NJ PARALEGAL CONVENTION

LANDLORD v. TENANT HON. MAHLON L. FAST J.S.C. (RET.) BRUCE GUDIN, ESQ. NJ PARALEGAL CONVENTION NJ Paralegal Convention October 23, 2015

EVICTIONS IN NEW JERSEY by MAHLON L. FAST, J.S.C., Ret and of counsel to EHRLICH, PETRIELLO, GUDIN AND PLAZA, P.C. New Jersey has two statutory sections that provide the reasons (grounds) for which tenants may be evicted: N.J.S.A. 2A:18-61.1 applies to the majority of residential evictions; N.J.S.A. 2A:18-53 applies to residential evictions from owner-occupied two or three family dwellings (that is, an owner plus one or two residential tenants) and all non-residential tenants. The eviction laws in New Jersey are uniform throughout the State, and do not vary from County to County, although each municipality has the right to legislate additional requirements (i.e., protections for tenants - such as rent control ordinances.) New Jersey is very strict, especially about evicting residential tenants. That includes not renewing a residential tenant s lease; it is spoken of as virtually a lease for life. If a lease is not renewed for a certain period, then the tenancy becomes a tenancy from month-to-month (by virtue of statutory law), on the same terms as the last lease (subject to reasonable changes and increases in rent that are not unconscionable or in violation of a rent control or rent levelling ordinance if applicable.) New Jersey currently has 17 grounds (reasons, or what are called just cause ) which permit the eviction of residential tenants. (I am attaching a summary of those grounds, for your reference.) The law also provides defenses (sometimes called legal or equitable ) which a tenant may raise in an eviction action, including an anti-retaliation (sometimes called reprisal ) statute. It creates a presumption of retaliation if a tenant engages in certain specified activities. I am attaching a copy of the type of activities that protect tenants against a landlord's reprisal (sometimes called retaliation.) Some of the grounds for evicting a tenant require certain notices, except that if rent is not paid when due, no notice is required before a complaint may be filed for eviction. Likewise, if a tenant pays rent habitually late that tenant can be evicted after having been served with three required notices (two notices to cease and one notice to quit. ) Eviction actions in NJ are tried in the Special Civil Part of the Superior Court and are called summary proceedings because the tenant is not permitted to file an answer to the complaint, nor are they entitled to discovery. The stated object is to give a deserving landlord a speedy remedy. This is especially critical because the maximum security deposit that a landlord may hold in New Jersey is only 1½ times the monthly rent, and the trial date may be as long as 4-6 weeks after the eviction complaint has been filed (depending on the volume of cases in the respective county and the availability of judges) and that delay, for practical purposes in determining a landlord s potential loss, has to be added to the period for which the tenant has not paid the rent. Another time factor is that a defendant-tenant may apply to the eviction judge in the Special Civil Part to transfer the summary eviction action to a higher court (the Law Division ) where an answer to the complaint may be filed and the tenant may even file a counterclaim against the landlord and have discovery. There are several criteria for a transfer, including the complexity of the issues and the perceived need for discovery by the tenant. One more somewhat common time factor is when a tenant raises the defense of the implied covenant of habitability relating to a claimed deterioration of the property/apartment. (This is a somewhat common defense in New Jersey, normally called a Marini defense.) That defense normally adds to the time of disposition of the case. The bottom line to this point is that landlords have to do a thorough evaluation of a potential tenant s creditworthiness before entering into a lease agreement. But, to add to this complexity is that case law in New Jersey (based on statutory interpretation) prohibits a landlord from rejecting a potential tenant who may be subsidized by any lawful source of income if that is the sole basis for rejecting the potential tenant. If you manage any properties in which the complex or an individual tenant is subsidized, you have probably come across this problem.

