- 5:4-4-Service of Process in Family Part Summary Actions; Initial Complaints and Applications for Post-Dispositional Relief 5:4-4, Manner of Service., Service of process within this State for Family Part summary actions, including initial complaints and counterclaims, and applications and cross-applications for post-dispositional relief, shall be made in accordance with R. 4:4-4, R. 5:9A-2, or paragraph (b) of this rule. For initial complaints, substituted or constructive service of process outside this State may be made pursuant to the applicable provisions in R. 4:4-4 or R. 4:4-5. Family Part summary actions shall include all non-dissolution initial complaints and counterclaims; applications and cross-applications for post-dispositional relief; applications for post-dispositional relief under the Prevention of Domestic Violence Act; and all kinship legal guardianship actions. Applications for post-dispositional relief shall replace motion practice in Family Part summary actions. The court in its discretion, or upon application of either party, may expand discovery, enter an appropriate case management order, or conduct a plenary hearing on any matter. , Service by Mail Program., Service of process for Family Part summary actions may be effected as follows: , Service by Mail., The Family Part shall mail all documents filed by the parties including the initial complaint, counterclaim, applications, cross-applications, and all supporting documents simultaneously by both certified and ordinary mail to the mailing address of the adverse party provided by the filing party. , Effective Service., Consistent with due process of law, service by mail pursuant to this rule shall have the same effect as personal service, and the simultaneous mailing shall constitute effective service unless there is no proof that the certified mail was received, or either the certified or the regular mail is returned by the postal service marked "moved, unable to forward," "addressee not known," "no such number/street," "insufficient address," "forwarding order expired," or the court has other reason to believe that service was not effected. Process served by mail may be addressed to a post office box. Where process is addressed to the adverse party at that person's place of business or employment, with postal instructions to deliver to addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the adverse party to whom process was mailed. , Ineffective Service., If service cannot be effected by mail or by other means permitted by court rules, the court shall dismiss the complaint or application for post-dispositional relief without prejudice, subject to reinstatement retroactive to the original filing date if service is subsequently effected. , Affidavit or Certification of Non-Military Service., For initial complaints, no order shall be entered by default until an affidavit or certification of non-military service, as prescribed in R. 1:5-7, is provided to the court. The forms and procedures to implement this rule shall be prescribed by the Administrative Director of the Courts. , Vacating Defaults., If process is returned to the court by the postal service subsequent to entry of default and the certified mail receipt displays any of the notations listed in the paragraph (b)(2) of this Rule, or another reason exists to believe that service was not effected, the court shall vacate the order entered by default, immediately notify the filing party or the attorney of the action taken, and reinstitute efforts to serve the adverse party either by mail or personally. The adverse party may, at any time after an order has been entered by default based on mailed service, file a motion or an application for post-dispositional relief, requesting that an order be vacated or modified based on the fact that the adverse party was not served with process prior to entry of the order. A party alleging that process was not received must show that the address to which process was directed was not that person's address at the time that the order was entered. Upon such a showing, the court may conduct a hearing to determine whether the order should be modified or vacated. , Diligent Inquiry in Family Part Summary Actions., For purposes of initial complaints or upon the filing of any application for post-dispositional relief in a Family Part summary action, where the adverse party cannot be located, the filing party must provide the last known home address and demonstrate, through diligent inquiry, that no current address is known for the adverse party. Where it appears to the court by affidavit or certification of diligent inquiry filed by the filing party that the adverse party cannot be located, the court may proceed to hear the matter. For initial complaints, nothing in this rule shall prohibit the court from ordering substituted service by publication in accordance with R. 4:4-5(a)(3). Such diligent inquiry efforts by the filing party should include, as appropriate, inquiries to the relatives and last known employers of the person, the U.S. Postal Service, the NJ Motor Vehicle Commission or the motor vehicle agency of the State where the person was last known to be living, and the United States Department of Defense. The affidavit or certification of diligent inquiry must be in the form as determined by the Administrative Director of the Courts. Vacating default orders shall be in accordance with paragraph (b)(5) of this rule. This