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Our office represents Companies, insurance companies and people involved
in civil lawsuits. We provide representation throughout New Jersey. Procedurally,
the following events occur in most civil cases. First, your Attorney must
complete the investigation and research the possible causes of action.
When we feel that we have sufficient information to form an opinion as
to the financial extent of your damages, we may commence negotiations
with the opposition for a settlement. If the opposition will not make
an adequate offer, then a Complaint and Case Information Statement is
prepared by your attorney. It is filed in the Superior Court, Law Division.
Your attorney then will prepare a summons and have the defendants personally
served with the Summons and Complaint.
The defendant, must file an "Answer" within 35 days. The following
are the Court Rules on Filing of Civil Complaints: COURT RULE 4:2. FORM;
COMMENCEMENT OF ACTION 4:2-1. Form of Action There shall be one form of
action in civil practice to be known as a "civil action".
4:2-2. Commencement of Action
A civil action is commenced by filing a complaint with the court. If
a timely formal "Answer to Complaint" is not filed within 35
days, a default can be entered against the defendant. After a default
judgment, assets can be seized, wages garnished, property sold and even
civil arrest if you ignore court orders. Don't give up!
Our Law Office can provide experienced attorney representation for civil
lawsuits. Our website www.njlaws.com provides information on civil lawsuits.
The following is current NJ Court Rules on Answers in a Civil Complaint
in the Superior Court Law Division. Court 4:5-1.
General Requirements for Complaints and other Pleadings(a) Pleadings
Allowed. There shall be a Complaint and an Answer; an answer to a counterclaim
denominated as such; an answer to a cross-claim, if the answer contains
a cross-claim; a third-party complaint pursuant to R. 4:8; a third-party
answer, if a third-party complaint is served; and a reply, if an affirmative
defense is set forth in an answer and the pleader wishes to allege any
matter constituting an avoidance of the defense. No other pleading is
allowed.(b) Requirements for First Pleadings. (1) Case Information Statement.
Except in civil commitment actions brought pursuant to R. 4:74-7 and in
actions in probate, foreclosure and all other general equity actions,
a Case Information Statement in the form prescribed by Appendix XII to
these rules shall be annexed as a cover sheet to each party's first pleading.
(2) Notice of Other Actions and Potentially Liable Persons. Each party
shall include with the first pleading a certification as to whether the
matter in controversy is the subject of any other action pending in any
court or of a pending arbitration proceeding, or whether any other action
or arbitration proceeding is contemplated; and, if so, the certification
shall identify such actions and all parties thereto. Further, each party
shall disclose in the certification the names of any non-party who should
be joined in the action pursuant to R. 4:28 or who is subject to joinder
pursuant to R. 4:29-1(b) because of potential liability to any party on
the basis of the same transactional facts. Each party shall have a continuing
obligation during the course of the litigation to file and serve on all
other parties and with the court an amended certification if there is
a change in the facts stated in the original certification.
The court may require notice of the action to be given to any non-party
whose name is disclosed in accordance with this rule or may compel joinder
pursuant to R. 4:29-1(b). If a party fails to comply with its obligations
under this rule, the court may impose an appropriate sanction including
dismissal of a successive action against a party whose existence was not
disclosed or the imposition on the non-complying party of litigation expenses
that could have been avoided by compliance with this rule. A successive
action shall not, however, be dismissed for failure of compliance with
this rule unless the failure of compliance was inexcusable and the right
of the undisclosed party to defend the successive action has been substantially
prejudiced by not having been identified in the prior action. 4:5-2. Claim
for Relief Except as may be more specifically provided by these rules
in respect of specific actions, a pleading which sets forth a claim for
relief, whether an original claim, counter-claim, cross-claim or third-party
claim, shall contain a statement of the facts on which the claim is based,
showing that the pleader is entitled to relief, and a demand for judgment
for the relief to which the pleader claims entitlement. Relief in the
alternative or of several different types may be demanded. If unliquidated
money damages are claimed in any court, other than the Special Civil Part,
the pleading shall demand damages generally without specifying the amount.
If a pleading filed in the Special Civil Part states a demand in excess
of the amount cognizable in that court, said pleading shall be filed by
the clerk for the full cognizable amount and any amount in excess thereof
shall be deemed waived unless the action is transferred pursuant to R.
6:4-1.
The clerk of the Special Civil Part shall, in any pleading filed that
does not set forth a cognizable amount, consider the demand to be for
the maximum amount and the maximum filing fee shall be charged. Upon service
of a written request by another party, the party filing the pleading shall
within 5 days after service thereof furnish the requesting party with
a written statement of the amount of damages claimed, which statement
shall not be filed except on court order. 4:5-3. Answer; Defenses; Form
of Denials An Answer shall state in short and plain terms the pleader's
defenses to each claim asserted and shall admit or deny the allegations
upon which the adversary relies. A pleader who is without knowledge or
information sufficient to form a belief as to the truth of an allegation
shall so state and, except as otherwise provided by R. 4:64-1(b) (foreclosure
actions), this shall have the effect of a denial. Denials shall fairly
meet the substance of the allegations denied. A pleader who intends in
good faith to deny only a part or a qualification of an allegation shall
specify so much of it as is true and material and deny only the remainder.
