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Civil - Law
How to File a Motion
Updated August 2022
How to File a Motion
(Superior Court of New Jersey - Law Division – Civil Part)
Who Should Use This Packet?
You should use this packet if you want to ask the judge for a specific ruling or order during the
course of your lawsuit. Any party to a case may bring a motion. The person bringing the motion
is called the moving party. Examples of motions include:
• Motion to dismiss the complaint
• Motion for entry of default
• Motion to vacate a default judgment
• Motion for summary judgment
• Motion to strike an answer for failure to answer interrogatories
• Motion to compel discovery.
Caution: Some Civil Part cases are very complex, and you should consider getting a
lawyer. See information on page 2 titled “Try to Get a Lawyer.”
Note: These materials have been prepared by the New Jersey Administrative Office of the
Courts for use by self-represented litigants. The guides, instructions, and forms will be
periodically updated as necessary to reflect current New Jersey statutes and court rules. The
most recent version of the forms will be available at the county courthouse or on the
Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content
of your court papers. With limited exceptions, any paper filed with the court can be looked at
by the public.
Completed forms are to be submitted to the county where you are filing your case. A list
of Superior Court Offices is provided at the customer counter or at njcourts.gov.
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How to File a Motion - Law Division - Civil Part
Things to Think About Before You Represent Yourself in Court
Try to Get a Lawyer
The court system can be confusing, and it is a good idea to get a lawyer if you can. The law, the
proofs necessary to present your case, and the procedural rules governing cases in the Law
Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be
at stake, most litigants appearing in the Law Division, Civil Part have a lawyer. If you are
being sued please contact your insurance company to see if it might provide a lawyer for you.
Most likely your opponent will be represented by a lawyer. It is recommended that you make
every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact
the legal services program in your county to see if you qualify for free legal services. Their
telephone number can be found online under “Legal Aid” or “Legal Services.”
If you do not qualify for free legal services and need help in locating an attorney, you can
contact the bar association in your county. Most county bar associations have a Lawyer
Referral Service. The County Bar Lawyer Referral Service can supply you with the names of
attorneys in your area willing to handle your particular type of case and will sometimes consult
with you at a reduced fee.
There are also a variety of organizations of minority lawyers throughout New Jersey, as well as
organizations of lawyers who handle specialized types of cases. Ask your county court staff for
a list of lawyer referral services that include these organizations.
If you decide to proceed without an attorney, these materials explain the procedures that must
be followed to have your papers properly filed and considered by the court. These materials do
not provide information on the law governing your claims or defenses; information on how to
conduct pretrial discovery; information on alternative dispute resolution procedures, such as
arbitration or mediation, that may be available or required in your case; information on the
kinds of evidence you need to prove your claims or defenses at trial; or information on other
procedural and evidentiary rules governing civil lawsuits.
What You Should Expect If You Represent Yourself
While you have the right to represent yourself in court, you should not expect special treatment,
help, or attention from the court. The following is a list of some things the court staff can and
cannot do for you. Please read it carefully before asking the court staff for help.
• We can explain and answer questions about how the court works.
• We can tell you what the requirements are to have your case considered by the court.
• We can give you some information from your case file.
• We can provide you with samples of court forms that are available.
• We can provide you with guidance on how to fill out forms.
• We can usually answer questions about court deadlines.
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How to File a Motion - Law Division - Civil Part
• We cannot give you legal advice. Only your lawyer can give you legal advice.
• We cannot tell you whether or not you should bring your case to court.
• We cannot give you an opinion about what will happen if you bring your case to court.
• We cannot recommend a lawyer, but we can provide you with the telephone number of a
local lawyer referral service.
• We cannot talk to the judge for you about what will happen in your case.
• We cannot let you talk to the judge outside of court.
• We cannot change an order issued by a judge.
Keep Copies of All Papers
Make and keep copies of all completed forms and documents related to your case.
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Definitions of Words Used in This Packet
Adversary – Your adversary in a lawsuit is the person or persons whose position is opposite
to you. In a case in which there is only a plaintiff and a defendant, and you are the plaintiff,
your adversary is the defendant. Likewise, if you are the defendant, your adversary is the
plaintiff. In this packet, service on your adversary means service on the attorney(s)
representing your adversary or adversaries and/or on any party(ies) not represented by
counsel.
Brief - A brief is a written argument submitted to the court in which you present the facts and
the history of your case and the legal argument supporting the request you have made to the
court in your motion.
Calendar motion - A calendar motion asks the court for a ruling related to the scheduling or
timing of your case, such as a motion for more time to file papers. Before filing a calendar
motion, the moving party must try to resolve the matter with the other party(ies) in the case.
Certification - A certification is a written statement you make when you file your papers
with the court in which you state that all the information contained in the papers is true to the
best of your knowledge.
