The plenary action The life of the plenary action in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. P1ComplaintDay 0
2. P2Fee, or fee waiverDay 0
3. P3Track assignmentWithin 10 days of filing
4. P4Summons and serviceAs soon as possible after filing
5. P5Answer, or default35 days after service
6. P6Discovery150, 300 or 450 days
7. P7Motions16 / 8 / 4 days before the return date
8. P8Arbitration or mediationAfter discovery ends; 30 days to reject an award
9. P9Trial and judgmentTrial date set after discovery
10. P10Appeal45 days from entry of judgment
11. P11Collecting the judgmentWrits last two years; wage writs twenty

Stop by stop

1. P1 Complaint

   Clock: Day 0

   The plaintiff files a complaint and a Civil Case Information Statement with the civil division of the county, on paper or through JEDS. Over $20,000 is the Civil Part; $20,000 and under is the Special Civil Part; $5,000 and under is small claims.

   What the rule says 2 sources

   “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. 4:8; a third-party answer, if a third-party complaint is served; and a reply, if an affirmative defense is set forth in an answer and the pleader wishes to allege any matter constituting an avoidance of the defense. No other pleading is allowed.”

   R. 4:5-1(a) · as code

   “If the lawsuit is for $5,000 or less, file with small claims. If your lawsuit is for an amount between $5,000 and $20,000, file with the special civil part”

   NJ Courts, Lawsuits over $20,000 (Civil)

2. P2 Fee, or fee waiver

   Clock: Day 0

   The clerk cannot file the case without the fee. If you cannot pay, the fee waiver application (CN 11208) is filed with the complaint; that is the motion this whole site is named for.

   What the rule says 2 sources

   “To file a lawsuit complaint $250. To file an answer to a complaint $175. To file a motion in a civil suit $50.”

   NJ Courts, Lawsuits over $20,000 (Civil), Filing Fees & Waivers

   “whenever any person by reason of poverty seeks relief from the payment of any fees provided for by law which are payable to any court or clerk of court including the office of the surrogate or any public officer of this State, any court upon the verified application of such person, which application may be filed without fee, may in its discretion order the payment of such fees waived.”

   R. 1:13-2(a) · as code

3. P3 Track assignment

   Clock: Within 10 days of filing

   The court mails a Track Assignment Notice. The track decides how long discovery runs. The plaintiff attaches the notice to the papers served on each defendant.

   What the rule says

   “Within ten days after the filing of the complaint, the court shall mail a notice of track assignment to the plaintiff. The plaintiff shall annex a copy of the notice to process served on each defendant.”

   R. 4:5A-2(a) · as code

4. P4 Summons and service

   Clock: As soon as possible after filing

   The court returns file-stamped copies and a summons; the plaintiff has them served on every defendant. Personal service in New Jersey is the primary method; the rule lists the alternatives.

   What the rule says

   “The primary method of obtaining in personam jurisdiction over a defendant in this State is by causing the summons and complaint to be personally served withing the State pursuant to R. 4:4-3, as follows: Upon a competent individual of the age of 14 or over, by delivering a copy of the summons and complaint to the individual personally, or by leaving a copy thereof at the individual's dwelling place or usual place of abode with a competent member of the household of the age of 14 or over then residing therein”

   R. 4:4-4(a)(1) · as code

5. P5 Answer, or default

   Clock: 35 days after service

   The defendant answers (with any counterclaim) within 35 days. Silence lets the plaintiff ask the clerk to enter default, and then a default judgment.

   What the rule says 2 sources

   “the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant.”

   R. 4:6-1(a) · as code

   “If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.”

   R. 4:43-1 · as code

6. P6 Discovery

   Clock: 150, 300 or 450 days

   Both sides exchange documents, interrogatories and depositions. The clock runs from the first answer, or from 90 days after the first defendant is served, whichever comes first. Sixty days before it ends the court sends a notice; extensions must be sought before it expires.

   What the rule says 2 sources

   “all proceedings referred to in R. 4:10-1 to R. 4:23-4 inclusive shall be completed within the time for each Track as hereafter prescribed counting from the date the first answer is filed or from 90 days after the first defendant is served, whichever occurs first: Track I – 150 days; Track II – 300 days; and Tracks III and IV, except as otherwise provided by R. 4:69-4 – 450 days.”

