New Jersey Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion

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US-01425BG
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Description

A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.


In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.

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FAQ

If the defendant responds in writing within the 35 days, a trial date will be scheduled. All parties will be notified by the court. If a defendant does not respond within the 35 days, the court will enter a default.

After the pretrial conference has been conducted and a trial date set, the court shall not accept negotiated pleas absent the approval of the Criminal Presiding Judge based on a material change of circumstance, or the need to avoid a protracted trial or a manifest injustice.

(a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. -2.

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

. 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.

The third-party plaintiff shall serve a copy of the third-party complaint upon the plaintiff within 5 days after service thereof upon the third-party defendant.

Under New Jersey Court Rule , an adverse party can require a plaintiff in a personal injury action to submit to a physical or mental examination?i.e., an independent medical examination (?IME?) or DME. But when, if ever, is third-party observation or recording of an IME allowed?

(a) Demand; Time; Manner. Except as otherwise provided by R. -5 (summary actions), any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing not later than 10 days after the service of the last pleading directed to such issue.

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New Jersey Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion