NJ Practice

Governs cases under the Chancery Division and requires that the relief sought is equitable in nature.

No, only law division cases may seek trial by jury.

Always be leveraging settlement.

What does the client desire?

Do we want a jury?

Commencement and form of action and service of process.

Whther the case is seeking equitable relief (Chancery Division) or damages (Law Division).

Settlement approximations, unconscionability of taking cases where work is more than the monies involved, consideration of other creative avenues (boards, brokers, panels, etc) for settling the matter.

1) Need for date stamping to mark timeframe for SoL 2) Fake parties used at initial complaint 3) Straightforward complaint in numbered paragraphs (the causes of action) 4) CIS case info sheet should also accompany the filing.

The Track Assignment Notice.

Rule 4:4-1 15 days to be issued (to process server for example).

Adequate notice of the principle parties involved.

County sheriff but more recent changes now allow P attorneys or other disinterested parties to serve process.

Yes but incorporation data provides serveable agents, officers and other public data can be used to find managers and other employees to serve only while they are on duty.

Yes see rule 4:4-4 where regular service fails repeatedly.

The court may enter a default judgment agains them, rule 4:43-2.

See Rule 4:50-1 Relief from judgment or order via excusable neglect, mistake, newly discovered evidence, prior judgments, etc.

Reciprocal and complementary to the complaint.

The paragraph is assumed as admitted and not denied.

Rule 4:6.

Rule 4:10 Pretrial discovery through 4:25 Pretrial conferences.

Rule 4:6-1 35 days after service of the summons and complaint on that defendant.

Yes rule 4:6-1(c) gives 60 days extra, total time for an answer may be 95.

Rule 4:10 depositions, interrogatories, docs or things, property inspection, mental physical examinations.

Rule 4:10-3 sealing court records, burdensome, invasion of privacy, harrasment, trade secrets, confidential materials, etc.

Make a motion to compel Rule 4:23 but one must balance the needs of discovery versus beging unduly burdensome under reasonable standards.

Not relying so much on the motion to compel and crafting discovery strategically in order to leverage settlement.

1) One's party is not default on discovery obligations 2) one has made good faith efforts in failed discovery procedures through 1:6-2c motions and 4:17-4 use of interrogatories.

Rule 4:17 60 days after service by that defendant of the answer to the complaint.

40 days Rule 4:17-2 but send them late anyway because tardiness may be excused in the interest of justice.

Rule 4:17-2 after answering the first set within 40 days.

Yes see rule 4:17 a great tool interrogatories may even have to be answered even prior to answering the complaint, consent orders to enlarge 60 day answer time are prohibited but court may find good cause to enlarge time to serve answers to interrogatories.

See rule 4:17-1(b) for personal injury cases (P answers first), medical malpractice, auto accidents, toxic torts, product liability, etc.

1) To learn about the case, 2) 70 percent of time to fabricate evidence an admission is excepted hearsay, 3) 30 percent of time for other reasons knowing more knowledgeable people of the case, etc.

Rule 4:18.

1) To learn about the case 2) fabricate and introduce evidence 3) witness lists and other boundaries on the case.

Depositions are more of a performance art but core is q and a that is dispositive of the issue at trial.

Privilege.

4:19

4:22 where only yes no questions are provided and accompanied by attachments, use 4:22 to get documents in.

Rule 4:44 on structured settlements and whether cash judgments should replace them and how bids and the law will delineate such payments.

favorite tool of lawyers because of their cost and the ability to show-off.

1) an improper question or 2) privilege

1) Privilege or 2) objection as to the form of the question.

1) Serves point for later review as to form and 2) A good tool for interrupting the other party over relevance.

No but is an oft abused rule 4:14-3(f).

an application for something short of a judgment or an order for the other side to do something.

Refer to affirmative defenses.

Summons (when, where, how) and complaint (what, who, why).

1) Notice of motion (when, where how), 2) proposed form of order (why), 3) proof of service (certification of service.

Yes see rule 1:1-4 only difference is that certs are not sworn statements before an official, certs are popular in nj.

Yes but worst day scenario allows the court to deny the motion for the other party regardless.

When the courts lack subject and personal jurisdiction, an affirmative defense in a way.

1) Party that doesn't respond may be levied attorneys fees 2) Another 60 days to respond with a sliding scale of fees, finally one may make a stronger motion for dismissal based on prejudice.

Motion to compel discovery and motion for dismissal (requirements include Notice of motion, proposed form of order, proof of service).

other side to offer answers along with application to reinstate.

Make a stronger motion dismiss with prejudice.

Law division courts have defined schedules for when motions will be heard about every 2 weeks (alternate friday mornings) judges are on leave to hear motions.

Rule 1:6-3 where filing of motion (note exceptions) must be 16 days before the specified return date, 8 days prior if opposing certifications, and reply papers no later than 4 days before specified return date.

28 days to fall within discovery period.

Yes.

No as opposed to Summary Judgments which are based on uncontested facts.

TBS to be supplied so one must be careful that TBSs are defined within discovery period.

20 days and extensions are contingent on due diligence.

Rule 4:21a and 4:21a-6 which provides avenue for appealing an arbitrator's decision.

1) after the close of discovery arbitration is a valid option 2) trial dates are scheduled soon after 3) more pre-trial discovery via subpoenas of witnesses 4) other action items such as reviewing witness lists, answers, all discovery, and notice of pre-trial conferences in rule 4:25.

A settlement conference may be had off the record and a motion in limine may be made for the judge to decide ahead of time what evidence will be actually used in the trial.

Prepare jury instructions and allow judge to voir dire the potential jurors.

P then D opening statements and finally D then P on closing statements.

6 jurors but only 5 are required to make a verdict.

No so long as the opposing party also agrees to waive, only one party requests a jury trial while both are required to waive a jury trial.

A notice of the array is provided and describes the pool of potential jurors.

4:40 as 4:37 will oblige the judge to deny the motion if he's not sure.

That a motion for judgment was made during the actual trial an example jnov is due to a jury misreading the instructions.

Rule 4:49 new trials and amendment of judgments through additur and remittur techniques.

think of the appeal at all time during the trial to inform objections made, etc.

45 days rule 2:4-1 but other motions for reconsideration may change this such as with remittitur techniques in which case the clock stops.

Rule 2:2 - 2:5 Notice of appeal, CIS, Transcripts and briefs, and finally the appendix which contains everyting of record and relevant to the appeal.

Directly to the appellate division.

Interlocutory appeal rule 2:4-1.

Error in applying law in trial court (de novo review), clearly erroneous, or jury misfindings.

It's easier to get to the Supreme Court (As of Right) because only one dissent is needed in the 3 judge panel AD, for example it may be due to a constitutional dissent.

Rule 4:4.

1) Motion to compel or 2) motion to dismiss action for failure to answer rule 4:23-5a.