How to File the Response to a Motion in New Jersey

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A person acting as his own legal representative can receive quite a bit of help in New Jersey. The self-help resource center of the state's courts system offers litigants considerable information to plead their own case properly. Forms for nearly every type of court action are available for download. The judiciaries of many states offer this type of "pro se" service to reduce delays and dismissals resulting from poor or improper filings. One such critical court action is the filing of a response to an opponent's motion.

Complete a Certificate in Opposition to Motion, which must state your name and identifying information, the opponent, the docket number and the specific reason for your objection. This document must include whether you are asking the judge to render a decision without taking oral arguments.

Prepare a Certification of Service document, showing all the parties needing to receive the motion. This document also must include whether the court papers were sent by regular or certified mail.

Answer your opponent's motion prior to the listed deadline. You have to serve your notice to the opposing party at least eight days — and, in the case of a request for summary judgment, 10 days — prior to the specified return date in the original motion.

Ensure the court receives the originals of both certifications by hand delivering the documents to the courthouse. Alternatively, if personal delivery is not possible, it is recommended you send the papers to the court by certified mail.

Warnings

  • Follow very closely the court calendar for your case. Failure to observe deadlines and keep pace with motions, responses or hearings may lead to an unfavorable ruling against you or an outright dismissal.

Tips

  • Certified mail is helpful to prove your response was received by the opposing party within the time specified.

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