There are various motions a party can file in New Jersey lawsuit. A motion is a legal document that requests the court to make a specific ruling in favor of the moving party. The motion must state the legal basis for the judge to grant the motion. The respondent can file a written response to the motion.
The judge issues a ruling after considering the motion and the response to the motion. Common motions include a motion to dismiss, a motion for a summary judgment and a motion to vacate a default judgment.
Fill out a Notice of Motion. The motion is the official notice to the adversary of the moving party’s request for a particular judgment. The moving party must specify whether he will waive the right to oral arguments, request oral arguments if the adversary objects to the motion, or request oral arguments. If the moving party requests oral arguments, the motion must include the reason it is necessary. The judge has discretion whether to grant the request.
Fill out a Certification in Support of Motion. On this form, the moving party must state the legal basis for the court to rule in his favor.
Fill out a Notice of Service. This form certifies that the moving party sent the motion to the adversary by regular mail or certified mail. The moving party must include the date sent, and sign the form.
Fill out a Proposed Form of Order. The judge uses this form to state his ruling. The judge completes a portion of the form so it is only necessary for the moving party to provide contact information and the relief requested. The court fills in the date of the decision.
Serve the adversary with the motion and other appropriate forms. Your adversary must receive a copy of the Notice of Motion, Certificate in Support of the Motion and the Proposed Form of Order. It is acceptable to send the forms through regular mail or certified mail, return receipt requested. The moving must serve the adversary at least 16 days before the adversary needs to file an answer or before the court date.
File your motion with the court. The moving party must file the motion, the certificate, the notice of service and the proposed order with the court. Send it in the mail or file it in person with the court clerk. In both cases, pay the filing fee. If you mail the documents, the court will mail stamped copies back to you if you include an extra copy and a self-addressed, stamped envelope.
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