SUMMARY OF GROUNDS (REASONS) FOR EVICTION OF RESIDENTIAL TENANTS ACCORDING TO NEW JERSEY LAWS (THIS IS A SUMMARY ONLY; A FULL EXPLANATION AND RELATED CONDITIONS MAY BE FOUND AT N.J.S.A. 2A:18-61.1) a. Failure to pay rent. b. Conduct that is so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood. c. Having willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises. d. Having substantially violated or breached any of the landlord's rules and regulations governing said premises. e. (1) Having continued to substantially violate or breach any of the covenants or agreements contained in the lease. (2) [Not relevant to this tenancy] f. Having failed to pay rent after a valid notice to quit and notice of increase of said rent. g. If the landlord or owner (1) seeks to permanently board up or demolish the premises because of substantial violations affecting the health and safety of tenants, (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations affecting the health and safety of tenants, (3) seeks to correct an illegal occupancy or (4) is a governmental agency. h. If the owner seeks to retire permanently the residential building from residential use. i. If the landlord or owner proposes reasonable changes of substance in the terms and conditions of the lease which the tenant refuses to accept. j. If the tenant has habitually and without legal justification failed to pay rent timely. k. If the landlord or owner of the building is converting from the rental market to a condominium, cooperative or fee simple ownership. l. (1) If the owner of a building which is constructed as or being converted to a condominium, cooperative or fee simple ownership and has contracted to sell the unit to a buyer who seeks to personally occupy it; (2) If the owner seeks to evict a tenant because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it. (3) If the owner seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it. m. If the landlord or owner conditioned the tenancy upon the tenant's employment by the landlord or owner and such employment is being terminated. n. If the person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent of an offense under the "Comprehensive Drug Reform Act of 1987." o. If the person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent for an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or knowingly harbors or harbored a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or

intermittently. p. If the person has been found liable in a civil action for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord, or under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 within or upon the leased premises or the building or complex of buildings and land in which those premises are located. q. If the person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or knowingly harbors therein a person who has been so convicted or has so pleaded. r. If the person is found in a civil action to have committed a violation of the human trafficking provisions set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) or knowingly harbors or harbored therein a person who has been engaged in human trafficking.

FORMAL NOTICE REQUIREMENTS FOR THE EVICTION OF TENANTS SUBJECT TO EVICTION FOR THE GROUNDS PROVIDED BY 2A:18-61.1. 2A:18-61.2 Removal of residential tenants; required notice; contents; service. No judgment of possession shall be entered for any premises covered by section 2 [N.J.S.A. 2A:18-61.1] of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises. The following notice shall be required: a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o., p., q., or r. of section 2, three days' notice prior to the institution of the action for possession; b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession; c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action; d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires; e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action; f. For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires; g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires; h. In public housing under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases. The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.

GROUNDS (REASONS) FOR EVICTION OF CERTAIN RESIDENTIAL AND ALL NON-RESIDENTIAL TENANTS ACCORDING TO NEW JERSEY STATUTE 2A:18-53 2A:18-53. Removal of tenant in certain cases; jurisdiction 2A:18-53. Except for residential lessees and tenants included in section 2 of this act [N.J.S.A. 2A:18-61.1], any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, undertenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases: a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. b. Where such person shall hold over after a default in the payment of rent, pursuant to the agreement under which the premises are held. c. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage or injure the premises, or (3) shall constantly violate the landlord's rules and regulations governing said premises, provided, such rules have been accepted in writing by the tenant or are made a part of the lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within three days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years.

FORMAL NOTICE REQUIREMENTS FOR THE EVICTION OF TENANTS SUBJECT TO EVICTION FOR THE GROUNDS PROVIDED BY 2A:18-53. 2A:18-56 Proof of notice to quit prerequisite to judgment No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.

