The New Jersey Notice to Client/Pro Se Party Pursuant to R. 4:23-5(a)(2) — Appendix II-B is a notice that must be served to clients and pro SE (self-represented) parties when filing a motion for summary judgment in the state of New Jersey. This notice must be served on all parties to the motion, including the client or pro SE party, and it must be done in accordance with Rule 4:23-5(a)(2) of the New Jersey Rules of Court. The notice serves to inform the client or pro SE party of the motion for summary judgment and its potential consequences, such as the possibility of judgment being entered against them if they do not respond to the motion. It also explains that the client or pro SE party has the right to submit an opposition to the motion, and that they may be eligible for a court-appointed attorney or other assistance if they cannot afford to hire their own counsel. The New Jersey Notice to Client/Pro Se Party Pursuant to R. 4:23-5(a)(2) — Appendix II-B is broken down into three different types of notices, depending on the particular situation of the client or pro SE party. These are: 1. Notice to Client/Pro Se Party of a Motion for Summary Judgment; 2. Notice to Client/Pro Se Party of a Motion for Summary Judgment in an Uncontested Action; and 3. Notice to Client/Pro Se Party of a Motion for Summary Judgment in a Contested Action. Each of these notices contains specific information that must be included in order to comply with Rule 4:23-5(a)(2) of the New Jersey Rules of Court.
New Jersey Notice to Client/Pro Se Party Pursuant to R. 4:23-5(a)(2) - Appendix II-B
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(a) Failure to Be Sworn or Answer a Question. If a deponent fails to be sworn or to answer a question after being directed to do so, the failure may be considered a contempt of that court. (b) Other Matters.
A trustee of an express trust may be sued without joining the beneficiaries of the trust unless it shall affirmatively appear in the action that a conflict of interest exists between the trustee and the beneficiaries.
Rule -4. In lieu of any order or in addition thereto the court shall require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
The term pro se means that you are representing yourself in court without a lawyer.
A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (a) Motion. If a deponent fails to answer a question propounded or submitted under R.
Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation.
If defendant does not answer or appear within 60 days following mailed service, service shall be made as is otherwise prescribed by this rule, and the time prescribed by R. -1 for issuance of the summons shall then begin to run anew.
(a) Failure to Be Sworn or Answer a Question. If a deponent fails to be sworn or to answer a question after being directed to do so, the failure may be considered a contempt of that court.