New Jersey Motion for Summary Judgment on Behalf of Defendant

State:
Multi-State
Control #:
US-PI-0269
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
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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.

The plaintiff, within 45 days after being served with the third-party complaint, or, if the defendant has sought leave, within 45 days after being served with the order granting such leave, may amend the complaint to assert any claim against the third-party defendant arising out of the transaction or occurrence that is ...

An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.

A motion for summary judgment, with all supporting affidavits and papers, must be filed and personally served at least twenty-eight (28) days before the selected return date. N.J.R. -3 (a) (amended eff 4/25/22); N.J.R. -1.

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?

DEFINING ?POSSESSION, CUSTODY, OR CONTROL? Court Rule -1(a) permits a request for any documents within the opposing party's ?possession, custody or control.? [R. -1(a).]

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

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New Jersey Motion for Summary Judgment on Behalf of Defendant