REPRISAL/RETALIATION 2A:42-10.10. Reprisal as unlawful grounds for civil action for re-entry; action for damages or other appropriate relief by tenant No landlord of premises or units to which this act is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of premises, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise: a. As a reprisal for the tenant's efforts to secure or enforce any rights under the lease or contract, or under the laws of the State of New Jersey or its governmental subdivisions, or of the United States; or b. As a reprisal for the tenant's good faith complaint to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes; or c. As a reprisal for the tenant's being an organizer of, a member of, or involved in any activities of, any lawful organization; or d. On account of the tenant's failure or refusal to comply with the terms of the tenancy as altered by the landlord, if the landlord shall have altered substantially the terms of the tenancy as a reprisal for any actions of the tenant set forth in subsection a, b, and c of section 1 of this act. Substantial alteration shall include the refusal to renew a lease or to continue a tenancy of the tenant without cause. Under subsection b of this section the tenant shall originally bring his good faith complaint to the attention of the landlord or his agent and give the landlord a reasonable time to correct the violation before complaining to a governmental authority. A landlord shall be subject to a civil action by the tenant for damages and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in every case in which the landlord has violated the provisions of this section. 2A:42-10.12. Rebuttable presumption; notice to quit or alteration of tenancy as reprisal In any action or proceeding instituted by or against a tenant, the receipt by the tenant of a notice to quit or any substantial alteration of the terms of the tenancy without cause after: a. The tenant attempts to secure or enforce any rights under the lease or contract, or under the laws of the State of New Jersey, or its governmental subdivisions, or of the United States; or b. The tenant, having brought a good faith complaint to the attention of the landlord and having given him a reasonable time to correct the alleged violation, complains to a governmental authority with a report of the landlord's alleged violation of any health or safety law, regulation, code or ordinance; or c. The tenant organizes, becomes a member of, or becomes involved in any activities of, any lawful organization; or d. Judgment under section 2 of this act is entered for the tenant in a previous action for recovery of premises between the parties; shall create a rebuttable presumption that such notice or alteration is a reprisal against the tenant for making such attempt, report, complaint, or for being an organizer of, a member of, or involved in any activities of, any lawful organization. No reprisal shall be presumed under this section based upon the failure of a landlord to renew a lease or tenancy when so requested by a tenant if such request is made sooner than 90 days before the expiration date of the lease or tenancy, or the renewal date set forth in the lease agreement, whichever later occurs.

APPLICABLE TO LANDLORD/TENANT EVICTIONS: Evictions relates only to bona fide (good faith) landlord/tenant relations. The eviction of one who is using another s property but is not a tenant (i.e., is using the property without permission) is by ejectment. An ejectment action may also be commenced in the Special Civil Part as a summary action for possession according to Rule 6:1-2(a)(4). A. RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY: The rules are divided into 8 parts ; those relevant to this subject are: PART I - Rules of General Application These rules apply to all parts and divisions of the New Jersey court system PART II - Rules of Governing Practice in the Supreme Court and Appellate Division of the Superior Court These rules relate to appeals whether to the next level (the Appellate Division ) or to the New Jersey Supreme Court PART IV - Rules Governing Civil Practice in the Superior Court These rules apply to the Law Division (and in some instances, to the Chancery Division); some of these rules also are carried forward to the Special Civil Part PART VI - Rules Governing Practice in the Law Division, Special Civil Part PART I RULES: 1:1-2. Construction and Relaxation; References to Marriage, Spouse and Related Terms (a) The rules in Part I through Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed with by the court in which the action is pending if adherence to it would result in an injustice. In the absence of rule, the court may proceed in any manner compatible with these purposes and, in civil cases, consistent with the case management/trial management guidelines set forth in Appendix XX of these rules. RULE 1:04. Form And Execution Of Papers 1:4-1. Caption: Name and Addresses of Party and Attorney; Format (a) Caption. Every paper to be filed shall contain a caption setting forth the name, division and part thereof, if any, of the court, the county in which the venue in a Superior Court action is laid, the title of the action, the docket number except in the case of a complaint, the designation "Civil Action" or "Criminal Action", as appropriate, and a designation such as "complaint", "order", or the like. In a complaint in a civil action, the title of the action shall include the names of all the parties, but in other papers it need state only the name of the first party on each side with an appropriate indication that there are other parties. Except as otherwise provided by R. 5:4-2(a), the first pleading of any party shall state the party's residence address, or, if not a natural person, the address of its principal place of business. (b) Format; Addresses. At the top of the first page of each paper filed, a blank space of approximately 3 inches shall be reserved for notations of receipt and filing by the clerk. Above the caption at the lefthand margin of the first sheet of every paper to be filed there shall be printed or typed the name and the New Jersey attorney identification number of the attorney filing the paper, office address and telephone number or, if a party is appearing pro se, the name of such party, residence address and telephone number. No paper shall bear an attorney's post office box number in lieu of a street address. An attorney or pro se party shall advise the court and all other parties of a change of address or telephone number if such occurs during the pendency of an action. 1:4-2. Paragraphs Allegations of claim or defense in a civil action shall be made in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A paragraph may be referred to by number in the same or succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matter. 1:4-3. Adoption by Reference; Exhibits Statements in a pleading and exhibits to a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of a document which is an exhibit to a pleading is a part thereof.

