| Compiled
by Kenneth Vercammen, Esq.
Our office represents Companies, insurance companies and people
involved in civil lawsuits where the amount in controversy is over
$15,000. We provide representation throughout New Jersey.
Details on the NJ Superior Court is set forth at http://www.judiciary.state.nj.us/trial.htm
Criminal, civil and family cases are heard in the trial courts.
Criminal cases are those in which a defendant stands accused of
a serious crime, such as assault, theft, robbery, fraud, or murder.
Approximately 50,000 criminal cases are heard in the Criminal Division
of Superior Court each year.
Most civil cases that are heard in the Superior Court involve disputes
in which a plaintiff claims that he or she has been hurt by the
actions of the defendant and seeks monetary compensation. Examples
of such cases are those involving automobile accidents, medical
malpractice, breaches of contracts and landlord tenant disputes.
Civil cases in which the amounts in controversy exceeds $15,000
are heard in the Civil Division of Superior Court. Cases in which
the amounts in controversy are between $3,000 and $15,000 are heard
in the Special Civil Part of the Civil Division. Those in which
the amounts in controversy are less than $3,000 also are heard in
the Special Civil Part and are known as small claims cases. In all,
about 560,000 cases are heard in the Civil Division and Special
Civil Part.
Civil cases in which monetary damages are not being sought are
heard in the General Equity Division of Superior Court. General
Equity judges handle non-jury cases such as those involving trade
secrets, labor matters, foreclosures and other disputes in which
court relief, often in the form of restraining orders, is sought
on an emergency basis. Our website www.njlaws.com provides details
on criminal and other cases in Superior Court.
Family related cases, such as those involving divorce, domestic
violence, juvenile delinquency, child support, foster-care placements
and termination of parental rights, are heard in the Family Division
of Superior Court. About 350,000 cases are handled by the Family
Division each year.
Filing of Civil Complaint
The following are details on Civil cases in Superior Court, Law
Division. 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 is the Court Rule 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 noncomplying
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.
4:6-3. Required Motions; Preliminary Hearings
Defenses (a) (e) and (f) in R. 4:6-2, whether made in an answer
or by motion, shall be heard and determined before trial on application
of any party, unless the court for good cause orders that the hearing
and determination thereof be deferred until the trial. Defenses
(b) (c) and (d) in R. 4:6-2 shall be raised by motion within 90
days after service of the answer, provided that defense has been
asserted therein and provided, further, that no previous motion
to which R. 4:6-6 is applicable has been made.
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.
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. If the parties do not settle after
the Arbitration, the case will be given a trial call date.
Altogether, these procedures may take from six 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.
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. Prior to Arbitration, each party must fill out in civil
cases an arbitration memo.
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 provide our clients with a copy of your Answers to Interrogatories
to our clients. Clients should carefully review the answers to interrogatories
before the Arbitration. They 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.
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.
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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