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Civil Division

Types of Matters Handled:

Civil cases are extremely diverse, covering all but family and criminal matters. Typical civil cases involve contracts, personal injury, nuisance claims, automobile accidents, landlord/ tenant disputes, employment and discrimination cases. The Civil Division has several main subdivisions which handle certain categories of cases.

Civil Part (Law Division): ("L-" and "W-" docket numbers)

Tort and contract cases, name changes and docketed judgements. These are the larger, more complex cases. There are no forms or legal advice available other than the Case Information Statement (CIS). Litigants who appear "pro se" (represent themselves) are expected to be fully aware of the New Jersey Court Rules. The only exception is name changes. Further assistance is available in the Legal Assistance section at the end of this page. There is no limit on the damages that may be sought in this court. Large amounts of information are often exchanged among the parties. Cases can take anywhere from several months to several years to resolve. Most of these cases are heard before a jury.

Special Civil Part: ("DC-" docket numbers)

Tort and contract cases valued up to $15,000. Cases are resolved more quickly than in the Civil Part and usually without a jury. Further information is available on the Special Civil FAQ page. A complaint must be filed in the county where at least one defendant resides or a defendant business is located.

Small Claims: ("SC-" docket numbers)

Tort and contract cases valued at $3,000 or less. Cases are resolved very quickly and simply, usually without an attorney. Filing fees are lower than in the other courts and no Answer is required, only an appearance on the trial date. Further information is available on the Small Claims FAQ page. A complaint must be filed in the county where at least one defendant resides or a defendant business is located.

Landlord/ Tenant: ("LT-" docket numbers)

Disputes involving possession of a premise by the landlord or the tenant. (Cases for past due rent are filed either in Civil Part, Special Civil Part or Small Claims, depending on the amount of the rent due). Further information is available on the Landlord/Tenant Section FAQ page.

Civil Part Record Room (records, filing, motions)

All civil part filings are done at the Civil Part Record Room, 2nd Floor - Tower, New Jersey Superior Court, P. O. Box 2633, 56 Paterson Street, New Brunswick, NJ 08903 Telephone # 732-519 - 3678

Civil Division Assignment Office

The Assignment Office schedules trials, settlement conferences, wage execution hearings, friendly proof hearings (minors) and default judgment hearings. Telephone # 732-519 - 3686

Civil Part Arbitration Office

The Arbitration Department is located on the first floor of the main Courthouse at 56 Paterson St.. Arbitration Administrator- 732-519-3722 Calendar Coordinator -- 732-519-3723

Presumptive Mediation Program

In the Civil Law Division, the Presumptive Mediation Program is a dispute resolution program that takes place during the pre-trial discovery period. Thirteen different types of cases are ordered to mediation with state approved mediators. The first three hours of mediation are free of charge to the parties involved. The three hours usually includes a phone conference with the mediator and all parties, and then a mediation session, at which point the mediator tries to foster a resolution to the dispute. At the conclusion of three hours, any party may opt out of mediation. If the parties wish to continue, the mediator is paid an hourly fee. If no compromise is reached, the case continues on to the discovery end date, and is scheduled for trial or arbitration.

Voluntary Binding Arbitration This program offers the parties a fair and economical resolution of their dispute by an experienced panel, consisting of a Superior Court Judge selected by the parties, a member of the Bar selected by the plaintiff, and a member of the Bar selected by the defense. Prior to the referral to binding arbitration, the case is dismissed from the Civil Law Division's active trial calendar.

Special Civil Part, Small Claims, and Landlord/ Tenant

56 Paterson St.
New Brunswick, NJ 08903-1146
Special Civil Part telephone # 732-519-3679
Small Claims telephone # 732-519-3755
Landlord/Tenant telephone # 732-519-3757

Hours of operation for the courts: 8:30 a.m. to 4:30 p.m.

Directions from Turnpike or Route 1 or Route 18:

1.Take Exit 9 from Turnpike (or Route 18 North exit from Route 1) to Route 18 North to New Brunswick.
2.Exit Route 18 at the New Street exit.
3.From New Street, turn right onto Neilson Street (first traffic light).
4.Turn left onto Bayard Street. Court House is on the right, one block past George Street.

Civil Division Assignment Office and Special Civil Part court room are on the second floor of the Court House.

Special Civil Part offices are at 56 Paterson St..

The Court House is two blocks down Spring Street from the Albany Street train station and bus stop.

Middlesex County Civil Division Overview

The Middlesex County Civil Division is one of the largest in the state. The trial work is divided among the Presiding Judge and sixteen other Judges assigned to the division. In addition to adjudication, many cases participate in one or more of the Complementary Dispute Resolution (CDR) programs to help litigants resolve their disputes outside of the courtroom. These programs are established under the authority of the Supreme Court and are subject to the New Jersey Court Rules. The following programs are in place in the Civil Division.