Discovery End Date - The discovery end date is the date assigned by the court by which
discovery in your case must be completed.
Discovery Motion - A discovery motion asks the court for a ruling on some phase of the
discovery process such as a motion for more specific answers to interrogatories, a motion to
compel depositions. Before filing a discovery motion, the moving party must try to resolve
the matter with the other party in the case.
Docket Number - The docket number is the number the court assigns to your case so that it
may be identified and located easily. Once you have a docket number, you must include it on
all your communications with the court.
Motion - A motion is an application to the court for a specific order or ruling to be made in
favor of the person making the motion (the movant).
Motion Day - Courts hear motions on specified days (usually Fridays) on the court calendar
called motion days. A schedule of the court’s motion days can be obtained from the court
staff or on Internet at the Judiciary’s website at njcourts.gov.
Movant or moving party - The movant or moving party is the person who is bringing the
motion.
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Definitions of Words Used in This Packet (continued)
Notice of Motion - A notice of motion is the form used to inform the court and all opposing
parties that the moving party is seeking a specific ruling or order from the court.
Oral argument - Oral argument refers to the appearance in court by the parties to present
their positions to the judge in person. Either side may request oral argument, but the decision
on whether there will be oral argument is up to the judge. If oral argument is not requested by
either of the parties or the judge, the motion will be decided “on the papers.”
Pro Se - Pro se means by oneself. A pro se litigant represents him or herself in court without
the aid of counsel.
Proof of Mailing - Proof of mailing is the form in which you provide the dates and the
method you used to give the other parties copies of the papers that you filed in court.
Proposed Form of Order - A proposed order is a form that the judge can use to either grant
or deny the relief sought in the motion. Every motion must be accompanied by a proposed
form of order.
Return date - The return date is the date on which the court will consider the motion. If you
request oral argument, you must appear before the judge. If no oral argument is requested,
the matter will be decided “on the papers.” That is, the judge will decide the motion on what
has been submitted in the moving papers and in the opposition papers, without having anyone
appear in court.
Summary judgment - A motion for summary judgment asks the court to resolve the case in
the moving party’s favor without a trial because there is no dispute over the facts of the case
and the law supports the moving party’s position.
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The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each
form should be typed or printed clearly on 8.5” x 11” white paper only. Forms may not be filed on a different
size or color paper.
Steps for Filing a Complaint
Note: Before you file a calendar or discovery motion, you must contact your
adversary’s attorney or the pro se party to attempt to resolve the matter. The
Certification Regarding Attempts to Resolve tells the court that you have personally
conferred with the attorney or pro se party and were unsuccessful in resolving the issue
OR that you made a good faith but unsuccessful effort to contact your adversary and
detail the steps you took to establish contact OR that you have notified your adversary in
writing that unless the discovery requests have been complied with you will file a motion.
STEP 1: Complete the Notice of Motion and the Certification Regarding Attempts to
Resolve (Form A)
In the Notice of Motion, you inform the court and all parties that you have asked for a specific
ruling or order, and you specify the type of ruling you want. Motions are heard in court on
specified days. You should obtain the motion schedule either from the clerk’s office or online
from the judiciary website at njcourts.gov.
You should pick a motion day at least 3 weeks from the date you mail your motion papers in
order to give your adversary the 16 days before the return date as required by the court rules.
Note: If you are filing a motion for summary judgment, you must file it no later than 28
days before the time specified for the return date.
You must indicate whether you want to waive oral argument and let the judge decide the motion
on the papers or not. You can ask the court for oral argument only if your adversary opposes
the motion or you can ask for oral argument on your own. If you request oral argument, you
must tell the court why you think it is necessary.
Note: The judge makes the decision on whether there should be oral argument. The judge
may request it even if neither party asked for it. Similarly, the judge may deny the
request for oral argument.
If you have received notification of the date by which discovery should be completed in your
case, you must indicate that date in the space provided. If a date has not been assigned, you
must check the statement that indicates that no date has been assigned.
You must also indicate on the Notice of Motion any dates that have been set by the court for
conferences, arbitration, or trial. For discovery and calendar motions, you must complete the
Certification Regarding Attempts to Resolve to inform the court what efforts you have made to
contact your adversary to resolve the issue in the two-week period immediately before filing the
motion.
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NOTE: If this is the first paper you are filing in this case, (i.e., you have not already filed an
answer to the complaint), you must certify that you have redacted (blacked out) any personal
identifiers (Social Security numbers, driver’s license numbers, vehicle plate numbers, insurance
policy numbers, active financial account numbers, active credit card numbers, or information as
to an individual’s military status) from any paper filed with the court, unless any such personal
identifier is required to be included by statute, rule, administrative directive or court order. If an
active financial account is the subject of your case and cannot otherwise be identified, you may
use the last four digits of the account to identify it.