request can be made by the filing of a motion or application for post-dispositional relief by a party or, by the court, on its own motion, during any enforcement proceeding. The party alleging that process was not received must demonstrate proof that the home address at the time the notice was sent was not that party's correct home address. The court may conduct a hearing, as it deems necessary, to determine if the order should be modified or vacated. , Enforcement of a Support Order., For purposes of enforcing a support provision in an order or judgment, the court may deem due process requirements for notice and service of process to have been met with respect to the obligor on delivery of written notice to the most recent residential or employer address. If the obligor fails to respond to the notice and no proof is available that the obligor received the notice, the party bringing the enforcement action must show that diligent efforts have been made to locate the obligor by making inquiries to the U.S. Postal Service, the Motor Vehicle Commission, the Department of Labor, and the Department of Corrections. A certification documenting unsuccessful efforts to locate the obligor shall be provided to the court before any action adverse to the obligor is taken based on failure of the obligor to respond to a notice. , General Appearance; Acknowledgment of Service., For initial complaints, a general appearance or an acceptance of the service of a summons, signed or acknowledged on the record by defendant's attorney, or signed and acknowledged by defendant or by a competent adult in defendant's household, or as otherwise provided in R. 4:4-4, shall have the same effect as if defendant had been properly served. , Note:, Adopted July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; new paragraph (b)(4) adopted, former paragraph (b)(4) redesignated as paragraph (b)(5), and paragraph (c) amended June 15, 2007 to be effective September 1, 2007; caption amended, paragraph (a) amended, paragraph (b) caption and introductory text amended, subparagraph (b)(1) caption and text amended, subparagraph (b)(2), (b)(3), (b)(4) and (b)(5) text amended, new paragraph (c) caption and text adopted, former paragraph (c) redesignated as paragraph (d), former paragraph (d) redesignated as paragraph (e) and amended July 21, 2011 to be effective September 1, 2011; subparagraph (c)(1) amended July 29, 2019 to be effective September 1, 2019; paragraph (a) and subparagraph (b)(1) amended July 31, 2025 to be effective September 1, 2025. Part 5
- 5:5-2-Family Case Information Statement 5:5-2, Applicability., The case information statement required by this rule shall be filed and served in all contested family actions, except summary actions, in which there is any issue as to custody, support, alimony or equitable distribution. With respect to summary actions, R. 5:5-3 shall apply. In all other family actions, a case information statement may be required by order on motion of the court or a party. , Time and Filing., Except as otherwise provided in R. 5:7-2, an initial case information statement or certification that no such statement is required under subparagraph (a) shall be filed by each party with the clerk in the county of venue within 20 days after the filing of an Answer or Appearance or at any other time designated by the court. The Family Case Information Statement shall be filed in a form prescribed by the Administrative Director of the Courts. The court on either its own or a party's motion may, on notice to all parties, dismiss a party's pleadings for failure to have filed a case information statement. If dismissed, said pleadings shall be subject to reinstatement upon such conditions as the court may deem just. , Amendments., Parties are under a continuing duty in all cases to inform the court of any material changes in the information supplied on the case information statement. All amendments to the statement shall be filed with the court no later than 20 days before the final hearing. The court may prohibit a party from introducing into evidence any information not disclosed or it may enter such other order as it deems appropriate. , Income Tax Returns., Following the entry of a final judgment, the court shall order the return to the parties of any income tax returns filed with a case information statement under this rule. , Marital, Civil Union or Domestic Partnership Standard of Living Declaration., In any matter in which an agreement or settlement contains an award of alimony, (1) the parties shall include a declaration that the marital, civil union or domestic partnership standard of living is satisfied by the agreement or settlement; or (2) the parties shall by stipulation define the marital, civil union or domestic partnership standard of living; or (3) the parties shall preserve copies of their respective filed Family Case Information Statements until such time as alimony is terminated; or (4) any party who has not filed a Family Case Information Statement shall prepare Part D ("Monthly Expenses") of the Family Case Information Statement form serving a copy thereof on the other party and preserving that completed Part D until such time as alimony is terminated. , Confidentiality., The Family Case Information Statement and all attachments thereto shall be confidential and unavailable for public inspection, pursuant to R. 1:38-3(d)(1)., Note:, Source - R. (1969) 4:79-2. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective April 1, 1984; paragraphs (b) and (e) amended November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (e) amended November 2, 1987 to be effective January 1, 1988; paragraphs (a) and (e) amended November 7, 1988 to be effective January 2, 1989; paragraph (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended January 21, 1999 to be effective April 5, 1999; paragraph (e) amended July 12, 2002 to be effective September 3, 2002; caption amended and new paragraph (f) adopted July 27, 2006 to be effective September 1, 2006; paragraph (c) amended, former paragraph (e) deleted and redesignated as new Rule 5:5-10, and former paragraph (f) redesignated as paragraph (e) June 15, 2007 to be effective September 1, 2007; new paragraph (f) adopted July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 21, 2011 to be effective September 1, 2011; paragraphs (a) and (b) amended July 9, 2013 to be effective September 1, 2013; paragraph (b) amended July 31, 2025 to be effective September 1, 2025. Part 5
- 5:5-3-Financial Statements and Case Information Statements in Summary Support Actions 5:5-3, Filing of a Financial Statement., In any summary action in which support of a child is in issue, each party shall, on the filing of the initial pleading, serve upon the other party and furnish the court with a financial statement in a form prescribed by the Administrative Director of the Courts. The court shall use the information provided on the financial statement and any other relevant facts to set an adequate level of child support in accordance with R. 5:6A. A current financial statement and any prior financial statements shall be filed when an application is filed for modification of child support. , Filing of a Family Case Information Statement., A Family Case Information Statement, along with any prior financial statements, shall be filed pursuant to R. 5:5-2(a) in summary actions when (1) spousal, civil union partner or domestic partner support is requested, or (2) contribution to college or post-secondary school expenses is requested, or (3) the matter is designated for the complex track. A Family Case Information Statement shall not be required for applications for temporary and final domestic violence restraining orders. In applications involving college or post-secondary school contribution, applicants must produce all relevant information, such as: documentation of all costs for which contribution is sought, including but not limited to, tuition, fees, room, board, and books; proof of enrollment; and proof of all financial aid, scholarships, grants and student loans obtained. , Non-Filing Parties., If the court concludes that the party seeking relief has demonstrated a prima facie showing of a substantial change in circumstances or that other good cause is shown, the court shall order the non-filing party to file a current financial statement or Family Case Information Statement. , Filing a Confidential Litigant Information Sheet., Pursuant to R. 5:4-2(g), all pleadings filed in the Family Part must include a completed Confidential Litigation Information Sheet in a form prescribed by the Administrative Director of the Courts., Note:, Source - R. (1969) 5:5-3(a). Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 28, 2004 to be effective September 1, 2004; amended July 21, 2011 to be effective September 1, 2011; amended July 9, 2013 to be effective September 1, 2013; caption amended, text divided into paragraphs (a), (b), (d), new paragraph (c) adopted, paragraph captions added, and new paragraphs (a) and (b) amended July 31, 2025 to be effective September 1, 2025. Part 5
- tax-courtmonthlyjdgmnts.pdf
- Local Property Tax Judgements August 2025 (xlsx version) 08_25 judgments.xls 2025-08-31
- Week 3 Appellate Calendar
- 5:3-5-Attorney Fees and Retainer Agreements In Civil Family Actions; Withdrawal 5:3-5, Retainer Agreements., Except where no fee is to be charged, every agreement for legal services to be rendered in a civil family action shall be in writing signed by the attorney and the client, and an executed copy of the agreement shall be delivered to the client. The agreement shall have annexed thereto the Statement of Client Rights and Responsibilities in Civil Family Actions in the form appearing in Appendix XVIII of these rules and shall include the following: a description of legal services anticipated to be rendered; a description of the legal services not encompassed by the agreement, such as real estate transactions, municipal court appearances, tort claims, appeals, and domestic violence proceedings; the method by which the fee will be computed; the amount of the initial retainer and how it will be applied; when bills are to be rendered, which shall be no less frequently than once every ninety days, provided that services have been rendered during that period; when payment is to be made; whether interest is to be charged, provided, however, that the running of interest shall not commence prior to thirty days following the rendering of the bill; and whether and in what manner the initial retainer is required to be replenished; the name of the attorney having primary responsibility for the client's representation and that attorney's hourly rate; the hourly rates of all other attorneys who may provide legal services; whether rate increases are agreed to, and, if so, the frequency and notice thereof required to be given to the client; a