Arbitration Programs

New Jersey Court Rule 4:21A and New Jersey Statues 39:6A-24 to 35 inclusive govern arbitration. Arbitrators must be neutral attorneys with at least seven years of experience in personal injury law or retired Superior Court Judges. Arbitrators act as judge and jury and hear arguments, review evidence and render a decision. Arbitration is less formal, less complex and often concluded more quickly than court proceedings. The Rules of Evidence do not apply at arbitration hearings. The resulting flexibility saves both time and witness fees. The average length of a hearing is thirty to sixty minutes, which is considerably shorter than a trial. All of the cases which fall into any of the following programs are arbitrated unless a formal motion has been granted removing the case from arbitration. If any party is not satisfied with the arbitrator's award, a trial de novo upon demand made within thirty days of the filing of the arbitration award and upon payment of $200.00. If the party demanding the trial de novo does not improve its position at trial by at least twenty percent, that party may be subject tomonetary sanctions, up to a total of $750.00 in attorney's fees and $500.00 in witness costs. If no trial de novo is requested, the case will be dismissed fifty days after the filing of the arbitration award unless either party moves for confirmation of the award , entry of judgment, or a consent order. Arbitrators are compensated by the state of New Jersey. Cases are screened and scheduled and parties are notified for arbitration by the arbitration staff.

Automobile Arbitration

All civil part tort actions arising out of the operation, ownership, maintenance or use of an automobile. Cases are heard Tuesday thru Friday. Thirty-eight cases are listed daily with two arbitrators.

Personal Injury Arbitration

All civil part personal injury actions not arising out of the operation, ownership, maintenance or use of an automobile. Cases are heard Tuesdays and Thursdays with eighteen cases heard each day.

Contract Arbitration

All civil part contract and commercial disputes. Cases are heard three Wednesdays per month with fifteen cases heard each session.

Small Claims Mediation

Small claims mediation is organized by the Judge assigned to the Special Civil Part and that Judge's law clerks. Individuals who have filed civil claims involving amounts of $3,000.00 or less will have their matter heard in Small Claims Court. After the calendar is called, each small claims matter must first be mediated by a law clerk or other judicial staff who have received extensive training in mediation techniques. During mediation, the mediator listens to each party and reviews any receipts or papers offered as proof. The mediator then attempts to assist the parties in reaching an agreement that is acceptable to the parties.

Special Civil Part Mediation

Special Civil Part mediation is organized by the Judge assigned to the Special Civil Part and that Judge's law clerks. Individuals who have filed civil claims involving amounts of $15,000.00 or less will have their matter heard in Special Civil Part Court. After the calendar is called, each Special Civil Part matter must first be mediated by a law clerk or other judicial staff who have received extensive training in mediation techniques. During mediation, the mediator listens to each party and reviews any receipts or papers offered as proof. The mediator then attempts to assist the parties in reaching an agreement that is acceptable to the parties.

Filing Papers

All documents to be filed must include a copy and a return address stamped envelope so that we can return a copy. If the document is being filed in person, enclose two copies- one to be stamped received at the time and a filed copy to be mailed back.

General Equity Division

The General Equity Division is part of the Chancery Division of the Superior Court. It has general jurisdiction in equity cases, which are cases which involve primarily non-monetary issues and actions. These cases are generally non-jury and involve matters like foreclosures, injunctions and specific performance. The General Equity Division is staffed by two judges. Further information can be obtained from the general equity law clerk at 732- 519-3586.

Definitions

Condemnation- action to force the sale of private property for a public purpose.

Contract- suit for alleged failure to perform that which was promised or agreed to.

Defendant- the person who is being sued by the plaintiff.

Foreclosure- termination of a right to a specific property.

Plaintiff- the person who brings a suit or seeks a remedy.

Tort- a civil wrong or injury done by a defendant to a plaintiff by a failure to comply with a legal duty which results in damage to the plaintiff. Tort cases include slip and fall, automobile accidents, medical malpractice, asbestos, toxic torts, breast implant, frt plywood, among others.

Legal Assistance

Lawyer Referral Service 732-828-0053

Legal Hotline 1-888-LSNJ LAW (toll free number) Legal referral and brief advice to low income people in civil matters subject to financial eligibility screening. Spanish speaking paralegals and attorneys available.

Legal Services 732-249-7600

Accommodations

If you or your client have any needs under the American with Disabilities Act, please contact:
Civil Part - Josephine Marchetta - 732-519-3687
Special Civil Part- Cheryl Williams- 732-519-3679



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