New Jersey How To Request A Judgment Or Dismissal Without A Trial (Motion For Summary Judgment)
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Filing all papers not herein provided for, $5.00, if microfilming process is used, $5.00 per page. Plain copy of two-page will, $6.00. Each additional page, $3.00. Filing of motions in the Superior Court, Chancery Division, Probate Part, $15.00.
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
In some instances, a default judgment can be removed. This process is called vacating or setting aside the judgment. In order to have the default judgment vacated or set aside, the person must show the court they have a good reason to do so.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.
The cost to file a motion will increase from $30 to $50. Finally, it will now cost $25 to file a non-dissolution (FD) application/motion.
In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).