1:4-4. Affidavits (a) Form. Every affidavit shall run in the first person and be divided into numbered paragraphs as in pleadings. The caption shall include a designation of the particular proceeding the affidavit supports or opposes and the original date, if any, fixed for hearing. Ex parte affidavits may be taken outside the State by a person authorized to take depositions under R. 4:12-2 and R. 4:12-3. (b) Certification in Lieu of Oath. In lieu of the affidavit, oath, or verification required by these rules, the affiant may submit the following certification, which shall be dated and immediately precede the affiant's signature: I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. (c) Requirement for Original Signature. Every affidavit or certification shall be filed with an original signature, except that a copy of an affidavit or certification may be filed instead, provided that the affiant signs a document that is sent by facsimile or in Portable Document Format (PDF), or similar format, by the affiant and provided that the attorney or party filing the copy of the affidavit or certification files the original document if requested by the court or a party. 1:4-5. Signing and Dating of Pleadings; Motions Pleadings (other than indictments), motions and briefs shall be signed by the attorney of record or the attorney's associate or by a pro se party. Signatures of a firm may be typed, followed by the signature of an attorney of the firm. Signatures on any duplicate original or carbon copy required to be filed may be typed. Every paper to be filed shall bear the date on which it was signed. 1:4-6. Typewritten Names Names shall be typed or stamped beneath all signatures on papers to be filed or served. 1:4-7. Verification of Pleadings Pleadings need not be verified unless ex parte relief is sought thereon or a rule or statute otherwise provides. The verification shall not repeat the allegations of the pleadings but may incorporate them by reference if made on personal knowledge and so stated, and the allegations are of facts admissible in evidence to which the affiant is competent to testify. RULE 1:5. Service And Filing Of Papers 1:5-1. Service: When Required (a) Civil Actions. In all civil actions, unless otherwise provided by rule or court order, orders, judgments, pleadings subsequent to the original complaint, written motions (not made ex parte), briefs, appendices, petitions and other papers except a judgment signed by the clerk shall be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear except that pleadings asserting new or additional claims for relief against such parties in default shall be served upon them in the manner provided for service of original process. The party obtaining an order or judgment shall serve it as herein prescribed within 7 days after the date it was signed unless the court otherwise orders therein. 1:5-2. Manner of Service 1:5-3. Proof of Service Proof of service of every paper referred to in R. 1:5-1 may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the affidavit or certification shall state that the mailing was to the last known address of the person served. A proof of service made by affidavit or certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required. Failure to make proof of service does not affect the validity of the service, and the court at any time may allow the proof to be amended or supplied unless an injustice would result. 1:5-4. Service by Mail or Courier: When Complete (a) Service by Ordinary Mail if Registered or Certified Mail Is Required and Is Refused.(b) Service Complete on Mailing. (c) Service by Commercial Courier. Service by a commercial courier of a paper referred to in R. 1:5-1, except for motions, which are governed by R. 1:6-3, shall be complete upon the courier's receipt of the paper from the sender, provided the courier's regular business is delivery service, and provided further