Do not redact (black out) this information in the original papers that you are keeping
(such as a police accident report) since you may have to show them to the court at some
point.
STEP 2: Complete the Certification in Support of the Motion and the Certification of
Service (Form B)
The Certification in Support of the Motion tells the court the reasons why you want the ruling
you have requested and the reasons why the court should grant your request. You must also
complete the Certification of Service which tells the court the date on which you mailed the
copies of the documents to your adversary.
STEP 3: Complete the Proposed Form of Order (Form C)
Fill in the information up to the line for the date of the order. Leave that and the rest of the
form blank. The terms of the Order will be completed by the judge when the motion is decided.
If you are filing a motion for summary judgment, you must also include a legal brief in
which you state the facts of your case and the law that supports your position.
STEP 4: Attach the filing fee.
The fee for filing a motion in Superior Court is $50.00. Write a check in that amount payable to
the Treasurer, State of New Jersey or, if filing electronically through the Judiciary
Electronic Document System (JEDS), you may use a credit card. Note: If this motion is
the first paper you are filing with the court in this case (that is, you have not previously
answered or otherwise responded to the complaint), the filing fee is $175.00.
STEP 5: Check your completed forms
Check your forms to make sure that they are complete and that you have signed them in the
appropriate places. Make at least four copies of the completed forms.
Checklist - You must have the following items:
The original Notice of Motion, Certifications, and proposed form of Order (Forms A, B
and C). If you wish the court to return to you a copy marked “filed,” you must include
a copy and a stamped, self-addressed envelope. You will need a brief in support of a
motion for summary judgment.
A money order or check made out to the Treasurer, State of New Jersey in the amount
of $50.00 ($175.00 if this is the first paper filed) or, if filing electronically through
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the Judiciary Electronic Document System (JEDS), you may use a credit card.
A stamped self-addressed envelope, if you want a copy stamped “filed.
One copy of the Notice of Motion, Certification, and proposed form of Order (and
brief, if applicable) to serve on your adversary’s attorney or the adversary, if pro se.
STEP 6: Mail the Notice of Motion, Certification and Proposed Form of Order to your
adversary and any other party to the lawsuit
You must serve your adversary no later than 16 days before the specified return date on your
notice of motion. [If you are filing a motion for summary judgment, you must file it not later
than 28 days before the time specified for the return date]. While the court rules do not require
you to use certified mail, it is suggested that you send your motion and supporting papers by
regular and certified mail, return receipt requested. You will then have the green card when it is
returned to you as proof of service.
STEP 7: Mail or deliver the forms to the court
You can file your papers electronically through JEDS, by mail or in person with the
court. The court address is available on the Judiciary’s website, njcourts.gov. If you mail the
papers, we recommend that you use certified mail, return receipt requested.
Mail, deliver or submit electronically to the court the original Notice of Motion, Certification
and proposed form of Order. If you wish the court to send you back a copy of these papers
stamped “filed,” you must include an additional copy and a self-addressed, stamped envelope.
Keep copies of all papers you provide to the court or any other party. Make and keep for
yourself copies of all completed forms and any canceled checks, money orders, receipts,
bills, contract estimates, letters, leases, photographs and other important papers that
relate to your case.
The Judiciary will provide reasonable accommodations to enable individuals with disabilities to
access and participate in court events. Please contact the local ADA coordinator to request an
accommodation. Contact information is available at njcourts.gov.
The New Jersey Judiciary provides court-interpreting services. If you need an interpreter,
notify the court as soon as possible. Contact information is available at njcourts.gov.
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Form A
Plaintiff or Filing Attorney Information:
Name Jashim Uddin
NJ Attorney ID Number Pro Se
Address 1406B N. Rolling RD, Baltimore, MD
21228
Email Address jashimuddinusa@gmail.com
Telephone Number 443-851-9931 ext.
Superior Court of New Jersey
Law Division
Bergen County
Jashim Uddin , Docket Number BER L-006913-22
Plaintiff,
v.
Civil Action
Joseph Smith ,
Notice of Motion
Defendant(s).
To: The Hon. Judge
BERGEN COUNTY COURT
SUPERIOR COURT LAW DIV, NJ
TAKE NOTICE that the undersigned will apply to the above named Court located at
BERGEN COUNTY COURTHOUSE, SUPERIOR COURT LAW DIV ,
on 11/28/2023 , at 9:00 a.m. for an Order to (describe relief requested):
Dear Hon. Judge,
I filed this case last year. I served the summons to the Defendant on May 31, 2022. After that I
sent him a letter of discovery on October 4, 2023 and he received it on October 11, 2023.
