New Jersey Civil Procedure

The New Jersey State Court Structure

• The Supreme Court's appeals as of right include the following issues: substantial issues of New Jersey constitutional law, dissent in the appellate division.
• Each Superior court (the trial court level) has the constitutional authority to exercise powers the powers of other Superior court divisions (civil, criminal, general equity, family, probate).

Subject Matter Jurisdiction

• The trial courts have general jurisdiction
• Unanimous juries are not needed. A 5/6 split is enough to render a verdict.
• For claims based on federal law, the adjudicating state court will apply federal substantive law and state procedural law. Think of this as the "reverse Eerie Doctrine."

Personal Jurisdiction

• There is no codified long arm statute. Apply a minimum contacts analysis: The party has minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. "Minimum contacts" requires purposeful availment or injecting goods into the stream of commerce with the expectation that it would be purchased in the forum state with some type of "reaching out to the state."
  
• Personal service is valid unless presence in the state is through fraud or force.
• Forum non conveniens requires a demonstration by the out-of-state plaintiff that a trial in New Jersey would be oppressive to the defendant or otherwise manifestly inappropriate.
• In Rem jurisdiction is only applicable to action relating to property located in the state.

Venue

• For real property actions, venue is appropriate at the situs of the property.
• Basic venue is appropriate where any party resides, where the cause-of-action arose, or where summons was served on a non-resident defendant.
• Corporations reside in the county where they are registered or where they are doing business.
• Transfer if actions is available for the convenience of the parties. Improper venue is any place where there is substantial doubt about receiving a fair trial.
• A party may object to a transfer of venue up to 10 days after time for service of last responsive pleading.

Commencement of an Action

• An action begins with the filing of a complaint and the assignation of a track number. The case track number is sent to the plaintiff within 10 days of filing. Any summons must be issued within 15 days from the track assignment notice.
• Service of process can be done by an adult not having a direct interest in the litigation. This includes the plaintiff's attorney or agent.
• Service of process follows the general rules of service of process in other states, so I won't regurgitate it here.
• For service of process to defendants in other states, so long service would be valid under New Jersey rules, it is valid service in that other state.

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