The pleader may not generally deny all the allegations but shall make
the denials as specific denials of designated allegations or paragraphs.
4:5-4.
Affirmative Defenses; Misdesignation of Defense and Counterclaim A responsive
pleading shall set forth specifically and separately a statement of facts
constituting an avoidance or affirmative defense such as accord and satisfaction,
arbitration and award, contributory negligence, discharge in bankruptcy,
duress, estoppel, failure of consideration, fraud, illegality, injury
by fellow servant, laches, license, payment, release, res judicata, statute
of frauds, statute of limitations, and waiver. If a party has mistakenly
designated a defense as a counterclaim or a counterclaim as a defense,
the court, on terms if the interest of justice requires, shall treat the
pleading as if there had been a proper designation. 4:5-5. Effect of Failure
to Deny Allegations in a pleading which sets forth a claim for relief,
other than those as to the amount of damages, are admitted if not denied
in the answer thereto. In every action brought upon a negotiable instrument,
the authenticity of any signature or endorsement thereon shall be taken
to be admitted unless the same is put in issue by the pleadings. Allegations
in any answer setting forth an affirmative defense shall be taken as denied
if not avoided in a reply; issue shall be deemed to have been joined upon
allegations in an answer setting forth other matters. Allegations in a
reply shall be taken as denied or avoided, and any defense thereto in
law or fact may be asserted at trial. 4:5-6.
Consistency A party may set forth 2 or more statements of a claim or
defense alternatively or hypothetically, either in one count or defense
or in separate counts or defenses. When 2 or more statements are made
in the alternative and one of them, if made independently, would be sufficient,
the pleading is not made insufficient by the insufficiency of one or more
of the alternative statements. As many separate claims or defenses as
the party has may be stated regardless of their consistency and whether
based on legal or on equitable grounds or on both. All statements shall
be made subject to the obligations set forth in R. 1:4-8. 4:5-7. Pleadings
to Be Concise and Direct; Construction Each allegation of a pleading shall
be simple, concise and direct, and no technical forms of pleading are
required. All pleadings shall be liberally construed in the interest of
justice. 4:5-8. Pleading Special Matters (a) Fraud; Mistake; Condition
of Mind. In all allegations of misrepresentation, fraud, mistake, breach
of trust, willful default or undue influence, particulars of the wrong,
with dates and items if necessary, shall be stated insofar as practicable.
Malice, intent, knowledge, and other condition of mind of a person may
be alleged generally. (b) Conditions Precedent. In pleading the performance
or occurrence of conditions precedent, it is sufficient to allege generally
that all such conditions have been performed or have occurred. A denial
of performance or occurrence shall be made specifically and with particularity,
but when so made the party pleading the performance or occurrence has
the burden of establishing it. (c) Pleading According to Legal Effect.
Acts and contracts may be stated according to their legal effect, but
in so doing the pleading should be such as fairly to apprise the adverse
party of the state of facts which it is intended to prove; thus, an act
or promise of a principal other than a corporation, if in fact proceeding
from an agent known to the pleader, should be so stated. In pleading an
official document or official act it is sufficient to allege that the
document was issued or the act done in compliance with law. (d) Judgment.
A judgment or decision of a domestic or foreign court, judicial or quasi-judicial
tribunal, or administrative agency or officer, may be alleged without
stating matter showing jurisdiction to render it. (e) Time and Place.
For the purpose of testing the sufficiency of a pleading, allegations
of time and place are material and shall be considered like all other
allegations of material matter. (f) Special Damage. Items of special damage
claimed shall be specially stated, except that if a general demand for
unliquidated damages is made pursuant to R. 4:5-2, the facts giving rise
to any included claim for special damages shall be specially stated in
lieu of the monetary claim therefor.
RULE 4:6. DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED; BY PLEADING
OR MOTION; MOTION FOR JUDGMENT ON PLEADINGS 4:6-1. When Presented (a)
Time; Presentation. Except as otherwise provided by R. 4:7-5(c) (cross
claims), 4:8-1(b) (third-party joinder), 4:9-1 (answer to amended complaint),
and 4:64-1(g) (governmental answer in foreclosure actions), the defendant
shall serve an answer, including therein any counterclaim, within 35 days
after service of the summons and complaint on that defendant. If service
is made as provided by court order, pursuant to R. 4:4-4(b)(3), the time
for service of the answer may be specified therein. Service of the answer
shall be complete as provided by R. 1:5-4. A party served with a pleading
stating a counterclaim or cross claim against that party shall serve an
answer thereto within 35 days after the service upon that party. A reply
to an answer, where permitted, shall be served within 20 days after service
of the answer. (b) Time; Effect of Certain Motions. Unless the court fixes
a different time period, the time periods prescribed in paragraph (a)
of this rule are altered by the filing and service of a motion under R.