According to my letter I waited 30 days for his reply, but he (Defendant “Joseph Smith”) didn’t
respond. I served all of the documents through SMS Franchise LLC’s registered Agent (Spiegel
& Uttrera LLC), but they refused to process my service. Due to the Defendant’s
unresponsiveness, I request the court to set up a motion for hear the case on December 28, 2023.
I will rely on the attached certification which contains the grounds for the relief sought.
Pursuant to R. 1:6-2(d), the undersigned: (check one)
■ Waives oral argument and consents to disposition on the papers.
☐
☐ Requests oral argument if this matter is contested.
☐ Requests oral argument for the following reasons:
A proposed form of Order is attached.
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Form A
Court Dates
No pre-trial conference, arbitration proceeding, calendar call or trial date has been set except as
follows: (If any dates have been scheduled, note them here; otherwise, state “none”)
December 28, 2023. I am requesting this date because the defendant received the Summon and
not reply or not hired an attorney for this case. I served him a letter of discovery but he didn't
respond.
Discovery End Date
■ Discovery in this matter is scheduled to be completed on 11/10/2023
☐ .
☐ A discovery end date has not been assigned to this matter.
Certification Regarding Attempts to Resolve
(Required for discovery and calendar motions – check one)
☐ I certify that I have personally discussed this matter with the attorney for the opposing
party, or the opposing party if appearing pro se, in order to resolve the issues raised by this
motion. This effort was not successful.
☐ I certify that I have made a good faith effort to personally discuss this matter with the
attorney for the opposing party, or with the party if appearing pro se, in order to resolve the
issues raised by this motion. The effort I made included the following action: (specify
attempts to confer):
■ I certify that I have advised the attorney for the opposing party, or the party if appearing
☐
pro se, by letter that if I will make this motion if she/he continues to fail to comply with
my discovery request.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements are willfully false, I am subject to punishment.
11/28/2023
Date Signature
Jashim Uddin
Print Name
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Form A
If this is the first paper you are filing in this case, you must sign the following certification.
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 1:38-77(b).
11/28/2023
Date Signature
Jashim Uddin
Print Name
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Form B
Plaintiff or Filing Attorney Information:
Name Jashim Uddin
NJ Attorney ID Number Pro Se
Address 1406B N. Rolling RD, Baltimore, MD
21228
Email Address jashimuddinusa@gmail.com
Telephone Number 443-851-9931 ext.
Superior Court of New Jersey
Law Division
Bergen County
Jashim Uddin , Docket Number BER L-006913-22
Plaintiff,
v.
Civil Action
Joseph Smith ,
Certification in Support of Motion
Defendant(s).
I, Jashim Uddin , am the (check one) ☐
■ plaintiff /☐ defendant in the
above-captioned matter. I make this certification in support of my motion to: (state what you
want the court to do)
Set up the date for hearing and final Judgment on December 28, 2023.
This motion should be granted because: (State the basis for your motion and why is should be
granted. Use extra paper if necessary.)
The court had issued me a letter. If I didn’t respond by Jan 02, 2024, my case will be dismissed
but I wait a few days to get a response from the Defendant. I sent him a a letter of discovery,
unfortunately, the defendant didn't respond by the due date or until today.
I served all the documents through SMS Franchise LLC’s registered Agent, but they refused to
process my service.
Due to unresponsiveness of the Defendant, I request the court to kindly grant my request.
I certify that the above statements made by me are true and that if any of the statements are
willfully false, I am subject to punishment.
11/28/2023
Date Signature
Jashim Uddin
Print Name
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Form B
Certification of Service
I certify that on 11/28/2023 , I sent a copy of the Notice of Motion, Certification, and
proposed form of Order to the following parties by: (check which mailing method you chose. If
you sent it by both regular and certified mail, return receipt requested, check both)
☐ regular mail ■ certified mail, return receipt requested
☐
List each party to the lawsuit; use the attorney’s name and address if the party is represented by
counsel.
Name Jashim Uddin Name Joseph Smith (Reg.No.16065-509)
Address 1406B N. Rolling Rd, Baltimore, Address 3057 Eric J.W.M. Dr., Waymart,
MD 21228 PA-18472
Attorney for Pro Se (Plaintiff) Attorney for Pro Se (Defendant)
Date 11/28/2023
Signature
Jashim Uddin
Print Name
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Form C
Plaintiff or Filing Attorney Information:
Name Jashim Uddin
NJ Attorney ID Number Pro Se
Address 1406B N. Rolling RD, Baltimore, MD
21228
Email Address jashimuddinusa@gmail.com
Telephone Number 443-851-9931 ext.