that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender. 1:5-5. Service; Numerous Defendants 1:5-6. Filing (a) Time for Filing. (b) What Constitutes Filing With the Court. (c) Nonconforming Papers. (d) Misfiled Papers. (e) Attorneys Answerable for Clerk's Fees. 1:5-7. Non-Military Affidavit Before entry of judgment by default, an affidavit shall be filed as required by law setting forth facts showing that the defendant is not in military service. Unless based on facts admissible in evidence, the affidavit shall have attached to it a statement from the Department of Defense or from each branch of the armed forces that the defendant is not in the military service. If the plaintiff is unable to determine whether the defendant is in military service, the affidavit shall so state, and the court, before entering judgment, may require the plaintiff to post a bond in an amount approved by the court to indemnify the defendant, if later found to have been in military service, against any loss or damage resulting from the judgment should it be set aside. The bond shall remain in effect until expiration of the time for appeal and setting aside of the judgment. RULE 1:21. Practice Of Law 1:21-1. Who May Practice; Appearance in Court (a) Qualifications. Except as provided below, no person shall practice law in this State unless that person is an attorney holding a plenary license to practice in this State, is in good standing, and complies with the following requirements: A person not qualifying to practice pursuant to the first paragraph of this rule shall nonetheless be permitted to appear and prosecute or defend an action in any court of this State if the person (1) is a real party in interest to the action or the guardian of the party; or (2) has been admitted to speak pro hac vice pursuant to R. 1:21-2; (3) is a law student or law graduate practicing within the limits of R. 1:21-3; or (4) is an in-house counsel licensed and practicing within the limitations of R. 1:27-2. (c) Prohibition on Entities.Except as otherwise provided by paragraph R. 6:10 (appearances in landlord-tenant actions), R. 6:11 (appearances in small claims actions), an entity, however formed and for whatever purpose, other than a sole proprietorship shall neither appear nor file any paper in any action in any court of this State except through an attorney authorized to practice in this State. (e) Legal Assistance Organizations. 1:21-3. Appearance by Law Graduates and Students; Special Permission for Out-of-State Attorneys (a) Appearance Prior to Passing Bar Examination. Appearance Prior to Passing Bar Examination. A graduate of a law school approved by the American Bar Association may, before passing the bar examination, appear in any court for the purpose of answering the calendar call in an action in which the attorney or firm employing the graduate is the attorney of record. (b) Appearance by Law Students and Graduates. Appearance by Law Students and Graduates. A third year law student at, or graduate of, a law school approved by the American Bar Association may appear before a trial court or agency in conjunction with a legal services or public interest organization or law school clinical or pro bono program certified under R. 1:21-11(b)(1) or (b)(3), or an agency of municipal, county or state government certified under 1:21-11(b)(3). Permission to appear pursuant to this paragraph by a law graduate who has not passed the New Jersey bar examination shall terminate upon the graduate s failure to pass the bar examination for the third time, or after two years of employment following graduation, whichever is sooner. RULE 4:1. Scope Of Rules The rules in Part IV, insofar as applicable, govern the practice and procedure of civil actions in the Superior Court, except as otherwise provided in Part VI 4:2-2. Commencement of Action

A civil action is commenced by filing a complaint with the court. RULE 4:3. Divisions; Venue; Transfer Of Actions 4:3-1. Divisions of Court; Commencement and Transfer of Actions (a) Where Instituted. (1) Chancery Division-General Equity. (2) Chancery Division-Probate Part. (3) Chancery Division-Family Part. (4) Law Division. All actions in the Superior Court except those encompassed by subparagraphs (1), (2) and (3) hereof shall be brought in the Law Division or Law Division, Special Civil Part. (b) Transfer Between Law and Chancery Division. 4:3-2. Venue in the Superior Court (a) Where Laid. Venue shall be laid by the plaintiff in Superior Court actions as follows: (1) actions affecting title to real property or a possessory or other interest therein, or for damages thereto, or appeals from assessments for improvements, in the county in which any affected property is situate; (3) except as otherwise provided by R. R. 6:1-3 (Special Civil Part actions), the venue in all other actions in the Superior Court shall be laid in the county in which the cause of action arose, or in which any party to the action resides at the time of its commencement, or in which the summons was served on a nonresident defendant; (b) Corporate Parties. For purposes of this rule, a corporation shall be deemed to reside in the county in which its registered office is located or in any county in which it is actually doing business. 4:3-3. Change of Venue in the Superior Court 4:3-4. Transfer and Removal of Actions (c) Transfers between the Law Division and Law Division, Special Civil Part shall be governed by R. 6:4-1. RULE 4:5. General Rules Of Pleading 4:5-1. General Requirements for Pleadings (a) Pleadings Allowed. (b) Requirements for First Pleadings. (1) Case Information Statement. A Case Information Statement in the form prescribed by Appendix XII-B(1) (Civil Actions General) shall be annexed as a cover sheet to each party's first pleading in all civil actions except (2) Notice of Other Actions and Potentially Liable Persons. (3) Certification of Compliance with Rule 1:38-7(c). The first filed pleading of any party in an action in the in the Law Division, Special Civil Part shall include a certification of compliance as required in R. 1:38-7(c) that states, "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)." (c) Designation of Trial Counsel. Designation of trial counsel may be made in the party's first pleading. If trial counsel is not designated in the pleading, designation shall be made as required in R. 4:25-4. 4:5-2. Claim for Relief Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement. Relief in the alternative or of several different types may be demanded. If unliquidated money damages are claimed in any court, other than the Special Civil Part, the pleading shall demand damages generally without specifying the amount. If a pleading filed in the Special Civil Part states a demand in excess of the amount cognizable in that court, said pleading shall be filed by the clerk for the full cognizable amount and any amount in excess thereof shall be deemed waived unless the action is transferred pursuant to R. 6:4-1. The clerk of the Special Civil Part shall, in any pleading filed that does not set forth a cognizable amount, consider the demand to be for the maximum amount and the maximum filing fee shall be charged. 4:5-3. Answer; Defenses; Form of Denials. 4:5-4. Affirmative Defenses; Misdesignation of Defense and Counterclaim 4:5-5. Effect of Failure to Deny 4:5-6. Consistency 4:5-7. Pleadings to Be Concise and Direct; Construction