statement of the expenses and disbursements for which the client is responsible and how they will be billed; the effect of counsel fees awarded on application to the court pursuant to paragraph (c) of this rule; the right of the attorney to withdraw from the representation, pursuant to paragraph (e) of this rule, if the client does not comply with the agreement; and the availability of Complementary Dispute Resolution (CDR) programs including but not limited to mediation and arbitration. , Limitations on Retainer Agreements., During the period of the representation, an attorney shall not take or hold a security interest, mortgage, or other lien on the client's property interests to assure payment of the fee. This Rule shall not, however, prohibit an attorney from taking a security interest in the property of a former client after the conclusion of the matter for which the attorney was retained, provided the requirements of R.P.C. 1.8(a) shall have been satisfied. Nor shall the retainer agreement include a provision for a non-refundable retainer. Contingent fees pursuant to R. 1:21-7 shall only be permitted as to claims based on the tortious conduct of another, and if compensation is contingent, in whole or in part, there shall be a separate contingent fee arrangement complying with R. 1:21-7. No services rendered in connection with the contingent fee representation shall be billed under the retainer agreement required by paragraph (a) of this rule, nor shall any such services be eligible for an award of fees pursuant to paragraph (c) of this rule. , Award of Attorney Fees., Subject to the provisions of R. 4:42-9(b), (c), and (d), the court in its discretion may make an allowance, both pendente lite and on final determination, to be paid by any party to the action, including, if deemed to be just, any party successful in the action, on any claim for divorce, dissolution of civil union, termination of domestic partnership, nullity, support, alimony, custody, parenting time, equitable distribution, separate maintenance, enforcement of agreements between spouses, domestic partners, or civil union partners and claims relating to family type matters. All applications or motions seeking an award of attorney fees shall include an affidavit of services at the time of initial filing, as required by paragraph (d) of this rule. A pendente lite allowance may include a fee based on an evaluation of prospective services likely to be performed and the respective financial circumstances of the parties. The court may also, on good cause shown, direct the parties to sell, mortgage, or otherwise encumber or pledge assets to the extent the court deems necessary to permit both parties to fund the litigation. In determining the amount of the fee award, the court should consider, in addition to the information required to be submitted pursuant to R. 4:42-9, the following factors: (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to contribute to the fees of the other party; (3) the reasonableness and good faith of the positions advanced by the parties both during and prior to trial; (4) the extent of the fees incurred by both parties; (5) any fees previously awarded; (6) the amount of fees previously paid to counsel by each party; (7) the results obtained; (8) the degree to which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. , Affidavit of Services Provided., All applications for the allowance of fees shall be supported by an affidavit of services addressing the factors enumerated in RPC 1.5(a). The affidavit shall also include a recitation of other factors pertinent in the evaluation of the services rendered, the amount of the allowance applied for, and an itemization of disbursements for which reimbursement is sought. If the court is requested to consider paraprofessional services in making a fee allowance, the affidavit shall include a detailed statement of the time spent and services rendered by paraprofessionals, a summary of the paraprofessionals' qualifications, and the attorney's billing rate for paraprofessional services to clients generally. No portion of any fee allowance claimed for attorneys' services shall duplicate in any way the fees claimed by the attorney for paraprofessional services rendered to the client. For purposes of this rule, "paraprofessional services" shall mean those services rendered by individuals who are qualified through education, work experience or training who perform specifically delegated tasks that are legal in nature under the direction and supervision of attorneys and which tasks an attorney would otherwise be obliged to perform. , Withdrawal from Representation., An attorney may withdraw from representation ninety (90) days or more prior to the scheduled trial date on the client's consent in accordance with R. 1:11- 2(a)(1). If the client does not consent, the attorney may withdraw only on leave of court as provided in subparagraph(2) of this rule. Within ninety (90) days of a scheduled trial date, an attorney may withdraw from a matter only by leave of court, on motion with notice to all parties. The motion shall be supported by the attorney's affidavit or certification setting forth the reasons for the application and shall have annexed the written retainer agreement. In deciding the motion, the court shall consider, among other relevant factors, the terms of the written retainer agreement and whether either the attorney or the client has breached