Superior Court of New Jersey
Law Division
Bergen County
Jashim Uddin , Docket Number BER L-006913-22
Plaintiff,
v.
Civil Action
Joseph Smith ,
Order
Defendant(s).
This matter having been brought before the Court on Motion of ☐
■ plaintiff /☐ defendant for an
Order (describe relief requested):
For hearing and Final Judgment
and the Court having considered the matter and for good cause appearing,
On this day of , 20 , it is ORDERED as follows:
☐ Opposed ☐ Unopposed
J.S.C.
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Preview
BER-L-006913-22 2023-11-28 19:04:30.688 Pg 1 of 14 Trans ID: LCV20233484447 Civil - Law How to File a Motion Updated August 2022 How to File a Motion (Superior Court of New Jersey - Law Division – Civil Part) Who Should Use This Packet? You should use this packet if you want to ask the judge for a specific ruling or order during the course of your lawsuit. Any party to a case may bring a motion. The person bringing the motion is called the moving party. Examples of motions include: • Motion to dismiss the complaint • Motion for entry of default • Motion to vacate a default judgment • Motion for summary judgment • Motion to strike an answer for failure to answer interrogatories • Motion to compel discovery. Caution: Some Civil Part cases are very complex, and you should consider getting a lawyer. See information on page 2 titled “Try to Get a Lawyer.” Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary’s Internet site njcourts.gov. However, you are ultimately responsible for the content of your court papers. With limited exceptions, any paper filed with the court can be looked at by the public. Completed forms are to be submitted to the county where you are filing your case. A list of Superior Court Offices is provided at the customer counter or at njcourts.gov. Revised 08/15/2022, CN 10555 page 1 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 2 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part Things to Think About Before You Represent Yourself in Court Try to Get a Lawyer The court system can be confusing, and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part have a lawyer. If you are being sued please contact your insurance company to see if it might provide a lawyer for you. Most likely your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found online under “Legal Aid” or “Legal Services.” If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and will sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. If you decide to proceed without an attorney, these materials explain the procedures that must be followed to have your papers properly filed and considered by the court. These materials do not provide information on the law governing your claims or defenses; information on how to conduct pretrial discovery; information on alternative dispute resolution procedures, such as arbitration or mediation, that may be available or required in your case; information on the kinds of evidence you need to prove your claims or defenses at trial; or information on other procedural and evidentiary rules governing civil lawsuits. What You Should Expect If You Represent Yourself While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. • We can explain and answer questions about how the court works. • We can tell you what the requirements are to have your case considered by the court. • We can give you some information from your case file. • We can provide you with samples of court forms that are available. • We can provide you with guidance on how to fill out forms. • We can usually answer questions about court deadlines. Revised 08/15/2022, CN 10555 page 2 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 3 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part • We cannot give you legal advice. Only your lawyer can give you legal advice. • We cannot tell you whether or not you should bring your case to court. • We cannot give you an opinion about what will happen if you bring your case to court. • We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. • We cannot talk to the judge for you about what will happen in your case. • We cannot let you talk to the judge outside of court. • We cannot change an order issued by a judge. Keep Copies of All Papers Make and keep copies of all completed forms and documents related to your case. Revised 08/15/2022, CN 10555 page 3 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 4 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part Definitions of Words Used in This Packet Adversary – Your adversary in a lawsuit is the person or persons whose position is opposite to you. In a case in which there is only a plaintiff and a defendant, and you are the plaintiff, your adversary is the defendant. Likewise, if you are the defendant, your adversary is the plaintiff. In this packet, service on your adversary means service on the attorney(s) representing your adversary or adversaries and/or on any party(ies) not represented by counsel. Brief - A brief is a written argument submitted to the court in which you present the facts and the history of your case and the legal argument supporting the request you have made to the court in your motion. Calendar motion - A calendar motion asks the court for a ruling related to the scheduling or timing of your case, such as a motion for more time to file papers. Before filing a calendar motion, the moving party must try to resolve the matter with the other party(ies) in the case. Certification - A certification is a written statement you make when you file your papers with the court in which you state that all the information contained in the papers is true to the best of your knowledge. Discovery End Date - The discovery end date is the date assigned by the court by which discovery in your case must be completed. Discovery Motion - A discovery motion asks the court for a ruling on some phase of the discovery process such as a motion for more