NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

COURT RULE 4:3 Divisons; Venue; and Transfer of Actions


1. Divisions of Court; Commencement and Transfer of Actions
(a) Where Instituted.
(1) Chancery Division-General Equity. Actions in which the plaintiffs
primary right or the principal relief sought is equitable in nature, except as otherwise
provided by subparagraphs (2) and (3), shall be brought in the Chancery Division,
General Equity, even though legal relief is demanded in addition or alternative to
equitable relief.
(2) Chancery Division-Probate Part. All actions brought pursuant to R.4:83 et seq.
(3) Chancery Division-Family Part. All civil actions in which the principal
claim is unique to and arises out of a family or family-type relationship shall be brought
in the Chancery Division, Family Part. Civil family actions cognizable in the Family Part
shall include all actions and proceedings provided for in Part V of these rules; all civil
actions and proceedings formerly cognizable in the juvenile and domestic relations
court; and all other actions and proceedings unique to and arising out of a family or
family-type relationship.
(4) Law Division. All actions in the Superior Court except those
encompassed by subparagraphs (1), (2) and (3) hereof shall be brought in the Law
Division or Law Division, Special Civil Part.
(b) Transfer Between Law and Chancery Division. A motion to transfer an action
from one trial division of the Superior Court or part thereof to another, except those
actions governed by Part VI of these rules, shall be made within 10 days after expiration
of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if
the action is brought pursuant to R. 4:67 (summary actions), on or before
the return date if the action is pending in the Law Division. Unless so made, objections
to the trial of the action in the division specified in the complaint are waived, but the
court on its own motion may thereafter order such a transfer. Actions transferred shall
not be retransferred. The order of transfer shall be filed in triplicate.

Note: Source-R.R. 4:41-2, 4:41-3, 5:1-2. Paragraphs (a) and (b) amended and caption amended July
22, 1983 to be effective September 12, 1983; new paragraph (a) adopted and paragraph (b)
amended December 20, 1983 to be effective December 31, 1983; paragraphs (a) and (b) amended
November 7, 1988 to be effective January 2, 1989; subparagraph (a)(1) amended, subparagraph (a)(2)
recaptioned and adopted, former subparagraphs (a)(2) and (a)(3) redesignated (a)(3) and (a)(4)
respectively, and subparagraph (a)(4) amended June 29, 1990 to be effective September 4, 1990.

2. Venue in the Superior Court
(a)Where Laid. Venue shall be laid by the plaintiff in Superior Court actions as
follows: (1) actions affecting title to real property or a possessory or other interest
therein, or for damages thereto, or appeals from assessments for improvements, in the
county in which any affected property is situate; (2) actions not affecting real property
which are brought by or against municipal corporations, counties, public agencies or
officials, in the county in which the cause of action arose; (3) except as otherwise provided
by R. 4:44A-1 (structured settlements), R. 4:53-2 (receivership actions), R.4:60-2
(attachments), R. 5:2-1 (family actions), R. 4:83-4 (probate actions), and R. 6:1-3
(Special Civil Part actions), the venue in all other actions in the Superior Court shall be
laid in the county in which the cause of action arose, or in which any party to the action
resides at the time of its commencement, or in which the summons was served on a
nonresident defendant; and (4) actions on and objections to certificates of debt for
motor vehicle surcharges that have been docketed as judgments by the Superior Court
Clerk pursuant to N.J.S.A. 17:29A-35 shall be brought in the county of residence of the
judgment debtor.
(b) Business Entity. For purposes of this rule, a business entity shall be deemed
to reside in the county in which its registered office is located or in any county in which it
is actually doing business.
(c) Exceptions in Multicounty Vicinages. With the approval of the Chief Justice,
the assignment judge of any multicounty vicinage may order that in lieu of laying venue
in the county of the vicinage as provided by these rules, venue in any designated
category of cases shall be laid in any single county within the vicinage.