the terms of that agreement; the age of the action; the imminence of the scheduled trial; the complexity of the issues; the ability of the client to timely retain substituted counsel; the amount of fees already paid by the client to the attorney; the likelihood that the attorney will receive payment of any balance due under the retainer agreement if the matter is tried; the burden on the attorney if the withdrawal application is not granted; and the prejudice to the client or to any other party. Upon the filing of a motion or cross-motion to be relieved as counsel, the court, absent good cause, shall sever all other relief sought by the motion or cross-motion from the motion to be relieved as counsel. The court shall first decide the motion to be relieved and, in the order either granting or denying the motion to be relieved, shall include a scheduling order for the filing of responsive pleadings and the return date for all other relief sought in the motion or cross-motion. , Note:, Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; new paragraph (a)(10) adopted, and paragraphs (d)(1) and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (c) amended and subparagraphs (d)(1) and (d)(2) amended July 21, 2011 to be effective September 1, 2011; subparagraphs (d)(1) and (d)(2) amended July 9, 2013 to be effective September 1, 2013; paragraph (c) amended, new paragraph (d) adopted, former paragraph (d) redesignated as paragraph (e), and new subparagraph (e)(3) adopted July 28, 2017 to be effective September 1, 2017; subparagraph (a)(9) amended July 29, 2019 to be effective September 1, 2019. Part 5
- 5:3-7-Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, Financial Maintenance, Support or Domestic Violence Restraining Orders 5:3-7, Custody or Parenting Time Orders., On finding that a party has violated an order respecting custody or parenting time, the court may order, in addition to the remedies provided by R. 1:10-3, any of the following remedies, either singly or in combination: (1) compensatory time with the children; (2) economic sanctions, including but not limited to the award of monetary compensation for the costs resulting from a parent's failure to appear for scheduled parenting time or visitation such as child care expenses incurred by the other parent; (3) modification of transportation arrangements; (4) pick-up and return of the children in a public place; (5) counseling for the children or parents or any of them at the expense of the parent in violation of the order; (6) temporary or permanent modification of the custodial arrangement provided such relief is in the best interest of the children; (7) participation by the parent in violation of the order in an approved community service program; (8) incarceration, with or without work release; (9) issuance of a warrant to be executed upon the further violation of the judgment or order; and (10) any other appropriate equitable remedy. , Alimony, Financial Maintenance, or Child Support Orders., On finding that a party has violated an alimony, financial maintenance, or child support order the court may, in addition to remedies provided by R. 1:10-3, grant any of the following remedies, either singly or in combination: (1) fixing the amount of arrearages and entering a judgment upon which interest accrues; (2) requiring payment of arrearages on a periodic basis; (3) suspension of an occupational license or driver's license consistent with law; (4) economic sanctions; (5) participation by the party in violation of the order in an approved community service program; (6) incarceration, with or without work release; (7) issuance of a warrant to be executed upon the further violation of the judgment or order; and (8) any other appropriate equitable remedy. , Enforcement of Relief Under Provisions of Domestic Violence Restraining Orders Not Subject to Criminal Contempt Complaints., On finding that a party has failed to comply with the provisions of a restraining order issued pursuant to the Prevention of Domestic Violence Act, not subject to criminal contempt (part II relief excluded under N.J.S.A. 2C:25-30), the court may, on notice to the defendant, in addition to the relief provided by R. 1:10-3, grant any of the following remedies, either singly or in combination: (1) economic sanctions, (2) incarceration with or without work release, (3) issuance of a warrant to be executed upon further violation or non-compliance with the order, (4) any appropriate remedy under paragraph (a) or (b) above, applicable to custody or parenting time issues or alimony or child support issues, and (5) any other appropriate equitable remedy., Note:, Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; caption amended, paragraph (a) amended, and new paragraph (c) adopted July 21, 2011 to be effective September 1, 2011; caption amended, and paragraph (b) caption and text amended July 28, 2017 to be effective September 1, 2017. Part 5