Each allegation of a pleading shall be simple, concise and direct, and no technical forms of pleading are required. All pleadings shall be liberally construed in the interest of justice. RULE 4:26. Parties Plaintiff And Defendant 4:26-1. Real Party in Interest Every action may be prosecuted in the name of the real party in interest; but an executor, administrator, guardian of a person or property, trustee of an express trust or a party with whom or in whose name a contract has been made for the benefit of another may sue in the fiduciary's own name without joining the person for whose benefit the suit is brought. A trustee of an express trust may be sued without joining the beneficiaries of the trust unless it shall affirmatively appear in the action that a conflict of interest exists between the trustee and the beneficiaries. 4:26-2. Minor or Mentally Incapacitated Person (a) Representation by Guardian. (b) Appointment of Guardian Ad Litem (c) Allowance of Fees 4:26-4. Fictitious Names; In Personam Actions 4:26-5. Unknown Defendants: In Rem Actions (a) Applicability. R. 4:26-5 applies only to actions governed by R. 4:4-5 (actions affecting specific property or a res). (b) Description of Unknown Defendants (c) Designation of Unknown Owner or Claimant (d) Other Designations (e) Effect of Designation. The person or persons designated as set forth in R. 4:26-5 shall be deemed as a party defendant to the action and as sufficiently described for all purposes, including service of process. 4:26-6. Initials or Contractions of First Name or Names; Effect on Filing of Complaints; Entry of Judgment; Notice or Certificate of Indebtedness RULE 4:27. Joinder Of Claims And Remedies 4:27-1. Joinder of Claims Subject to R. 4:30A (entire controversy doctrine), the plaintiff in the complaint or in an answer to a counterclaim denominated as such and the defendant in an answer setting forth a counterclaim may join, either as independent or as alternate claims, as many claims, either legal or equitable or both, as he or she may have against an opposing party. There may be a like joinder of claims when there are multiple parties if the requirements of R. 4:28 (joinder of parties), R. 4:29 (joinder of multiple parties), and R. 4:31 (interpleader) are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of R. 4:7 (counterclaim and crossclaim) and R. 4:8 (third-party practice) respectively are satisfied. 4:27-2. Joinder of Remedies; Fraudulent Conveyances Except as provided by N.J.S. 2A:50-2 and 2A:50-22 (debt secured by mortgage) and except as otherwise provided by R. 4:7-5 (mandatory crossclaims), if a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, then the 2 claims may be joined in a single action, but the court shall grant relief therein only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to plaintiff, without first having obtained a judgment establishing the claim for money. RULE 4:28. Joinder Of Parties 4:28-1. Joinder of Persons Needed for Just Adjudication (a) Persons to Be Joined if Feasible. A person who is subject to service of process shall be joined as a party to the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest in the subject of the action and is so situated that the disposition of the action in the person's absence may either (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or other inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant.

