the Rules of Evidence, a victim counselor has a privilege not to be examined as a witness in any civil or criminal proceeding with regard to any confidential communication. The privilege shall be claimed by the counselor unless otherwise instructed by prior written consent of the victim. When a victim is incapacitated or deceased consent to disclosure may be given by the guardian, executor or administrator except when the guardian, executor or administrator is the defendant or has a relationship with the victim such that he has an interest in the outcome of the proceeding. The privilege may be knowingly waived by a juvenile. In any instance where the juvenile is, in the opinion of the judge, incapable of knowing consent, the parent or guardian of the juvenile may waive the privilege on behalf of the juvenile, provided that the parent or guardian is not the defendant and does not have a relationship with the defendant such that he has an interest in the outcome of the proceeding. A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a domestic violence shelter or any other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding. (d) N.J.S.A. 2A:84A-22.16 provides: Nothing in this act shall be deemed to prevent the disclosure to a defendant in a criminal action of statements or information given by a victim to a county victim-witness coordinator, where the disclosure of the statements or information is required by the Constitution of this State or of the United States. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22.14 amended by the Legislature, L. 2001, c. 81, § 1, eff. May 4, 2001; amended 2013, c. 103, § 19, eff. Aug. 7, 2013., N.J.R.E. 518. Social Worker Privilege, N.J.S.A. 45:15BB-13 provides: A social worker licensed or certified pursuant to the provisions of this act shall not be required to disclose any confidential information that the social worker may have acquired from a client or patient while performing social work services for that client or patient unless: a. Disclosure is required by other State law; b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual; c. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; d. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf; or e. A patient or client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving social work services, each such member agrees to the waiver. Absent a waiver from each family member, a social worker shall not disclose any information received from any family member. , NOTE, : Adopted September 15, 1998 to be effective July 1, 1999., N.J.R.E. 519. Mediator Privilege, (a) N.J.S. 2A:23C-4 provides: a. Except as otherwise provided in section 6 of P.L. 2004, c. 157 (N.J.S. 2A:23C- 6), a mediation communication is privileged as provided in subsection b. of this section and shall not be subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 5 of P.L. 2004, c. 157 (N.J.S. 2A:23C-5). b. In a proceeding, the following privileges shall apply: (1) a mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication. (2) a mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator. (3) a nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant. c. Evidence or information that is otherwise admissible or subject to discovery shall not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. (b) N.J.S. 2A:23C-5 provides: a. A privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. b. A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4), but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. c. A person who intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4). (c) N.J.S. 2A:23C-6 provides: a. There is no privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) made during a session of a mediation that is open, or is required by law to be open, to the public; (3) a threat or statement of a plan to inflict bodily injury or commit a crime; (4) intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime or ongoing criminal activity; (5) sought or offered to prove or disprove a claim or complaint filed against a mediator arising out of a mediation; (6) except as otherwise provided in subsection c., sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or (7) sought or offered to prove or disprove child abuse or neglect in a proceeding in which the Division of Youth and Family Services in the Department of Human Services is a party, unless the Division of Youth and Family Services participates in the mediation. b. There is no privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in: (1) a court proceeding involving a crime as defined in the 'New Jersey Code of Criminal Justice," N.J.S. 2C:1-1 et seq.; or (2) except as otherwise provided in subsection c., a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation. c. A mediator may not be compelled to provide evidence of a mediation communication referred to in paragraph (6) of subsection a. or paragraph (2) of subsection b. d. If a mediation communication is not privileged under subsection a. or b., only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection a. or b. does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose. (d) N.J.S. 2A:23C-7 provides: a. Except as required in subsection b., a mediator may not make a report, assessment, evaluation, recommendation, finding, or other oral or written communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. b. A mediator may disclose: (1) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance; or (2) a mediation communication as permitted under section 6 of P.L. 2004, c. 157 (N.J.S. 2A:23C-6). c. A communication made in violation of subsection a. may not be considered by a court, administrative agency, or arbitrator. (e) N.J.S. 2A:23C-8 provides: Unless made during a session of a mediation which is open, or is required by law to be open, to the public, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. , NOTE, : Adopted September 17, 2007 to be effective July 1, 2008., N.J.R.E. 520 to 529, [Reserved], N.J.R.E. 530. Waiver of Privilege by Contract or Previous Disclosure; Limitations, (a) Except as provided herein with respect to the attorney-client privilege or work- product doctrine, a person waives his right or privilege to refuse to disclose or to prevent another from disclosing a specified matter if he or