Civil - Law

How to File a Response to a Motion - Law Division - Civil Part

April 2008

How to File a Response to a Motion in the Superior Court of New

Jersey - Law Division - Civil Part
Who Should Use This Packet?
You should use this packet if you are a party to a lawsuit and you have received a Notice of Motion and
supporting documents from another party in your case and you want to object to what that person is
asking for. Unless you have received a motion for summary judgment, you MUST respond to the
moving papers at least 8 days before the return date listed on the Notice of Motion. A summary
judgment motion requires that the response be filed at least 10 days before the return date.

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 Response to a Motion - Law Division - Civil Part

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer What You Should Expect If You
The court system can be confusing and it is a good Represent Yourself
idea to get a lawyer if you can. The law, the proofs While you have the right to represent yourself in
necessary to present your case, and the procedural court, you should not expect special treatment, help,
rules governing cases in the Law Division, Civil Part or attention from the court. The following is a list of
are complex. Since valuable claims or potentially some things the court staff can and cannot do for
heavy judgments may be at stake, most litigants you. Please read it carefully before asking the court
appearing in the Law Division, Civil Part have a staff for help.
lawyer. If you are being sued please contact your
insurance company to see if it might provide a  We can explain and answer questions about
lawyer for you. Most likely, your opponent will be how the court works.
represented by a lawyer. It is recommended that you  We can tell you what the requirements are to
make every effort to obtain the assistance of a
have your case considered by the court.
lawyer. If you cannot afford a lawyer, you may
contact the legal services program in your county to  We can give you some information from
see if you qualify for free legal services. Their your case file.
telephone number can be found online under “Legal  We can provide you with samples of court
Aid” or “Legal Services.” forms that are available.
If you do not qualify for free legal services and need  We can provide you with guidance on how
help in locating an attorney, you can contact the bar to fill out forms.
association in your county. Most county bar  We can usually answer questions about
associations have a Lawyer Referral Service. The
court deadlines.
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
 We cannot give you legal advice. Only your
sometimes consult with you at a reduced fee. lawyer can give you legal advice.
 We cannot tell you whether or not you
There are also a variety of organizations of minority should bring your case to court.
lawyers throughout New Jersey, as well as  We cannot give you an opinion about what
organizations of lawyers who handle specialized
will happen if you bring your case to court.
types of cases. Ask your county court staff for a list
of lawyer referral services that include these  We cannot recommend a lawyer, but we can
organizations. provide you with the telephone number of a
local lawyer referral service.
If you decide to proceed without an attorney, these
materials explain the procedures that must be  We cannot talk to the judge for you about
followed to have your papers properly filed and what will happen in your case.
considered by the court. These materials do not  We cannot let you talk to the judge outside
provide information on the law governing your of court.
claims or defenses; information on how to conduct
pretrial discovery; information on alternative dispute  We cannot change an order issued by a
resolution procedures, such as arbitration or judge.
mediation, that may be available or required in your
case; information on the kinds of evidence you need Keep Copies of All Papers
to prove your claims or defenses at trial; or Make and keep copies of all completed forms and
information on other procedural and evidentiary documents related to your case.
rules governing civil law suits.

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How to File a Response to a Motion - Law Division - Civil Part

Definitions of Words Used in This Packet

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 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(ies) in the case.

Docket Number - A docket number is the number the court assigns to a case so that it may be identified and
located easily. You must include the docket number on all your communications regarding your case. Note:
Documents without a docket number cannot be filed.

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. You should obtain the motion schedule on line from the judiciary website at: njcourts.gov. It is the
litigant’s responsibility to contact the courthouse in the county where the case is filed to inquire about the
motion day and to confirm if a case is scheduled for a hearing.

Movant or moving party – The movant or moving party is the person who is bringing the motion.

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. A Notice of Motion must identify the
courthouse where the motion will be heard (the courthouse in the county where the case is filed).

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 is a Latin term that means “on one’s own behalf.” A plaintiff or defendant in a law suit who
does not have an attorney is said to be appearing pro se.

Proof of Mailing - Proof of mailing is the form in which you provide the dates and 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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How to File a Response to 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 ½” x 11” white paper only. Forms may
not be filed on a different size or color paper.