- 5:3-8-Review and Enforcement of Arbitration Awards 5:3-8, Confirmation of Final or Interim Economic Awards., Except for child support awards that are governed by paragraph (c), either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim arbitration award. The court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A: 23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework. , Confirmation of Final or Interim Custody and Parenting Time Awards., Either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim child custody and parenting time arbitration award. The court shall confirm and enter a judgment in conformity with the final custody and parenting time award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim custody and parenting time award of the arbitrator unless the court finds that: a record of all documentary evidence has not been kept; or the award does not contain detailed written findings of fact and conclusions of law; or that a verbatim record of the proceedings was not made, in which case any interim or final award shall be subject to vacation and review de novo by the court; or there is evidential support establishing a prima facie case of harm to a child, in which event the court shall conduct a hearing and if, after that hearing, there is a finding of harm to a child, the parties' choice of arbitration shall be invalidated, the court shall vacate the interim or final award and determine de novo the child's best interest. If there is no finding of harm to a child, the court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A: 23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework. , Confirmation of Final or Interim Child Support Awards., Either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim child support arbitration award. The court shall confirm and enter a judgment in conformity with the final child support arbitration award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim child support award of the arbitrator unless the court finds that there is evidential support establishing a prima facie case of harm to a child, in which event the court shall conduct a hearing and if, after that hearing, there is a finding of harm to a child, the parties' choice of arbitration shall be invalidated, the court shall vacate the interim or final award and determine de novo the child's best interest. If there is no finding of harm to a child, the court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A: 23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework., Note:, Adopted July 27, 2015 to be effective September 1, 2015. Part 5
- 5:3-4-Counsel: Appearance; Prosecutor 5:3-4, Right to Counsel; Public Defender; Assignment of Counsel., In all matters the parties shall have the right to be represented by counsel. In family matters the court shall advise the juvenile and the juvenile's parents, guardian, or custodian of their right to retain counsel and, if counsel is not otherwise provided for the family and if the matter may result in the institutional commitment or other consequence of magnitude to any family member, or if any family member is constitutionally or by law entitled to counsel, the court shall refer the family member to the Office of the Public Defender, if appropriate, or assign other counsel to represent the juvenile or family member. The court may, depending upon the financial circumstances of the parents, guardian or custodian, order them to pay the fee of assigned counsel in such amount as it fixes. The court shall also assign counsel to represent indigents in family actions where a party is by constitution, state or federal, or by law entitled to counsel and there is no publicly-funded source of representation available, except in child support enforcement hearings. , Appearances., Where no answer is filed, attorneys representing any party to a proceeding shall enter their appearances promptly with the clerk of the court and, insofar as practicable, shall notify the clerk of the length of time it is anticipated the hearing or trial will take. In summary actions the attorneys, no later than 5 days prior to the date set for the hearing or trial, shall notify the clerk as to whether the matter is contested or uncontested. The parties and their counsel shall be afforded a reasonable time in which to prepare for the hearing or trial in all matters. , Prosecuting Attorney., Whenever required by statute or rule the county prosecutor shall prosecute the complaint on behalf of the State. In any matter where the interest of justice so requires, the court may request the attorney general, the county prosecutor, the municipal attorney or the school board attorney, as appropriate, to appear and prosecute the complaint., Note:, Source-R. (1969) 5:3-3(a)(b)(c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 15, 2007 to be effective September 1, 2007. Part 5
- 5:3-6-Continuous Trials 5:3-6 Insofar as practicable, civil family actions should be tried continuously to conclusion and, in the absence of exigent circumstances, shall be so tried in counties in which four or more judges are assigned to the Family Part on a full-time basis., Note:, Adopted January 21, 1999 to be effective April 5, 1999. Part 5
- RFQ JUDAOC-26-10 Bid Amendment 1 Meeting Space and Price Sheet Changes