   R. 4:24-1(a) · as code

   “The court shall send a notice to each party to the action 60 days prior to the end of the prescribed discovery period. The notice shall advise that if an extension of the discovery period is required, application therefor must be made prior to its expiration and that if no such application is made, the action shall be deemed ready for trial.”

   R. 4:36-2 · as code

7. P7 Motions

   Clock: 16 / 8 / 4 days before the return date

   Either side can ask the judge for an order at any point: to dismiss, to compel discovery, for summary judgment. A motion has a return date; the papers are due on a fixed count of days before it.

   What the rule says 2 sources

   “a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte. Thus, for example, if the return date of the motion is a Friday, the motion must be filed and served not later than the Wednesday, 16 days prior. If a motion is supported by affidavit or certification, the affidavit or certification shall be filed and served with the motion. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time.”

   R. 1:6-3(a) · as code

   “a motion for summary judgment shall be served and filed not later than 28 days before the time specified for the return date; opposing affidavits, certifications, briefs, and cross-motions for summary judgment, if any, shall be served and filed not later than 10 days before the return date; and answers or responses to such opposing papers or to cross-motions shall be served and filed not later than four days before the return date.”

   R. 4:46-1 · as code

8. P8 Arbitration or mediation

   Clock: After discovery ends; 30 days to reject an award

   Most cases are sent to a neutral before trial. Auto negligence, most personal injury and screened contract cases go to mandatory arbitration on Tracks I to III. An award becomes the end of the case unless a party demands a trial de novo within 30 days.

   What the rule says 3 sources

   “Arbitration pursuant to this rule is mandatory for applicable cases on Tracks I, II, and III, as set forth in paragraphs (1), (2), and (3) below, and only as required by the managing judge for cases on Track IV”

   R. 4:21A-1(a) · as code

   “An order shall be entered dismissing the action following the filing of the arbitrator’s award in the court’s electronic filing system unless:   within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo and pays a trial de novo fee as set forth in paragraph (c) of this rule”

   R. 4:21A-6(b)(1) · as code

   “Dispute resolution typically resolves most cases. In fact, only 2% of civil cases ever go to trial.”

   NJ Courts, Lawsuits over $20,000 (Civil)

9. P9 Trial and judgment

   Clock: Trial date set after discovery

   Evidence, witnesses, argument, then a decision by the judge or, if demanded, a jury. A motion for a new trial has a 20-day clock; relief from a judgment has its own grounds.

   What the rule says 3 sources

   “During trial, both sides will present evidence and make oral arguments. The judge will make a final judgment on the case. If a jury trial was requested, the jury will decide the case.”

   NJ Courts, Lawsuits over $20,000 (Civil)

   “A motion for a new trial shall be served not later than 20 days after the court's conclusions are announced in nonjury actions or after the return of the verdict of the jury.”

   R. 4:49-1(b) · as code

   “the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect;”

   R. 4:50-1 · as code

10. P10 Appeal

    Clock: 45 days from entry of judgment

    A notice of appeal goes to the Appellate Division within 45 days. A fee waiver for the appeal is applied for in the county where the case began.

    What the rule says 2 sources

    “appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents, and final judgments of the Division of Workers’ Compensation shall be filed within 45 days of their entry.”

    R. 2:4-1(a) · as code

    “To apply for a fee waiver in the Appellate Division of Superior Court, you must submit your application in the Superior Court in the county where your case was first filed.”

    NJ Courts, Court Fees and Fee Waivers

11. P11 Collecting the judgment

    Clock: Writs last two years; wage writs twenty

    A judgment is a piece of paper until it is enforced: a writ of execution against bank accounts or property, a wage execution, an information subpoena, or docketing the judgment as a lien on real estate.

    What the rule says 3 sources

    “Process to enforce a judgment or order for the payment of money and process to collect costs allowed by a judgment or order, shall be a writ of execution”

    R. 4:59-1(a) · as code

    “The judgment creditor can request an execution against a person's wages if the debtor works in New Jersey and earns more than $217.50 per week.”

    NJ Courts, Collecting Money in a Civil Judgment

    “The debtor can keep $1,000 worth of personal property and clothing.”

    NJ Courts, Collecting Money in a Civil Judgment