Steps to Take to Respond to a Motion

STEP 1: Complete the Certification in STEP 3: Mail the Certification In

Opposition to Motion and Certification of Service Opposition To Motion to Your Adversary and
(Form A). Any Other Party to the Lawsuit.
The Certification in Opposition to Motion tells the You must serve your adversary no later than 8 days
court the reasons why you object of the ruling before the specified return date of the notice of
requested by your adversary and why the court motion (10 days if it is opposition to a motion for
should deny the request. Fill in the required summary judgment). While the court rules do not
information. require you to send your papers by certified mail, it
is suggested that you send your certification by
You must indicate whether you want to waive oral regular and certified mail, return receipt requested.
argument and let the judge decide the motion on the You will then have the green card when it is returned
papers or not. If you request oral argument you to you as proof of service.
must tell the court why you think it is necessary.
STEP 4: Mail or Deliver the Certification in
Note: The judge makes the decision on whether
there should be oral argument. The judge may Opposition to Motion to the Court.
request it even if neither party asked for it. You may deliver your papers to the court in person
Similarly, the judge may deny the request for or you may mail them. The court address is
oral argument. available on line at njcourts.gov. If you mail the
papers, we recommend that you use certified mail,
The Certification of Service tells the court the date return receipt requested.
on which you mailed the copies of your response to
your adversary. Mail or deliver to the court the original of the
Certification. If you want the court to return a copy
STEP 2: Prepare Your Response For Mailing marked “filed” to you, include a copy of the
Checklist – You will need the following items certification along with a self-addressed, stamped
envelope.
The original of your Certification in
Opposition to Motion for filing in court. If Keep copies of all papers you provide to the
you want the court to return a copy stamped court or any other party. Make and keep for
“filed,” you should include a copy and a yourself copies of all completed forms and
stamped self-addressed envelope. any canceled checks, money orders, receipts,
One copy of the Certification for each party
bills, contract estimates, letters, leases,
to the lawsuit
photographs and other important papers that
relate to your case.

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How to File a Response to a Motion - Law Division - Civil Part

Instructions for Completing the Certification in Opposition to Motion (Form A)

1. At the top left of the form, enter your name, address, daytime phone number, and email address. If you are
not an attorney, leave the Attorney ID field blank.

2. On the line labeled Plaintiff(s), type or print the plaintiff’s name.

3. On the line labeled Defendant(s), enter the name(s) of the defendants listed on the complaint.

4. On the line labeled County, enter the county where the case is filed.

5. On the line labeled Docket No., enter the docket number. This information can be found in the complaint that
was served on you.

6. On the line that says I, , am the plaintiff defendant in the above-captioned matter, enter your
name, then select the appropriate party (plaintiff or defendant).

7. After the text I hereby enter my objection to the Motion to, enter the type of motion you were served with.

8. Select the appropriate party (plaintiff or defendant) for filed by the.

9. After the line This motion should be denied because, state the facts supporting why your opposition to the
motion should be granted. Attach additional sheets if necessary.

10. Under Pursuant to R. 1:6-2(d), the undersigned, select one of the checkboxes regarding oral arguments. If
you select Requests oral argument for the following reasons, state your reasons for doing so in the space
following the checkbox.

11. Date and sign the form, and print your name under the signature. Note: when you fill out this form, you are
certifying that the statements made on the form are true. If you willfully make false statements, you may be
subject to punishment.

Instructions for Completing the Certification of Service (Form A)

1. Enter the date you mailed copies of the documents to your adversaries.

2. Select the mailing method you used (regular or certified mail). If you sent it by both regular and certified
mail, return receipt requested, check both.

3. List the name and address for each party to the lawsuit. If the party is represented by an attorney, enter the
attorney’s name and address and enter which party the attorney represents. If the party is pro se you may
send the papers directly to that individual.

4. Date and sign the form, and print your name under the signature.

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 Save Print Clear
Form A
NOTICE: This is a public document. Do not enter personal identifying information on it, such as your Social Security
number, driver’s license number, or active bank or credit card accounts. This document as submitted will be available to the
public upon request.

Name
NJ Attorney ID (if applicable)
Address

Telephone Number

Superior Court of New Jersey

Law Division - Civil Part
County
Docket No.
Plaintiff(s) Civil Action
v.
Certification in Opposition
Defendant(s)
to Motion

I, , am the plaintiff defendant in the above-captioned matter. I

hereby enter my objection to the Motion to

filed by the plaintiff defendant

This motion should be denied because:

Pursuant to R. 1:6-2(d), the undersigned: (check one)

Waives oral argument and consents to disposition on the papers.
Requests oral argument for the following reasons:

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.

Date
Signature

Print Name

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 Certification of Service

I, further certify that on , I sent my opposition to the motion to the following 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. Send your opposition to the attorney if the party is represented by
counsel; if the party is pro se you may send the papers directly to that individual.

Name Name
Address Address

Attorney for Attorney for

Date
Signature

Print Name

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