(b) Disposition by Court if Joinder Not Feasible (c) Pleading as to Non-joinder (d) Party Refusing to Join as Plaintiff. If a party who should be a plaintiff is joined in the complaint as a defendant, it shall state the reason therefor. (e) Applicability; Exceptions. This rule is applicable to the personal representatives of a deceased person described by R. 4:28-1(a). This rule is, furthermore, subject to the provisions of R. 4:32 (class actions). 4:28-2. Claims by or Against Fiduciaries Claims by or against any fiduciary, as such, may be joined without leave of court with claims by or against the fiduciary personally in respect of or arising out of the fiduciaryship, and may, with leave of court, be joined with any other claims by or against the fiduciary personally. RULE 4:30A. Entire Controversy Doctrine Non-joinder of claims required to be joined by the entire controversy doctrine shall result in the preclusion of the omitted claims to the extent required by the entire controversy doctrine, except as otherwise provided by R. 4:64-5 (foreclosure actions) and R. 4:67-4(a) (leave required for counterclaims or cross-claims in summary actions). RULE 4:34. Substitution Of Parties 4:34-1. Death (a) Party Survivors. In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be noted upon the record and the action shall proceed in favor of or against the surviving parties. (b) Non-party Survivors. If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and notice thereof shall be served on parties as provided by R. 1:5-2 and on persons not parties in the manner provided by either R. 4:4 (service of original process) or, if the court directs, R. 4:67-3 (service of orders to show cause). 4:34-2. Mental Incapacity If a party becomes mentally incapacitated, the court upon motion served as provided in R. 4:34-1(b) may allow the action to be continued by or against the party's guardian or guardian ad litem. 4:34-3. Transfer of Interest In case of any transfer of interest, the action may be continued by or against the original party, unless the court on motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in R. 4:34-1(b). 4:37-4. Costs of Previously Dismissed Action If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court, on motion of said defendant made before service of the answer, may make such order for the payment of costs of the action previously dismissed as it deems appropriate and may stay the proceedings in the action until the plaintiff has complied therewith. RULE 4:43. Default 4:43-1. Entry of Default 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. [NOTE: THIS IS CUSTOMARILY DONE AT THE CALENDAR CALL; NO FORMAL REQUEST IS NEEDED.] After a default has been entered in accordance with R. 4:43-1, except as otherwise provided by R. 4:64 (foreclosures), but not simultaneously therewith, a final judgment may be entered in the action as follows: (a) By the Clerk.... (b) By the Court... (c) Conformance of Judgment With Pleading; Service of Judgment. Whether entered by the clerk or the court, the final judgment shall not be different in kind nor exceed the amount demanded in the pleading, except that in continuing causes, installments coming due after the filing of the pleading but

before entry of judgment may be added to the amount of the demand stated in the pleading. Within seven days after receipt of the executed judgment from the court, the proponent of the judgment shall serve a copy thereof on the defaulting defendant as required by R. 1:5-2 except that service may be made by ordinary mail alone. (d) Failure to Apply for Judgment Within Four Months. If a party entitled to a judgment by default fails to apply therefor within four months after the entry of the default, the court shall issue a written notice in accordance with R. 1:13-7(a). 4:43-3. Setting Aside Default... For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 4:50. RULE 4:50. Relief From Judgment Or Order 4:50-1. Grounds of Motion On motion, with briefs, and upon such terms as are just, 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; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order. The motion shall be made within a reasonable time, and for reasons (a), (b) and (c) of R. 4:50-1 not more than one year after the judgment, order or proceeding was entered or taken. 4:50-3. Effect of Motion A motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment, nor does this rule limit the power of a court to set aside a judgment, order or proceeding for fraud upon the court or to entertain an independent action to relieve a party from a judgment, order or proceeding. RULE 4:57. Deposits In Court; Deposits In Lieu Of Bond; Withdrawals 4:57-1. Deposit in Court In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money, a party, on notice to every other party, and by leave of court, may deposit with the Superior Court Trust Fund all or any part of the sum.... 4:57-2. Procedure for Deposit and Withdrawal of Moneys... 4:57-5. Notice of Withdrawals; Order If application is made for the withdrawal of moneys deposited in court where the court has not adjudicated the amount due the applicant, the proceeding shall be by affidavit entitled in the action. Notice of the application shall be given to all parties in interest, including the person who paid the funds into the court and, except deposits for costs, deposits in interpleader actions, or deposits in a matter to abide the final or other judgment therein, and except as otherwise provided by R. 4:64-3 (surplus moneys in foreclosure actions), to the Director of the Division of Taxation, Department of the Treasury. Withdrawal shall be made only by order of the court in accordance with R. 4:57-2. RULE 4:59. Process To Enforce Judgments 4:59-1. Execution 4:59-2. Judgment for Specific Acts; Writ of Possession (a) Judgment for Specific Acts... (b) Order and Writ of Possession. Where a party by virtue of any judgment or order, or any writ, sale or proceeding thereunder, claims possession of property, but the judgment or order does not provide therefor, the court on motion may make an order for the possession, provided notice of the motion is given to the person in possession and proof is made that such person has failed to deliver possession 10 days after a written demand. If an order or judgment is for the possession of real or personal property, the party in whose favor it is entered is, on application to the clerk, entitled as of course to a writ of

