Civil litigation laws in NJ are complex and you need to hire a competent law firm to present your case in the court. Read on to know how civil litigation cases are initiated in NJ, the parties that might be involved in such litigation, and types of cases that can be filed.
Civil litigation can involve these parties:
Plaintiff – person who sues Defendant – person who is sued Guardian – person representing the interests of another (such as a minor) Intervenor – a third party who requests to participate in a lawsuit Third party plaintiff – party suing a non-party to the original suit on a third party complaint Third party defendant – party being sued in a third party complaint Crossclaimant – defendant suing another defendant on a crossclaim Counterclaimant – defendant suing a plaintiff on a counterclaim John or Jane Doe – fictitious defendant designation used when the real identity of the defendant is not known ABC Corporation – fictitious defendant designation used when the real identity of a corporate defendant is unknown
The first step in a lawsuit is that a complaint must be filed with the Clerk of the Superior Court. The complaint contains information that lets the court know what the cause of actions are, that the court has jurisdiction, identifies the parties in the case, and describes what relief is being sought by the plaintiff.
Once the complaint is filed, it must be served on all defendants. In New Jersey, a defendant has 35 days to file a response. Generally, the response comes in the form of an answer. In the answer, the defendant responds to each allegation in the complaint. The defendant may also file a counterclaim against the plaintiff if there are separate claims back against the initial party. If there are other parties that may be at fault, any defendant can file cross-claims or name a third-party defendant.
If you have been served with a complaint, it is important not to ignore it and seek legal counsel immediately. A lawyer can best advise you of the appropriate response.
Examples of various types of civil cases that can be filed include consumer fraud, contract claims, insurance and insurance coverage disputes, personal injury, products liability, matters regarding real property, landlord/tenant disputes, toxic tort, and workers compensation actions. In New Jersey, trusts and estates can also be a party to or the subject of a lawsuit. If you find yourself in a legal situation involving an estate or trust, you should contact a law firm that is well versed in New Jersey trust law, estate law, general civil litigation, and fiduciary litigation.
The writer is associated with Backes & Backes LLC, an NJ based law firm practicing in the areas of wills, estate administration, probate litigation and general civil litigation.