specific answers to interrogatories, a motion to compel depositions. Before filing a discovery motion, the moving party must try to resolve the matter with the other party in the case. Docket Number - The docket number is the number the court assigns to your case so that it may be identified and located easily. Once you have a docket number, you must include it on all your communications with the court. Motion - A motion is an application to the court for a specific order or ruling to be made in favor of the person making the motion (the movant). Motion Day - Courts hear motions on specified days (usually Fridays) on the court calendar called motion days. A schedule of the court’s motion days can be obtained from the court staff or on Internet at the Judiciary’s website at njcourts.gov. Movant or moving party - The movant or moving party is the person who is bringing the motion. Revised 08/15/2022, CN 10555 page 4 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 5 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part Definitions of Words Used in This Packet (continued) Notice of Motion - A notice of motion is the form used to inform the court and all opposing parties that the moving party is seeking a specific ruling or order from the court. Oral argument - Oral argument refers to the appearance in court by the parties to present their positions to the judge in person. Either side may request oral argument, but the decision on whether there will be oral argument is up to the judge. If oral argument is not requested by either of the parties or the judge, the motion will be decided “on the papers.” Pro Se - Pro se means by oneself. A pro se litigant represents him or herself in court without the aid of counsel. Proof of Mailing - Proof of mailing is the form in which you provide the dates and the method you used to give the other parties copies of the papers that you filed in court. Proposed Form of Order - A proposed order is a form that the judge can use to either grant or deny the relief sought in the motion. Every motion must be accompanied by a proposed form of order. Return date - The return date is the date on which the court will consider the motion. If you request oral argument, you must appear before the judge. If no oral argument is requested, the matter will be decided “on the papers.” That is, the judge will decide the motion on what has been submitted in the moving papers and in the opposition papers, without having anyone appear in court. Summary judgment - A motion for summary judgment asks the court to resolve the case in the moving party’s favor without a trial because there is no dispute over the facts of the case and the law supports the moving party’s position. Revised 08/15/2022, CN 10555 page 5 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 6 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8.5” x 11” white paper only. Forms may not be filed on a different size or color paper. Steps for Filing a Complaint Note: Before you file a calendar or discovery motion, you must contact your adversary’s attorney or the pro se party to attempt to resolve the matter. The Certification Regarding Attempts to Resolve tells the court that you have personally conferred with the attorney or pro se party and were unsuccessful in resolving the issue OR that you made a good faith but unsuccessful effort to contact your adversary and detail the steps you took to establish contact OR that you have notified your adversary in writing that unless the discovery requests have been complied with you will file a motion. STEP 1: Complete the Notice of Motion and the Certification Regarding Attempts to Resolve (Form A) In the Notice of Motion, you inform the court and all parties that you have asked for a specific ruling or order, and you specify the type of ruling you want. Motions are heard in court on specified days. You should obtain the motion schedule either from the clerk’s office or online from the judiciary website at njcourts.gov. You should pick a motion day at least 3 weeks from the date you mail your motion papers in order to give your adversary the 16 days before the return date as required by the court rules. Note: If you are filing a motion for summary judgment, you must file it no later than 28 days before the time specified for the return date. You must indicate whether you want to waive oral argument and let the judge decide the motion on the papers or not. You can ask the court for oral argument only if your adversary opposes the motion or you can ask for oral argument on your own. If you request oral argument, you must tell the court why you think it is necessary. Note: The judge makes the decision on whether there should be oral argument. The judge may request it even if neither party asked for it. Similarly, the judge may deny the request for oral argument. If you have received notification of the date by which discovery should be completed in your case, you must indicate that date in the space provided. If a date has not been assigned, you must check the statement that indicates that no date has been assigned. You must also indicate on the Notice of Motion any dates that have been set by the court for conferences, arbitration, or trial. For discovery and calendar motions, you must complete the Certification Regarding Attempts to Resolve to inform the court what efforts you have made to contact your adversary to resolve the issue in the two-week period immediately before filing the motion. Revised 08/15/2022, CN 10555 page 6 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 7 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part NOTE: If this is the first paper you are filing in this case, (i.e., you have not already filed an answer to the complaint), you must certify that you have redacted (blacked out) any personal identifiers (Social Security numbers, driver’s license numbers, vehicle plate numbers, insurance policy numbers, active financial