possession directed to the sheriff, which may include an execution for costs. 4:59-3. Process in Behalf of and Against Persons Not Parties An order made in favor of a person who is not a party to the action may be enforced by the same process as in the case of a party and, if obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as a party. RULE 4:67. Summary Actions 4:67-1. Applicability This rule is applicable (a) to all actions in which the court is permitted by rule or by statute to proceed in a summary manner,... 4:67-2. Complaint; Order to Show Cause; Motion (a) Order to Show Cause. If the action is brought in a summary manner pursuant to R. 4:67-1(a), the complaint, verified by affidavit made pursuant to R. 1:6-6, may be presented to the court ex parte and service shall be made pursuant to R. 4:52-1(b), except that if the action is pending in the Law Division of the Superior Court, it shall be presented to the Assignment Judge or to such other judge as the Assignment Judge designates.... The court, if satisfied with the sufficiency of the application, shall order the defendant to show cause why final judgment should not be rendered for the relief sought. No temporary restraints or other interim relief shall be granted in the order unless the defendant has either been given notice of the action or consents thereto or it appears from the specific facts shown by affidavit or verified complaint that immediate and irreparable damage will result to the plaintiff before notice can be served or informally given. The order shall be so framed as to notify the defendant fully of the terms of the judgment sought, and subject to the provisions of R. 4:52, it may embody such interim restraint and other appropriate intermediate relief as may be necessary to prevent immediate and irreparable damage. The order to show cause may be in the form set forth in Appendix XII-F through XII-H to the extent applicable. (b) Motion for Order to Proceed Summarily.... 4:67-3. Service of Order to Show Cause If the order to show cause issues ex parte pursuant to R. 4:67-1(a), no summons shall issue unless the court otherwise orders. Process shall be a copy of the order to show cause, certified by the plaintiff's attorney to be a true copy. The order to show cause, together with a copy of the complaint and affidavits similarly certified, shall be served within this State at least ten days before the return day and in the manner prescribed by R. 4:4-3 and R. 4:4 for the service of a summons, unless the court orders shorter or longer service or some other manner of service.... 4:67-4. Answers; Objections; Demand for Jury Trial (a) Ex Parte Order to Show Cause. If the order to show cause is issued ex parte pursuant to R. 4:67-1(a), the defendant shall, not later than 3 days before the return date, or within such further time as the court may allow, serve and file either an answer, an answering affidavit, or a motion returnable on the return day; in default thereof, the action may proceed ex parte. No counterclaim or cross-claim shall be asserted without leave of court. (b) Motion for Order to Proceed Summarily.... 4:67-5. Hearing; Judgment; Briefs The court shall try the action on the return day, or on such short day as it fixes. If no objection is made by any party, or the defendants have defaulted in the action, or the affidavits show palpably that there is no genuine issue as to any material fact, the court may try the action on the pleadings and affidavits, and render final judgment thereon. If any party objects to such a trial and there may be a genuine issue as to a material fact, the court shall hear the evidence as to those matters which may be genuinely in issue, and render final judgment. At the hearing or on motion at any stage of the action, the court for good cause shown may order the action to proceed as in a plenary action wherein a summons has been issued, in which case the defendant, if not already having done so, shall file an answer to the complaint within 35 days after the date of the order or within such other time as the court therein directs. In contested actions briefs shall be submitted. RULE 6:1. SCOPE, COGNIZABILITY AND VENUE 6:1-1. Scope and Applicability of Rules The rules in Part VI govern the practice and procedure in the SPECIAL CIVIL PART, heretofore established within and by this rule continued in the Law Division of the Superior Court. (a) Jurisdictional References....