- 4:103-1-Initial Disclosures 4:103-1, Required Disclosures., Except as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties: the name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; a copy – or a description by category and location – of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; a computation of each category of damages claimed by the disclosing party – who must also make available for inspection and copying as under Rules 4:18 and 4:104-5(a) the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and for inspection and copying as under Rules 4:18 and 4:104-5(a), any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. , Time for Initial Disclosures., , In General., A party must make the initial disclosures at or within 14 days after the parties’ R. 4:103-2 conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure. , For Parties Served or Joined Later., A party that is first served or otherwise joined after the R. 4:103-2 conference must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order. , Basis for Initial Disclosure; Unacceptable Excuses., A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures. , Format of Initial Disclosures., Unless the court orders otherwise, all initial disclosures under this rule must be in writing, signed, and served. The requirements of R. 4:104-8 shall apply to initial disclosures. The failure to provide compliant initial disclosures may lead to sanctions in the court’s discretion., Note:, Adopted July 27, 2018 to be effective September 1, 2018. Part 4
- 4:103-2-Initial Conference of the Parties 4:103-2, Conference Timing., Except in a proceeding exempted from initial disclosure under R. 4:103-1(b)(1) or when the court orders otherwise, the parties must confer as soon as practicable – and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under R. 4:103-3(a). Such conference shall take place notwithstanding any dispositive motion that may be pending. , Conference Content; Parties’ Responsibilities., In conferring, the parties must (1) consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; (2) make or arrange for the disclosures required by R. 4:103-1(a)(1); (3) discuss any issues about preserving discoverable information; and (4) develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person. , Discovery Plan., A discovery plan must state the parties’ views and proposals on: what changes should be made in the timing, form, or requirement for disclosures under R. 4:103-1(a), including a statement of when initial disclosures were made or will be made; the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues; any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced; any issues about claims of privilege or of protection as trial preparation materials, including – if the parties agree on a procedure to assert these claims after production – whether to ask the court to include their agreement in an order under R. 4:10-2(c); what changes should be made in the limitations on discovery imposed under these rules, and what other limitations should be imposed; and any other orders that the court should issue under R. 4:10-3 or under R. 4:103-3(b) and (c)., Note:, Adopted July 27, 2018 to be effective September 1, 2018; paragraph (a) amended July 31, 2020 to be effective September 1, 2020. Part 4
- 4:102-4-Admittance to or Removal from the CBLP 4:102-4, Opt-in/Opt-Out., Parties may file a motion for inclusion in the CBLP where a case is not presumptively assigned to the CBLP but involves complex business related issues and/or the amount in controversy is less than $200,000. Parties may also move for removal from the CBLP on the grounds that the action does not meet the eligibility criteria. , Review of Cases in CBLP., The Assignment Judge or the CBLP judge may conduct an initial review of a case to determine if it is appropriate for the CBLP. The judge may, sua sponte, assign it to the CBLP or remove it from the CBLP. If the case is removed from the CBLP it will be reassigned to the appropriate track for case management based on the case type designated on the Civil Case Information Statement., Note:, Adopted July 27, 2018 to be effective September 1, 2018; paragraph (b) amended July 31, 2020 to be effective September 1, 2020. Part 4
- 4:102-5-General Principles 4:102-5 The CBLP is designed to streamline and expedite service to litigants in complex business litigation. Cases are generally assigned either to the complex commercial case type or to the complex construction case type and are individually managed by a CBLP judge with specialized training on business issues. The Supreme Court established the Program, which became effective on January 1, 2015, to resolve complex business, commercial, and construction cases., Note:, Adopted July 27, 2018 to be effective September 1, 2018; amended July 31, 2020 to be effective September 1, 2020. Part 4
- 4:101-2-Entries 4:101-2, Judgments and Orders., The Clerk of the Superior Court shall make an entry upon the Civil Docket of every judgment or order and the date when the judgment or order was entered and showing execution of process. , Attachments., The Clerk of the Superior Court shall enter in the Civil Judgment and Order Docket all attachments, the names of the plaintiff and defendant, the time of issuing the writ of attachment and the amount for which issued., Note:, Source-R.R. 4:120-2 (third unnumbered paragraph), 4:120-7; amended June 28, 1996 to be effective September 1, 1996. Part 4
- 4:101-3-Effect of Entry; Date of Judgment or Order 4:101-3 The entry required by this rule shall constitute the record of the judgment or order, and a transcript certified by the clerk of the court shall be deemed plenary evidence of such judgment or order., Note:, Source-R.R. 4:120-2 (second unnumbered paragraph). Part 4
- 4:102-3-Judges Assigned 4:102-3 In each vicinage a Superior Court judge shall be designated by the Chief Justice as the CBLP judge to preside over cases conducted in the CBLP from filing through termination of the action unless the action is removed from the CBLP prior to completion., Note:, Adopted July 27, 2018 to be effective September 1, 2018. Part 4