any other person while the holder thereof has (1) contracted with anyone not to claim the right or privilege or, (2) without coercion and with knowledge of his right or privilege, made disclosure of any part of the privileged matter or consented to such a disclosure made by anyone. (b) Except as provided herein with respect to the attorney-client privilege or work- product doctrine, a disclosure which is itself privileged or otherwise protected by the common law, statutes or rules of court of this State, or by lawful contract, shall not constitute a waiver under this section. The failure of a witness to claim a right or privilege with respect to one question shall not operate as a waiver with respect to any other question., (c) Attorney-Client Privilege and Work Product; Limitations on Waiver., The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection., (1) Disclosure Made in a State Proceeding or to a State Office or Agency; Scope of a Waiver., When the disclosure is made in a state proceeding or to a state office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication in a state proceeding only if: (A) the waiver is intentional; (B) the disclosed and undisclosed communications or information concern the same subject matter; and (C) they ought in fairness to be considered together., (2) Inadvertent Disclosure., When made in a state proceeding or to a state office or agency, the disclosure does not operate as a waiver in a state proceeding if: (A) the disclosure is inadvertent; (B) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (C) the holder promptly took reasonable steps to rectify the error., (3) Disclosure Made in Another Forum., When the disclosure is made in another state or in a federal proceeding, the disclosure does not operate as a waiver in the New Jersey proceeding if the disclosure: (A) would not be a waiver under this rule if it had been made in a New Jersey proceeding; or (B) is not a waiver under the law of the forum where the disclosure occurred., (4) Controlling Effect of a Court Order., A court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court, in which event the disclosure is also not a waiver in any other federal or state proceeding. The existence of such an agreement between the parties shall not limit a party’s right to conduct a review of documents, electronically stored information or other information for relevance, responsiveness or segregation of privileged or protected information before production., (5) Controlling Effect of a Party Agreement., An agreement on the effect of a disclosure in a state proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. (6) Definitions. In this rule: (A) “attorney-client privilege” means the protection afforded under New Jersey Rule of Evidence 504; and (B) “work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; text amended and paragraphs (a) and (b) redesignated, and new paragraph (c) adopted September 16, 2019 to be effective July 1, 2020., N.J.R.E. 531. Admissibility of Disclosure Wrongfully Compelled, N.J.S.A. 2A:84A-30 provides: Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the disclosure was wrongfully made or erroneously required. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 532. Reference to Exercise of Privileges, N.J.S.A. 2A:84A-31 provides: If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 533. Effect of Error in Overruling Claim of Privilege, N.J.S.A. 2A:84A-32 provides: (1) A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege. (2) If a witness refuses to answer a question, under color of a privilege claimed pursuant to Rules 23 through 38 [Rules 501 through 531], after the judge has ordered the witness to answer, and a contempt proceeding is brought against the witness, the court hearing the same shall order it dismissed if it appears that the order directing the witness to answer was erroneous. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 534. Mental Health Service Provider – Patient Privilege, (a) Definitions., In this rule: (1) “Confidential communications” means such information transmitted between a mental-health service provider and patient in the course of treatment of, or related to, that individual’s condition of mental or emotional health, including information obtained by an examination of the patient, that is transmitted in confidence, and is not intended to be disclosed to third persons, other than: (i) those present to further the interest of the patient in the diagnosis or treatment; (ii) those reasonably necessary for the transmission of the information, including the entity through which the mental-health service provider practices; and (iii) persons who are participating in the diagnosis or treatment of the patient under the direction of a mental-health service provider, including authorized members of the patient’s family, the patient’s guardian, the patient’s conservator, and/or the patient’s personal representative. (2) "Diagnosis or treatment" shall include consultation, screening, interview, examination, assessment, evaluation, diagnosis or treatment. (3) “Mental-health service provider” means a person authorized or reasonably believed by the patient to be authorized to engage in the diagnosis or treatment of a mental or emotional condition, and is specifically intended to include: (i) Psychologists, consistent with the definition under N.J.R.E. 505 and N.J.S.A. 45:14B-2(a), ‘licensed practicing psychologist,’ and N.J.S.A. 45:14B-6(a)(1), (b), (c), (d), (e), (f), and (g), governing persons engaged in authorized activities of certain unlicensed practicing psychologists; (ii) Physicians, including psychiatrists, consistent with the definition under N.J.R.E. 506 and N.J.S.A. 2A:84A-22.1(b); (iii) Marriage and family therapists, consistent with the definition under N.J.R.E. 510 and N.J.S.A. 45:8B-2(a), "licensed marriage and family therapist," and N.J.S.A. 45:8B-6, governing unlicensed persons who may engage in specified activities related to, consisting of marriage and family therapy; (iv) Social workers, consistent with the definition under N.J.R.E. 518 and N.J.S.A. 45:15BB-3, and including social work interns and certified school social worker as defined in N.J.S.A. 45:15BB-5(b) and (c); (v) Alcohol and drug counselors, consistent with the definitions under