Legal Question in Civil Litigation in New Jersey

What are the procedural requirements to respond to a complaint in the superior court of new jersey camden county law division special part where defendant is contesting jurisidction, venue, and seeks a motion to dismiss in leiu of filing an answer, as well as filing an answer or demurrer. can all docs be filed and served, what are the rules of special appearance? To be more clear, my a i file an demurrier, and an answer in the even the demurrer is over ruled as well as a motion to dismiss in all one filing?

I have 35 days from 16th of December, I do not have much time. Please assist, tx. California Lawyer


Asked on 1/14/11, 10:14 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

You will find the NJ Rules of Court online at http://www.judiciary.state.nj.us/. See Parts I and IV for the rules of general applicability to civil actions and Part VI for the unique rules applicable to the special civil part. Rules 4:6-2 and -3 are germane to your question. You may raise lack of jurisdiction over the person in a motion in lieu of an Answer. It is a dispositive motion and, if successful, does not subject its maker to personal jurisdiction although the Rules do not use the term "special appearance". If unsuccessful, your Answer should be filed within ten days. NJ counsel will routinely agree to consentual extensions of time to "answer or otherwise respond to the Complaint". An additional thirty days is easy to get. File the stipulaiton of extension together with the Answer.

The information above assumes that you are representing yourself. If the suit is against an entity or a person other than yourself, you will still need to appear through NJ counsel. Call if you need more.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/19/11, 1:42 pm


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