- REPORTING INSTRUCTIONS FOR PETIT JURORS SCHEDULED FOR THE WEEK OF SEPTEMBER 8, 2025., OUR FREE PARKING GARAGE IS LOCATED BEHIND 129 HOOPER AVENUE. PROCEED TO GROUND LEVEL AND UTILIZE THE NEW PEDESTRIAN CROSSWALK TO CROSSOVER TO THE 100 HOOPER AVENUE ENTRANCE INTO THE COURTHOUSE. PLEASE BRING YOUR SUMMONS CARD WITH YOU, IF POSSIBLE. , CONFIRMED PETIT JURORS #00270-#01300, , your jury service is now complete. You are excused and should not be summoned again for three years. Please resume your normal activities. Thank you for your willingness to serve as a juror and for helping the Judiciary continue to provide this vital function of our justice system. Court officials will never ask for payment to avoid arrest for failure to report for jury duty. Anyone who has concerns about being approached inappropriately concerning jury duty should contact the county jury manager as well as local law enforcement., Message from Assignment Judge Francis Hodgson Jr., Thank you for serving the Ocean County Court. Jurors are an essential part of our justice system. I hope that you enjoy your time as a juror while you are performing this invaluable service. Thank you for serving., Health and Safety, If you feel sick, do not report to the courthouse. Instead, contact your local jury management office contact your local jury management office to reschedule your service., Voluntary Demographic Information, The juror questionnaire includes three voluntary demographic questions. This information contact your local jury management office helps the Judiciary understand the diversity and representativeness of jury pools. Your responses to these questions are optional and will not affect your selection. , Americans With Disabilities Act (ADA) Policy, Advise the Jury Management Office if you require an accommodation in order to serve. You can reach the Jury Management Office by phone at or by email at ., Juror Parking Directions, Ocean County Courthouse 100 Hooper Avenue Toms River, New Jersey 08754 732-504-0700 Jurors may park for free at the parking garage located behind 129 Hooper Avenue. If using GPS, please enter 129 Hooper Ave, Toms River, NJ 08753 Directions 129 Hooper Ave, Toms River, NJ 08753 There are 3 points of entry into the parking garage: Madison Avenue, Hadley Avenue or Washington Street. Please allow 10 minutes to cross over to Jury Assembly. You may park on any of the 5 levels. However, please refrain from parking in the spots identified as “RESERVED" The skywalk is located on the 3rd floor level of the garage and allows for you to cross Hooper Avenue safely. Once you cross Hooper Avenue via the skywalk, you will see a sign directing you to the street level. You may use the elevator OR the stairs to bring you down to street level on Hooper Avenue. Once on the street level proceed through the door facing the courthouse go to the left. Follow the sidewalk heading South toward Washington Street, past the entrance to the Justice Complex and you will see the entrance to 100 A Hooper Avenue on the right. , Dress Code, Jurors reporting for service should wear clothing appropriate for an appearance in court. Shorts, t-shirts, uniforms or clothing containing statements or offensive symbols are not permitted. All hats must be removed when in a courtroom. Comfortable clothing is also advisable., Courtroom Regulations, Cell phones, pagers and electronic devices must be turned off in the courtroom. You are not permitted to read newspapers or other materials in the courtroom. You are not permitted to bring food or beverages into the courtroom., If You Are Selected As A Juror, The trial judge will instruct you regarding the trial schedule, reporting times, any recesses, lunch arrangements, etc. The judge's instructions will take precedence over any general instructions given in the assembly area. You must wear your juror badge at all times, including during lunch., Other Factors Relating To Your Juror Service, The daily fee for petit jurors is $5 for the first 3 days and $40 for each day after 3 days. The daily fee for grand jurors is $5 for each day of service. Checks are processed on Friday. Your juror check will generally be received within 3 weeks. Check with your employer or your union representative, or read your employee handbook if you have questions about whether you will be compensated by your employer while serving as a juror., Employment Protection, Be aware that N.J.S.A. 2B:20-17 protects jurors from employment related retaliation and provides for the possibility of both criminal and civil sanctions., Term of Service, Petit jurors are required to be available for one week of service. You must call, check the recorded message, or check the website each evening prior to your service to obtain instructions regarding whether you must report. If you are selected, you must remain for the duration of jury selection process, and the trial. Once your service is completed, you will not be eligible to be selected to serve again for 3 years., Smoking Policy, The courthouse is a non-smoking facility. If you leave the courthouse to smoke, you must inform jury staff so that we are aware of your location at all times., Failure to Report, Individuals who fail to respond to a jury summons or fail to report when summoned may be subject to penalties including fines. If you have forgotten to appear as scheduled for jury service, please contact the Jury Management Office immediately at 732-504-0633 .