N.J.S.A. 45:2D-3 and N.J.A.C. 13:34C-4.5 (licensed and certified Alcohol and drug counselors); (vi) Nurses, consistent with the definition under N.J.S.A. 45:11-23; (vii) Professional counselors, associate counselors or rehabilitation counselors consistent with the definition under N.J.S.A. 45:8B-40, -41, -41.1 8, and persons authorized to provide counseling pursuant to N.J.S.A. 45:8B-48(b), (c), (d); (viii) Psychoanalysts, consistent with the definition under N.J.S.A. 45:14BB-3; (ix) Midwives, consistent with the definition under N.J.S.A. 45:10-1 (x) Physician assistants, consistent with the definition under N.J.S.A. 45:9-27.15; and (xi) Pharmacists, consistent with the definition under N.J.S.A. 45:14-41. (4) “Patient” means an individual, who undergoes diagnosis or treatment with or by a mental-health service provider for the purpose of diagnosis or treatment related to that patient’s condition of mental or emotional health, including addiction to legal or illegal substances, whether referred to as client, person in therapy, or some other equivalent term in the context of the relationship., (b) General Rule of Privilege., A patient has a privilege to refuse to disclose in a proceeding, and to prevent any other person from disclosing confidential communications, as defined in subsection (a)(1)., (c) Who May Claim the Privilege., The privilege under this rule may be claimed by the patient, the patient’s guardian or conservator, the personal representative of a deceased patient, or if authorized by the patient, a member or members of the patient’s family. The person who was the mental-health service provider at the time of the communication is presumed to have authority to claim the privilege, but only on behalf of the patient or deceased patient. The mental-health service provider shall claim the privilege unless otherwise instructed by the patient or, as applicable, members of the patient’s family, the patient’s guardian or conservator, or the personal representative of a deceased patient., (d) Violent Crime Victim; Other Communications., (1) Violent Crime Victim., Any confidential communication between any of the mental health service providers listed in this rule and a victim of violent crime, as defined in N.J.S.A. 2A:84A-22.14c, shall be evaluated under the provisions of the “Victim Counselor Privilege” contained in N.J.R.E. 517, and not under the provisions set forth herein. Nothing in this act shall be construed to dilute or alter the scope of the Victim Counselor Privilege., (2) Other Communications., Nothing in this rule shall be construed to limit or otherwise affect any privileges that may apply to communications outside the scope of confidential communications as defined in subsection (a)(1) above., (e) Exceptions., There is no privilege under this rule for a communication: (1) Relevant to an issue of the patient's condition in a proceeding to commit the patient or otherwise place the patient under the control of another or others because of alleged incapacity; (2) Relevant to an issue in a proceeding in which the patient seeks to establish his competence, or in a criminal matter where the defendant's competence to stand trial is put at issue; (3) Relevant to an issue in a proceeding to recover damages on account of conduct of the patient which constitutes a crime; (4) Upon an issue as to the validity of a will of the patient; (5) Relevant to an issue in a proceeding between parties claiming by testate or intestate succession from a deceased patient; (6) Made in the course of any investigation or examination, whether ordered by the court or compelled pursuant to Court Rule, of the physical, mental, or emotional condition of the patient, whether a party or a witness, with respect to the particular purpose for which the examination is ordered, unless the court orders otherwise, and provided that a copy of the order is served upon the patient prior to the communication, indicating among other things that such communications may not be privileged in subsequent commitment proceedings; (7) Relevant to an issue in a proceeding in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party or under which the patient is or was insured; (8) If the court finds that any person, while a holder of the privilege, has caused the mental-health service provider to testify in any proceeding to any matter of which the mental-health service provider gained knowledge through the communication; (9) In the course of mental health services sought or obtained in aid of the commission of a crime or fraud, provided that this exception is subject to the protections found in N.J.R.E. 501 and N.J.R.E. 509 and is not intended to modify or limit them; (10) Relevant to an issue in a proceeding against the mental-health service provider, arising from the mental-health services provided, in which case the waiver shall be limited to that proceeding. (11) Relevant to a proceeding concerning an application to purchase, own, sell, transfer, possess or carry a firearm, including but not limited to applications pursuant to N.J.S.A. 2C:58-3, or 2C:58-4, or a proceeding concerning the return of a firearm pursuant to N.J.S.A. 2C:25-21(d)(3)., (f) Disclosure Pursuant to Statutory Duty to Report to a Public Official or Office., Nothing in this rule shall prevent a court from compelling disclosure of a statement by a mental-health service provider, patient or other third party to a public official when such statement is made in compliance with a statutory duty to report to a public official, or information required to be recorded in a public office that was in fact recorded in a public office, including but not limited to reports of child or elder abuse or neglect or the abuse or neglect of disabled or incompetent persons, unless the statute requiring the report of record specifically provides that the statement or information shall not be disclosed., (g) Disclosure Where Waiver or Where Exercise of Privilege Would Violate a Constitutional Right., Nothing in this rule shall prevent a court from compelling disclosure where: (1) the patient has expressly or implicitly waived the privilege or authorized disclosure; or (2) exercise of the privilege would violate a constitutional right. , NOTE, : Adopted September 15, 2015 to be effective July 1, 2016.