Whether you are the plaintiff or defendant in a
civil lawsuit it progresses in accordance with the New Jersey Court
Rules, which set forth a roadmap for the procedures involved.
All cases begin with the filing of a complaint where
the plaintiff sets forth the facts which constitute the cause of action
against the defendant. The defendant then files an answer and in
some cases a counterclaim. The matter then begins a period of
discovery, where both sides can determine the facts known to the
other. Discovery includes written demands for information and
testimony before a court reporter in what is known as a
deposition. Each matter is assigned to a track which determines
the length of the discovery period. The track varies depending on
the court and the type of case. The discovery period can be and
frequently is extended at the request of parties.
Once discovery is completed the matter is sometimes
scheduled for a settlement conference or court administered arbitration
in an effort to resolve the dispute between the parties through
compromise, without a trial. If the case does not settle it is
scheduled for trial. The case is listed for a “trial call” where
the attorney must go to court and answer the call advising the Judge if
the case is ready or requesting an adjournment if it is not. Even
if the case is marked ready at the call that is no guarantee that it
will be reached for trial the same day or even the same week as the
call. A case may be listed for trial multiple times over a period
of months before it is actually assigned out to a Judge for
trial. Attorneys do not require their clients or witnesses to
appear at trial calls but rather have them available on telephone
notice to come to the courthouse only if and when the matter is
actually assigned to a Judge. The assigned Judge will often
conduct another settlement conference in an effort to bring the parties
to an amicable resolution of their dispute.
Cases filed in the Superior Court of New Jersey, Law
Division take approximately 2 years or more before they are reached for
trial. Cases in the Chancery Division are assigned to a Judge on
filing of the complaint and that Judge enters a Case Management Order
which sets forth the schedule for discovery, settlement, pre-trial
conferences and trial and these cases generally are reached for trial
in less time than Law Division cases. Cases in the Special Civil
Part, where the amount in controversy is less than $15,000.00, have a
much shorter discovery period and are reached for trial very quickly,
after only a few months.