Note: SourceR.R. 4:3-2. Paragraph (a) amended December 20, 1983 to be effective
December 31, 1983. Paragraph (c) adopted January 9, 1984 to be effective immediately; paragraph (a)
amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended June 29, 1990 to
be effective September 4, 1990; paragraph (a) amended June 28, 1996 to be effective September 1,
1996; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (b) amended
August 1, 2016 to be effective September 1, 2016.

3. Change of Venue in the Superior Court
(a) By Whom Ordered; Grounds. In actions in the Superior Court a change of
venue may be ordered by the Assignment Judge or the designee of the Assignment
Judge of the county in which venue is laid or by a judge of such county sitting in the
Chancery Division, General Equity, or the presiding judge of the Family Part, or the
designee of the Assignment Judge for the Special Civil Part, (1) if the venue is not laid
in accordance with R. 4:3-2; or (2) if there is a substantial doubt that a fair and impartial
trial can be had in the county where venue is laid; or (3) for the convenience of parties
and witnesses in the interest of justice; or, (4) in Family Part post-judgment motions, if
both parties reside outside the county of original venue and application is made to the
court by either party to change venue to a county where one of the parties now resides.
(b) Time; Form of Order; Filing. A motion for a change of venue shall be made
not later than 10 days after the expiration of the time prescribed by R. 4:6-1 for the
service of the last permissible responsive pleading, or, if the action is brought pursuant
to R. 4:67 (summary actions), on or before the return date. If not so made, objections to
venue shall be deemed waived except that if the moving party relies on R. 4:3-3(a)(2)
the motion may be made at any time before trial. The order changing venue shall not be
incorporated in any other order and shall be filed in triplicate. If a mediator has already
been appointed, the party moving to change venue shall serve a copy of the motion on
that person prior to the mediation date. The moving party also shall promptly serve on
the mediator a copy of the order entered on the motion.
(c) Ex Parte Orders. At any time prior to the filing and service of the first answer
by any defendant to the complaint, plaintiff may apply ex parte for an order changing
venue to any other county in which venue may be properly laid. The application shall be
granted unless it appears that there is good cause for its denial. An order of denial shall
state the reasons with specificity.

Note: Source-R.R. 4:3-3. Paragraph (a) amended December 20, 1983 to be effective December
31, 1983; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; paragraph (a)
amended and paragraph (c) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a)
amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended June 29, 1990 to
be effective September 4, 1990; paragraph (b) amended July 9, 2008 to be effective September 1, 2008.

4. Transfer and Removal of Actions
An order of transfer pursuant to paragraphs (a) and (b) of this rule shall be filed
with the clerk of the court transferring the action, who shall forthwith for
ward a certified copy thereof, together with the record and all other papers on file in the action, to the
court to which it is transferred and shall pay over the fees, if any, provided by law.
(a) Transfer From Superior Court to Tax Court. The court in which an action is
pending may order it transferred to the Tax Court provided that the principal issue or
issues raised therein are cognizable in that court.
(b) Transfer From the Municipal Court to the Superior Court, Chancery Division,
Family Part. An action may be transferred from the municipal court to the Superior
Court, Chancery Division, Family Part pursuant to R. 5:1-2(c)(3) and R. 5:1-3(b)(2).
(c) Transfers between the Law Division and Law Division, Special Civil Part shall
be governed by R. 6:4-1.

Note: Source-R.R. 4:3-4(a) (b), 5:2-3. Caption and the text of paragraph (a) amended, former
paragraph (b) deleted, paragraph (c) amended and redesignated (b), new introductory material and
paragraph (c) adopted June 29, 1979 to be effective July 1, 1979; former paragraphs (a) and (b) deleted,
former paragraph (c) redesignated and new paragraph (b) adopted December 20, 1983 to be effective
December 31, 1983; new paragraph (c) adopted November 7, 1988 to be effective January 2, 1989.

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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

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