Subject: New Jersey Sample Letter for Plaintiff's Response to Defendant's Motion for Attorney's Fees Dear [Defendant's Name], I hope this letter finds you well. I am writing in response to your recent motion seeking attorney's fees in the [Case Name]. As the plaintiff, I would like to address your motion and provide a comprehensive response on behalf of my legal team. Firstly, let me emphasize that we strongly oppose your request for attorney's fees, as we firmly believe that it lacks merit and violates the procedural rules set forth by the state of New Jersey. I would like to highlight the following key points in our response: 1. Basis for Opposition: — According to Rule 4:42-9, attorney's fees can only be awarded if authorized by statute, court rule, or contract. As the defendant in this case, no such authorization exists. — The New Jersey Courts have consistently held that the prevailing party in a lawsuit is not entitled to recover attorney's fees, barring exceptional circumstances. We argue that no exceptional circumstances are present in this case. — It is essential to differentiate between the unsuccessful party and a party that has acted in bad faith or pursued frivolous claims. Only the latter would potentially warrant an award of attorney's fees. 2. No Statutory Authority: — Your motion fails to establish any statutory basis for claiming attorney's fees. New Jersey follows the American Rule, which generally requires parties to bear their own attorney's fees. — Citing relevant case law, we demonstrate that New Jersey courts strictly adhere to this principle, and an award of attorney's fees can only be granted in limited situations, none of which apply here. 3. No Demonstrated Bad Faith or Frivolous Conduct: — Your assertion that my legal team engaged in bad faith litigation or pursued frivolous claims is baseless and lacks evidentiary support. — We have diligently worked on this case, strictly adhering to ethical guidelines, and pursuing the best interests of our client — the plaintiff. Your claim for attorney's fees on these grounds is unfounded and an attempt to shift the burden of litigation expenses. In conclusion, we request that the court dismiss your motion for attorney's fees with prejudice, as the basis for your claim is deficient under New Jersey law. If you proceed with this motion, we reserve the right to seek recovery for any attorney's fees incurred in opposing this baseless request. Please consider our response and the applicable legal principles carefully before proceeding further with this matter. Our client expects a fair and just resolution to this case, and we trust that the court will ultimately make a well-grounded decision based on the facts and legal precedents. Thank you for your attention to this matter, and we await the court's ruling. Sincerely, [Your Name] [Your Attorney's Name] [Your Contact Information]
New Jersey Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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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 ...
Follow these steps to respond to a motion: Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. ... Get ready for the hearing. ... Prepare an order.
?Motions for reconsideration are applicable only when the court's order is based on plainly incorrect reasoning, when the court failed to consider evidence, or there is good reason for it to consider new information on an issue decided.? [Cummings v. Bahr, 295 N.J. Super. 374, 384-385 (App. Div.
The Certification in Opposition to Motion tells the court the reasons why you object of the ruling requested by your adversary and why the court should deny the request. Fill in the required information. You must indicate whether you want to waive oral argument and let the judge decide the motion on the papers or not.
The Certification in Opposition to Motion tells the court the reasons why you object of the ruling requested by your adversary and why the court should deny the request. Fill in the required information. You must indicate whether you want to waive oral argument and let the judge decide the motion on the papers or not.
It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030 which can be found at , present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of Page 3 3 | Page SDCPLL ...