4:6 or for summary judgment under R. 4:46 or R. 4:69-2 as follows: (1)
if the motion is denied in whole or part or its disposition postponed
until trial, the responsive pleading shall be served within 10 days after
notice of the court's action; (2) if a motion for a more definite statement
is granted, the responsive pleadings shall be served within 10 days after
the service of such statement. If notice is given a nonresident party
demanding security for costs and the nonresident gives notice of the filing
of the bond or the making of the deposit, the party making the demand
shall then have the same time to plead as may have remained at the time
of the service of the notice demanding the security. (c) Time; Extension
by Consent. The time for service of a responsive pleading may be enlarged
for a period not exceeding 60 days by the written consent of the parties,
which shall be filed with the responsive pleading within said 60-day period.
Further enlargements shall be allowed only on notice by court order, on
good cause shown therefor. (d) Certificate of Service. The party filing
the responsive pleading or the party's attorney shall certify thereon,
or in an acknowledgment, proof or certificate of service, that the pleading
was served within the time period allowed by R. 4:6 or other rule specified
in the certificate. 4:6-2. How Presented Every defense, legal or equitable,
in law or fact, to a claim for relief in any complaint, counterclaim,
cross-claim, or third-party complaint shall be asserted in the answer
thereto, except that the following defenses may at the option of the pleader
be made by motion, with briefs: (a) lack of jurisdiction over the subject
matter, (b) lack of jurisdiction over the person, (c) insufficiency of
process, (d) insufficiency of service of process, (e) failure to state
a claim upon which relief can be granted, (f) failure to join a party
without whom the action cannot proceed, as provided by R. 4:28-1. If a
motion is made raising any of these defenses, it shall be made before
pleading if a further pleading is to be made. No defense or objection
is waived by being joined with one or more other defenses in an answer
or motion. Special appearances are superseded. If, on a motion to dismiss
based on the defense numbered, (e) matters outside the pleading are presented
to and not excluded by the court, the motion shall be treated as one for
summary judgment and disposed of as provided by R. 4:46, and all parties
shall be given reasonable opportunity to present all material pertinent
to such a motion. Interrogatory Questions and Discovery The Answer is
followed by a request for written interrogatories. These are questions
that must be answered by each party. Generally, written interrogatories
are followed by the taking of depositions, which is recorded testimony
given under oath by any person the opposition wishes to question. Request
for Production of Documents Kenneth Vercammen's office will also demand
a Request for Production of Documents pursuant R. 4:18-1, which includes
a Demand for Discovery of Insurance. Superior Court Civil Arbitration
All civil lawsuits are required to participate in a Civil Arbitration
at the County Courthouse or in a Mediation. In Middlesex County cases,
these are held at the Middlesex County Courthouse Building, 1st Floor,
1 John F. Kennedy Square at Bayard Street, New Brunswick, New Jersey.
In the event you are deposed during the course of this action, you will
receive detailed instructions as to procedure and will be requested to
watch a videotape. After taking depositions, the case will be set down
for an Arbitration. Some non-injury cases are sent to court-ordered civil
mediation. If the parties do not settle after the Arbitration, the case
will be given a trial call date. Prior to Arbitration, each party must
fill out a form in civil, non personal injury cases:
UNIFORM COMMERCIAL ARBITRATION MEMORANDUM (All Information Must Be Legibly
Printed Or Typed) PLEASE RETURN TO: Number of Witnesses you are offering
at Arbitration: ______ Anticipated length of time for your presentation:
_________ 1. Brief factual outline as to your position: 2. Set forth disputed
facts and issues by any party in outline form: 3. Provide facts that you
anticipate will be undisputed: 4. Set forth legal issues to be addressed
by arbitrator: 5. Please quantify elements of your alleged damages: 6.
Set forth issues addressed in expert reports (attach copies): 7. Discuss
mitigation of damages (if applicable): 8. Describe the basis for the defenses
you assert to the complaint and/or counterclaim: 9. Have all parties been
served: Yes _________ No __________ 10. Are any parties in default? Yes
_________ No __________ 11. List any unserved and/or defaulted parties:
12. Should any special expertise be required by the arbitrator, e.g.,
should the arbitrator be familiar with a particular discipline and/or
industry? If yes, please specify: The Arbitration is held before an attorney
selected by the Assignment Judge who will read medical reports and statements
submitted by the parties, then listen to testimony from the parties for
approximately 15 minutes. The Arbitrator will make a decision as to who
is responsible and whether damages should be awarded. Most Personal Injury
attorney mail a draft of the Arbitration Statement to their clients ahead
of time. We recommend clients notify our office immediately in writing
with any changes in the Arbitration Statement. We suggest you visit the
accident site during the week prior to Arbitration, and call all of your
doctors to confirm all bills are paid. We previously provided a copy of
your Answers to Interrogatories to our clients. Personal injury clients
should carefully review the answers to interrogatories before the Arbitration.
You should be fully familiar with the information which was supplied by
way of answers to interrogatories because many of the Arbitration questions
will involve the same information. If you cannot locate your copy of the
Answers to the Interrogatories, please call your attorney's office and
they should forward to you another copy of the Answers to the Interrogatories.
You must be present in court and prepared to proceed at that time. You
should bring all of your papers in connection with your case to Court.
Please call your attorney's secretary approximately 24 hours before this
hearing to confirm that the court has not adjourned your hearing. 4:21A-1.
Actions Subject to Arbitration; Notice and Scheduling of Arbitration (a)
Mandatory Arbitration. Arbitration pursuant to this rule is mandatory
for applicable cases on Tracks I, II, and III, and only as required by
the managing judge for cases on Track IV. (1) Automobile Negligence Actions.
All tort actions arising out of the operation, ownership, maintenance
or use of an automobile shall be submitted to arbitration in accordance
with these rules. (2) Other Personal Injury Actions. Except for professional
malpractice actions, all actions for personal injury not arising out of
the operation, ownership, maintenance or use of an automobile shall be
submitted to arbitration in accordance with these rules. (3) Other Non-Personal
Injury Actions. All actions on a book account or instrument of obligation,
all personal injury protection claims against plaintiff's insurer, and
all other contract and commercial actions that have been screened and
identified as appropriate for arbitration shall be submitted to arbitration
in accordance with these rules. (b) Voluntary Arbitration. Any action
not subject to mandatory arbitration pursuant to subsections (1), (2),
or (3) of paragraph (a) of this rule may be submitted to arbitration on
written stipulation of all parties filed with the civil division manager.
(c) Removal From Arbitration. An action assigned to arbitration may be
removed therefrom as follows: (1) Prior to the notice of the scheduling
of the case for arbitration or within 15 days thereafter, the case may
be removed from arbitration upon submission to the arbitration administrator
of a certification stating with specificity that the controversy involves
novel legal or unusually complex factual issues or is otherwise ineligible
for arbitration pursuant to paragraph (a). A copy of this certification
must be provided to all other parties. A party who objects to removal
shall so notify the arbitration administrator within ten days after the
receipt of the certification, and the matter will then be referred to
a judge for determination. The arbitration administrator shall, however,
remove the case from arbitration if no objection is made and the reasons
for removal certified to are sufficient. The failure of a prior court-ordered
mediation may be considered a sufficient reason for removal. Altogether,
these procedures may take from 12 months to several years, and your patience
may be sorely tried during this time. However, it has been our experience
that clients who are forewarned have a much higher tolerance level for
the slowly turning wheels of justice. CONCLUSION If a lawsuit is filed,
immediately schedule a consultation with an attorney. Our office represents
parties in Civil Litigation cases. If facing a lawsuit, immediately schedule
an appointment with a civil attorney. Don't rely on a real estate attorney,
public defender or a family member who took a law class in school. When
your life and business is on the line, hire the best attorney available.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge
Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 TRIAL AND
LITIGATION EXPERIENCE
In his private practice, he has devoted a substantial portion of his
professional time to the preparation and trial of litigated matters. He
appears in Courts throughout New Jersey several times each week on many
personal injury matters, Criminal and Municipal/ traffic Court trials,
Probate hearings, and contested administrative law hearings. Mr. Vercammen
served as the Prosecutor for the Township of Cranbury, Middlesex County
and was involved in trials on a weekly basis. He also argued all pre-trial
motions and post-trial applications on behalf of the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge, Perth
Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick,
South River and South Plainfield for conflict cases. Since 1989, he has
personally handled hundreds of criminal and motor vehicle matters as a
Prosecutor and now as defense counsel and has had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township of Edison
and Borough of Metuchen and a Designated Counsel for the Middlesex County
Public Defender's Office. He represented indigent individuals facing consequences
of magnitude. He was in Court trying cases and making motions in difficult
criminal and DWI matters. Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities which
demonstrate his commitment to the legal profession and providing quality
representation to clients. Since 1985, his primary concentration has been
on litigation matters. Mr. Vercammen gained other legal experiences as
the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme
Court) with the Delaware County, PA District Attorney Office handling
Probable Cause Hearings, Middlesex County Probation Department as a Probation
Officer, and an Executive Assistant to Scranton District Magistrate, Thomas
Hart, in Scranton, PA.
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