account numbers, active credit card numbers, or information as to an individual’s military status) from any paper filed with the court, unless any such personal identifier is required to be included by statute, rule, administrative directive or court order. If an active financial account is the subject of your case and cannot otherwise be identified, you may use the last four digits of the account to identify it. Do not redact (black out) this information in the original papers that you are keeping (such as a police accident report) since you may have to show them to the court at some point. STEP 2: Complete the Certification in Support of the Motion and the Certification of Service (Form B) The Certification in Support of the Motion tells the court the reasons why you want the ruling you have requested and the reasons why the court should grant your request. You must also complete the Certification of Service which tells the court the date on which you mailed the copies of the documents to your adversary. STEP 3: Complete the Proposed Form of Order (Form C) Fill in the information up to the line for the date of the order. Leave that and the rest of the form blank. The terms of the Order will be completed by the judge when the motion is decided. If you are filing a motion for summary judgment, you must also include a legal brief in which you state the facts of your case and the law that supports your position. STEP 4: Attach the filing fee. The fee for filing a motion in Superior Court is $50.00. Write a check in that amount payable to the Treasurer, State of New Jersey or, if filing electronically through the Judiciary Electronic Document System (JEDS), you may use a credit card. Note: If this motion is the first paper you are filing with the court in this case (that is, you have not previously answered or otherwise responded to the complaint), the filing fee is $175.00. STEP 5: Check your completed forms Check your forms to make sure that they are complete and that you have signed them in the appropriate places. Make at least four copies of the completed forms. Checklist - You must have the following items: The original Notice of Motion, Certifications, and proposed form of Order (Forms A, B and C). If you wish the court to return to you a copy marked “filed,” you must include a copy and a stamped, self-addressed envelope. You will need a brief in support of a motion for summary judgment. A money order or check made out to the Treasurer, State of New Jersey in the amount of $50.00 ($175.00 if this is the first paper filed) or, if filing electronically through Revised 08/15/2022, CN 10555 page 7 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 8 of 14 Trans ID: LCV20233484447 How to File a Motion - Law Division - Civil Part the Judiciary Electronic Document System (JEDS), you may use a credit card. A stamped self-addressed envelope, if you want a copy stamped “filed. One copy of the Notice of Motion, Certification, and proposed form of Order (and brief, if applicable) to serve on your adversary’s attorney or the adversary, if pro se. STEP 6: Mail the Notice of Motion, Certification and Proposed Form of Order to your adversary and any other party to the lawsuit You must serve your adversary no later than 16 days before the specified return date on your notice of motion. [If you are filing a motion for summary judgment, you must file it not later than 28 days before the time specified for the return date]. While the court rules do not require you to use certified mail, it is suggested that you send your motion and supporting papers by regular and certified mail, return receipt requested. You will then have the green card when it is returned to you as proof of service. STEP 7: Mail or deliver the forms to the court You can file your papers electronically through JEDS, by mail or in person with the court. The court address is available on the Judiciary’s website, njcourts.gov. If you mail the papers, we recommend that you use certified mail, return receipt requested. Mail, deliver or submit electronically to the court the original Notice of Motion, Certification and proposed form of Order. If you wish the court to send you back a copy of these papers stamped “filed,” you must include an additional copy and a self-addressed, stamped envelope. Keep copies of all papers you provide to the court or any other party. Make and keep for yourself copies of all completed forms and any canceled checks, money orders, receipts, bills, contract estimates, letters, leases, photographs and other important papers that relate to your case. The Judiciary will provide reasonable accommodations to enable individuals with disabilities to access and participate in court events. Please contact the local ADA coordinator to request an accommodation. Contact information is available at njcourts.gov. The New Jersey Judiciary provides court-interpreting services. If you need an interpreter, notify the court as soon as possible. Contact information is available at njcourts.gov. Revised 08/15/2022, CN 10555 page 8 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 9 of 14 Trans ID: LCV20233484447 Form A Plaintiff or Filing Attorney Information: Name Jashim Uddin NJ Attorney ID Number Pro Se Address 1406B N. Rolling RD, Baltimore, MD 21228 Email Address jashimuddinusa@gmail.com Telephone Number 443-851-9931 ext. Superior Court of New Jersey Law Division Bergen County Jashim Uddin , Docket Number BER L-006913-22 Plaintiff, v. Civil Action Joseph Smith , Notice of Motion Defendant(s). To: The Hon. Judge BERGEN COUNTY COURT SUPERIOR COURT LAW DIV, NJ TAKE NOTICE that the undersigned will apply to the above named Court located at BERGEN COUNTY COURTHOUSE, SUPERIOR COURT LAW DIV , on 11/28/2023 , at 9:00 a.m. for an Order to (describe relief requested): Dear Hon. Judge, I filed this case last year. I served the summons to the Defendant on May 31, 2022. After that I sent him a letter of discovery on October 