Rule 4:7 – Counterclaim and Cross-Claim

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:7-1. Mandatory or Permissive CounterclaimsExcept as otherwise provided by R. 4:64-5 (foreclosure actions) and R. 4:67-4 (summary actions), a pleading may state as a counterclaim any claim against the opposing party whether or not arising out of the transaction...

Rule 4:5B – Case Management; Conferences

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:5 B-1. Assignment for Case ManagementAt the time the complaint is filed, the action shall be assigned to a designated judge, who shall, except as otherwise provided by R. 4:24-1(c), preside over all pretrial motions and management conferences in the cause until...

Rule 4:5A – Case Tracks

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:5 A-1. Tracks DefinedEvery civil action filed in the Superior Court, except civil commitment actions brought pursuant to R. 4:74-7 and actions in probate, foreclosure and all other general equity actions, shall be assigned by case type as prescribed by the Case...

Rule 4:5 – General Rules of Pleading

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:5-1. General Requirements for Pleadings(a) Pleadings Allowed. There shall be a complaint and an answer; an answer to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint pursuant to R....

Rule 4:4 – Process

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:4-1. Summons; IssuanceThe plaintiff, plaintiff’s attorney or the clerk of the court may issue the summons. If a summons is not issued within 15 days from the date of the Track Assignment Notice, the action may be dismissed in accordance with R. 4:37-2(a)....