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RULE CHANGES SEPTEMBER 1, 2010

The Rules governing the Courts of the State of New Jersey go into effect on September 1, 2010.

While I couldn’t possibly recite all the changes here, I do want to update you on certain rules that we use all the time.

Rule 1:13-7 Dismissal of Civil Case for Lack of Prosecution

(c) The Order of Dismissal will enter 60 days from the date of the Notice unless one of the following actions is taken within said 60-day period”

1) a proof of service or acknowledgement of service is filed, if the required action not timely taken was failure to file proof of service or acknowledgement of service with the court.

2) an answer is filed or a default is requested, if the required action not timely taken was failure to file answer or enter default.

3) A default judgment is obtained, if the required action was not timely taken.

4) a motion is filed by or with respect to a defendant noticed for dismissal. If a motion to remove the defendant from the dismissal is denied, the defendant will be dismissed without further notice.

Rule 4:4-2 Summons

The Summons remains the same as to content except that it now shall advise the defendant that if he or she cannot afford an attorney, they may also communicate with the Legal Services of New Jersey statewide toll free hotline at 1-888-LSNJ-LAW )1-888-576-5529) Of course the list containing the county telephone numbers of the Legal Services offices and the Lawyers Referral Office serving each county shall be attached. The list shall be updated by the Administrative Office of the Courts. There is a sample Summons in Appendix XII-A of the Rules.

Rule 4:4-5 Service on Absent Defendants; In Rem or Quasi In Rem Jurisdiction

Please check this Rule as to changes in service.

Rule 4:4-7 Return

When service is made by certified or registered mail and simultaneously by regular mail, the return receipt card, or the printout of the electronic confirmation of delivery, which shall include an image of the recipient’s signature, provided by the US Postal Service, or the unclaimed registered of certified mail shall be filed as part of the proof. Failure to make proof of service does not affect the validity of service.

Rule 4:18-1 Production of Documents, Electronically Stored Information

Please check this rule as there are some changes with regard to Procedure for response.

Rule: 4:24-1 Extensions of Time

Check new requirements

Rule 4:59-1 Execution

Execution for real property may be made if personal property cannot be fund or is insufficient. Judgment creditor may now file a motion, on notice for an order permitting the sale of real property.

Rule 4:64-1 Procedure to Enter Judgment in Foreclosures other than In Rem

A. On motion for entry of judgment in foreclosure actions, the affidavit of amount due filed with the court must be annexed. If the premises are residential, notice must be served on all tenants, by personal service or certified mail, rrr accompanied by Tenant’s Rights during foreclosure. Form is in Appendix XII-K. The Notice of Tenant’s Rights shall be contained in an envelope with the following text in bold and in at least 14 point type. “Important Notice about Tenant’s Rights.” The Motion for Judgment, accompanied by proofs as required.

Rule 4:64-9 Motions in Uncontested Matters

Every notice of motion in a foreclosure action shall include the following language:

“IF YOU WANT TO OBJECT TO THIS MOTION YOU MUST DO SO IN WRITING WITHIN 10 DAYS AFTER THE DAY YOU RECEIVED THIS MOTION. ANY OBJECTION MUST ADDRESS THE SUBJECT OF THE MOTION AND DETAIL WITH SPECIFICITY THE BASIS OF YOUR OBJECTION. YOU MUST FILE YOUR OBJECTION WITH THE OFFICE OF FORECLOSURE, PO BOX 971, 25 MARKET ST.,TRENTON, NJ 08625 AND SERVE A COPY ON THE MOVING PARTY. THE OFFICE OF FORECLOSURE DOES NOT CONDUCT HEARINGS, YOUR PERSONAL APPEARANCE AT THE OFFICE WILL NOT QUALIFY AS AN OBJECTION. IF YOU FILE A SPECIFIC OBJECTION, THE CASE WILL BE SENT TO A JUDGE OF THE TIME AND PLACE OF THE HEARING ON THE MOTION.

Rule 4:65-2 Notice of Sale, Posting and Mailing

If the property to be sold is residential, the notice as recited above in 4:64-1 shall be annexed to the notice of the sale.

Rule 6:7-1 Request for Issuance of Writs of Execution and other Process

Please check this rule for changes in the Writ of Execution and Notice to the Debtor in (c). The Notice shall be in the form prescribed in Appendix VI to the rules.

Rule 8:3-2 Contents of Complaint

A case information statement shall be attached to the complaint.

Rule 8:3-4. Pleadings Allowed

Amount has been changed to $5,000.00. Check other changes

Rule 8:11 Small Claims Division: Practice and Procedure

See rule as to amounts

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