4, 2023 and he received it on October 11, 2023. According to my letter I waited 30 days for his reply, but he (Defendant “Joseph Smith”) didn’t respond. I served all of the documents through SMS Franchise LLC’s registered Agent (Spiegel & Uttrera LLC), but they refused to process my service. Due to the Defendant’s unresponsiveness, I request the court to set up a motion for hear the case on December 28, 2023. I will rely on the attached certification which contains the grounds for the relief sought. Pursuant to R. 1:6-2(d), the undersigned: (check one) ■ Waives oral argument and consents to disposition on the papers. ☐ ☐ Requests oral argument if this matter is contested. ☐ Requests oral argument for the following reasons: A proposed form of Order is attached. Revised 08/15/2022, CN 10555 page 9 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 10 of 14 Trans ID: LCV20233484447 Form A Court Dates No pre-trial conference, arbitration proceeding, calendar call or trial date has been set except as follows: (If any dates have been scheduled, note them here; otherwise, state “none”) December 28, 2023. I am requesting this date because the defendant received the Summon and not reply or not hired an attorney for this case. I served him a letter of discovery but he didn't respond. Discovery End Date ■ Discovery in this matter is scheduled to be completed on 11/10/2023 ☐ . ☐ A discovery end date has not been assigned to this matter. Certification Regarding Attempts to Resolve (Required for discovery and calendar motions – check one) ☐ I certify that I have personally discussed this matter with the attorney for the opposing party, or the opposing party if appearing pro se, in order to resolve the issues raised by this motion. This effort was not successful. ☐ I certify that I have made a good faith effort to personally discuss this matter with the attorney for the opposing party, or with the party if appearing pro se, in order to resolve the issues raised by this motion. The effort I made included the following action: (specify attempts to confer): ■ I certify that I have advised the attorney for the opposing party, or the party if appearing ☐ pro se, by letter that if I will make this motion if she/he continues to fail to comply with my discovery request. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. 11/28/2023 Date Signature Jashim Uddin Print Name Revised 08/15/2022, CN 10555 page 10 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 11 of 14 Trans ID: LCV20233484447 Form A If this is the first paper you are filing in this case, you must sign the following certification. 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 1:38-77(b). 11/28/2023 Date Signature Jashim Uddin Print Name Revised 08/15/2022, CN 10555 page 11 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 12 of 14 Trans ID: LCV20233484447 Form B Plaintiff or Filing Attorney Information: Name Jashim Uddin NJ Attorney ID Number Pro Se Address 1406B N. Rolling RD, Baltimore, MD 21228 Email Address jashimuddinusa@gmail.com Telephone Number 443-851-9931 ext. Superior Court of New Jersey Law Division Bergen County Jashim Uddin , Docket Number BER L-006913-22 Plaintiff, v. Civil Action Joseph Smith , Certification in Support of Motion Defendant(s). I, Jashim Uddin , am the (check one) ☐ ■ plaintiff /☐ defendant in the above-captioned matter. I make this certification in support of my motion to: (state what you want the court to do) Set up the date for hearing and final Judgment on December 28, 2023. This motion should be granted because: (State the basis for your motion and why is should be granted. Use extra paper if necessary.) The court had issued me a letter. If I didn’t respond by Jan 02, 2024, my case will be dismissed but I wait a few days to get a response from the Defendant. I sent him a a letter of discovery, unfortunately, the defendant didn't respond by the due date or until today. I served all the documents through SMS Franchise LLC’s registered Agent, but they refused to process my service. Due to unresponsiveness of the Defendant, I request the court to kindly grant my request. I certify that the above statements made by me are true and that if any of the statements are willfully false, I am subject to punishment. 11/28/2023 Date Signature Jashim Uddin Print Name Revised 08/15/2022, CN 10555 page 12 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 13 of 14 Trans ID: LCV20233484447 Form B Certification of Service I certify that on 11/28/2023 , I sent a copy of the Notice of Motion, Certification, and proposed form of Order to the following parties by: (check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) ☐ regular mail ■ certified mail, return receipt requested ☐ List each party to the lawsuit; use the attorney’s name and address if the party is represented by counsel. Name Jashim Uddin Name Joseph Smith (Reg.No.16065-509) Address 1406B N. Rolling Rd, Baltimore, Address 3057 Eric J.W.M. Dr., Waymart, MD 21228 PA-18472 Attorney for Pro Se (Plaintiff) Attorney for Pro Se (Defendant) Date 11/28/2023 Signature Jashim Uddin Print Name Revised 08/15/2022, CN 10555 page 13 of 14 BER-L-006913-22 2023-11-28 19:04:30.688 Pg 14 of 14 Trans ID: LCV20233484447 Form C Plaintiff or Filing Attorney Information: Name Jashim Uddin NJ Attorney ID Number Pro Se Address 1406B N. Rolling RD, Baltimore, MD 21228 Email Address jashimuddinusa@gmail.com Telephone Number 443-851-9931 ext. Superior Court of New Jersey Law Division Bergen County Jashim Uddin , Docket Number BER L-006913-22 Plaintiff, v. Civil Action Joseph Smith , Order Defendant(s). This matter having been brought before the Court on Motion of ☐ ■ plaintiff /☐ defendant for an Order (describe relief requested): For hearing and Final Judgment and the Court having considered the matter and for good cause appearing, On this day of , 20 , it is ORDERED as follows: ☐ Opposed ☐ Unopposed J.S.C. 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