Requesting Discovery Form Withdrawal In Middlesex
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The filing of a motion for leave to appeal shall not stay the proceedings in the trial court or agency except on motion made to the court or agency which entered the order or if denied by it, to the appellate court.
When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.
Rule -2 - Form of Motion; Hearing (a)Generally. An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.
Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court.
Rule -2 - Pleas, Plea Agreements (a)Pleas Allowed, Guilty Plea. (1)Generally. A defendant may plead not guilty or guilty, but the court may, in its discretion, refuse to accept a guilty plea.
No judgment by default shall be entered against a minor or mentally incapacitated person without 5 days' written notice to the guardian or a guardian ad litem appointed for the minor or mentally incapacitated person; nor against any other party without written notice to that party, if the court, in the interest of ...
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
Special Civil is limited to cases in which the demand is $20,000 or less. If you believe you are entitled to recover more than $20,000, your case should be filed in the Law Division of the Superior Court.
