FAQ’s

STORY OF A LAW SUIT - A Guide
With Excerpts From Rules Governing the Courts of the State of New Jersey

1. HOW TO START A LAW SUIT
A civil action law suit is commenced by a PLAINTIFF filing a Complaint against a DEFENDANT with the court.
R.4:2-2. Commencement of Action

The Complaint contains a statement of the facts on which the claim against the defendant is based, showing that the plaintiff is entitled to relief, and includes a demand for judgment for relief from the defendant. R.4:5-2. Claim for Relief

2. AFTER THE COMPLAINT IS FILED
The plaintiff, the plaintiff’s attorney, or the clerk of the court may issue the summons [directed to the defendant]. If a summons is not issued within 10 days after the filing of the complaint the action may be dismissed
R. 4:4-1. Summons: Issuance

Summonses and writs shall be served, together with a copy of the complaint, by the sheriff or by a person specially appointed by the court for that purpose.
R. 4:4-3. By Whom Served

3. IF YOU ARE A DEFENDANT
A Defendant shall file an Answer to the Complaint with the Clerk of the Court within 35 days of service.

An answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegations upon which the plaintiff relies. The defendant may not generally deny all the allegations but shall make the denials as specific denials of designated allegations or paragraphs.
R. 4:5-3. Answer; Defenses; Form of Denials

4. WHAT IF THE DEFENDANT DOES NOT ANSWER THE COMPLAINT?
If a Defendant fails to answer the Complaint or otherwise defend, or if the Answer has been stricken, the clerk shall enter a DEFAULT as to that party. Except where the default is entered on special order of the court, the plaintiff shall make a formal written request of the clerk for the entry of the default, supported by affidavit. The request and affidavit for entry of default shall be filed together within 6 months of the actual default. R. 4:43-1. Entry of Default
When a default has been entered in accordance with R. 4:43-1, except in foreclosures, a FINAL JUDGMENT may be entered against a defendant for a sum certain. The final judgment shall not be different in kind nor exceed the amount demanded in the complaint. R. 4:43-2. Final Judgment by Default.

5. ONCE A DEFAULT IS ENTERED, CAN IT BE FIXED?
Upon application by the defendant or his/her counsel, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside for good cause shown. R. 4:43-3. Setting Aside Default

6. AFTER THE COMPLAINT & ANSWER - DISCOVERY
Parties may obtain discovery (information) by one or more of the following methods: Depositions (oral questions under oath); Interrogatories (written questions); production of documents or things; permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admissions.
R. 4:10-1 Discovery Methods

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the examining party has knowledge of the matters as to which discovery is sought. R. 4:10-2. Scope of Discovery

7. AFTER DISCOVERY IS CONCLUDED - THE TRIAL
After Discovery has concluded and information has been exchanged among the parties, the matter is ready to be scheduled for Trial. Unless the parties have been able, as a result of the discovery information and open communication, to effectuate a settlement of the matter in dispute, a trial date will be set by the court and all parties will appear in Court. If a jury trial was requested, the matter will be tried before a jury and a verdict will issue. Otherwise a Judge will hear arguments and make a decision.

The Trial concludes the matter with the exception of the collection of any amounts due on a judgment which results from the verdict or decision.

8. WHEN ALL PAYMENTS HAVE BEEN MADE - IT’S DONE
Upon satisfaction of a judgment (payment in full), a Warrant of Satisfaction should be executed and delivered to the party making satisfaction stating the judgment docket number or book and page where it is recorded and directing the clerk to satisfy the same of record. This Warrant of Satisfaction is an important document as it evidences satisfaction of any judgment which was entered against you.
R. 4:48-1. Execution and Delivery of Warrant of Satisfaction