June 13, 2024
Superior Court of New Jersey Bergen County
ELECTRONIC FILING
Mandatory
New Jersey eCourts require electronic filing of special civil and foreclosure matters.
Exceptions
Exceptions to the mandatory electronic filing requirement are Sealed documents, False Claims Act cases, and Structured settlements. New Jersey eCourts.
Courtesy Copies
Courtesy copies must also be submitted in accordance with N.J.R. 1:6-4. Notice and Order.
TIMING
File Pleadings and Papers Before Service
Pleadings and papers should be filed before service, or promptly after service upon parties. N.J.R. 1:5-6 (a) (amended eff 9/1/17).
20 Days to File Proof of Publication
Whenever service by publication or mailing or posting of notice is authorized, proof of such must be filed with the court 20 days after the publication, mailing or posting. N.J.R. 1:5-6 (a) (amended eff 9/1/17).
35 Days to File Return of Service of Original Process
Proof of service of original process must be filed within the time during which the person served may respond to the papers served. N.J.R. 4:4-7. (amended 9/4/12) In the case of a civil action in the Superior Court, proof of service of original process must be filed within 35 days after service of the summons and complaint. N.J.R. 4:6-1(a).
Proof of Service Must Be Filed Before Court Action Can Be Taken
An acknowledgement of service, affidavit or certificate of service for all pleadings and papers subsequent to original process must be filed with the court before any action is taken on the matter by the court. N.J.R. 1:5-3.
Where to File
In Court Where Matter is Pending
All papers in civil actions are deemed filed in the Law, Chancery and General Equity Divisions if the original paper is filed with the Deputy Clerk of the Superior Court in the county of venue N.J.R. 1:5-6 (b)(1) (amended eff 9/1/17).
Information about the New Jersey Superior Court locations, contact information and hours of operation is available online.
Assigned Judge May Accept Any Papers for Filing
The judge or a member of the judge's staff may accept any papers for filing if they show the filing date and the judge's name and office. The filed papers will be forwarded to the appropriate office. N.J.R. 1:5-6 (b)(8) (amended eff 9/1/17).
Chancery Division and Specially Assigned Cases
Affidavit of Non-Involvement in Medical Malpractice Actions
When a civil action has been specially assigned to an individual judge for case management and disposition of all pretrial and trial proceedings and in all cases pending in the Superior Court, Chancery Division, the judge, on receipt of motion papers, shall determine the mode and scheduling of the disposition of the motion. Except as provided in R. 5:5-4, motions filed in causes pending in the Superior Court, Chancery Division, Family Part, shall be governed by this paragraph. N.J.R. 1:6-2 (b)(1) (amended eff 9/1/22).
Motion for Dismissal Pursuant to N.J.S.A 2A:53A-40
Exceptions to General Filing Rule
A document is filed with the trial court if the original is filed as follows:
Mortgage and Tax Foreclosure Actions
In mortgage and tax foreclosure actions, file with the Clerk of the Superior Court, unless and until the action is deemed contested and the documents have been sent by the Clerk to the county of venue, in which event subsequent documents shall be filed with the deputy clerk of the Superior Court in the county of venue. N.J.R. 1:5-6 (b)(3).
Required for Certain Filings
First Filings
Case Information Statement
A Case Information Statement in the form prescribed by Appendix XII-B(1) (Civil Actions General) or Appendix XII-B(2) (Foreclosure Actions) shall be annexed as a cover sheet to each party’s first pleading in all civil actions except civil commitment actions brought pursuant to Rule 4:74-7, probate actions, and all non-foreclosure general equity actions. N.J.R. 4:5-1 (b)(1). Court forms can be found here.
Designation of Trial Counsel
The first pleading for every party must contain a designation of trial counsel. N.J.R. 4:5-1(a), (c).
Moving Papers
Every motion package must be filed with:
A notice of motion. N.J.R. 1:6-2 (a) (amended eff 9/1/22).
A proof of service. N.J.R. 1:5-3.
Pre-Trial Discovery and Calendar Motions
A certification of attempts to resolve the issue raised by the motion and a request for oral argument if one is desired. N.J.R. 1:6-2 (c) (amended eff 9/1/22).
Assigned Judge Must Receive Motion Packages
Motion papers must be simultaneously submitted to the judge's chambers in the Chancery Division or in the Law Division when a judge has been specially assigned to a case. N.J.R. 1:6-4 (amended eff 9/1/06). An original and one copy of the proposed form of order must be submitted to the judge together with a self-addressed, stamped envelope. N.J.R. 4:42-1 (e).
Orders and Judgments
A judge signing an order or judgment will file the original. N.J.R. 4:42-1 (e).
The judge will return a copy of the order or judgment to the attorney submitting it for proper service to other parties. N.J.R. 1:5-1 (a) (amended eff 9/1/18); N.J.R. 4:42-1 (e).
The proponent may transmit the copy to the Clerk of the Superior Court, together with the fee prescribed by for appropriate disposition pursuant to the rules. N.J.R. 4:42-1 (e).
Nonconforming Papers
A civil motion will be returned to counsel stamped "Received but not Filed on (Date)" if the motion is presented without the applicable filing fee N.J.R. 1:5-6 (c)(1)(A) (amended eff 9/1/17) or the signature of a licensed attorney or a party appearing pro se. N.J.R. 1:5-6 (c)(1)(D) (amended eff 9/1/17).
The party to whom the paper is returned may correct the non-conformity and re-file the papers within 10 days of the date on which the clerk rejected the papers. In this event, the papers are deemed to have been filed on the original receipt date. N.J.R. 1:5-6 (c)(4) (amended eff 9/1/17).
See also: Notice to the Bar re: Relaxation of Rule 1:5-6 (effective 11/15/17).
FEES
Fee Schedule
The schedule of New Jersey statewide fees is available online at http://www.judiciary.state.nj.us.
Payment of Fees, Penalties, and Sanctions
Checks in payment of any fees, penalties, and sanctions required by these rules be paid directly to the court shall be made payable to Treasurer, State of New Jersey. N.J.R. 1:13-10(amended eff 9/1/06)
Complaint Without Filing Fees
A complaint presented without filing fees is entitled to be deemed filed as of the presentation date where an order waiving filing fees is presented within 10 days. N.J.R. 1:5-6 (c)(4) (amended eff 9/1/17).
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