New Jersey General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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Multi-State
Control #:
US-01058BG
Format:
Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
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FAQ

. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

A voluntary dismissal by the claimant alone pursuant to R. -1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.

This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...

Notice of Motion - A notice of motion is the form used to inform the court and all opposing parties that the moving party is seeking a specific ruling or order from the court. Oral argument - Oral argument refers to the appearance in court by the parties to present their positions to the judge in person.

A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each of the facts in the moving party's statement. N.J.R. -2 (a) (amended eff 9/1/22); N.J.R. -2 (b) (amended eff 9/1/16).

Rule 4.4 - Respect for Rights of Third Persons (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

If a party receiving full satisfaction of a judgment fails to enter satisfaction on the record or deliver a warrant to satisfy, the court may on motion by the party making satisfaction, order satisfaction of the judgment to be entered of record.

Appellate Court Filing Fees FilingFeesNotice of Appeal/Cross Appeal$250Motion for Leave to Appeal (MLA)$50Post Judgment Motion$50

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New Jersey General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion