New Jersey Jury Instruction - 1.2 With Counterclaim By Defendant
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FAQ
Rule -2. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from or not germane to that sought in the pleading of the opposing party.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
In New Jersey, motions for reconsideration can only be filed if there is a clear demonstration that the judge's decision has fallen into a specified category of error. There is a strict deadline in New Jersey of 20 days after the decision that the motion must be filed.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Rule -6. If such motion omits therefrom any defense or objections then available which R. permits to be raised by motion, the party shall not thereafter make a motion based on any such omitted defenses or objections, except as provided in R.
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 ...
. (a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated.
-1 and -2(a), (b) apply to the dismissal of any counterclaim, cross-claim or third-party claim. 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.