Rule 4:42 – Judgment; Petitions; Damage; Cost, NJ Ct. A.4:42 (2023)

Rule 4:42 – Judgment; assignments; damage; costs

Rule 4:42-1. Form; village

(A)Form; Happy.The judgment or dispatch will not contain considerations on the pleadings or minutes of previous proceedings. However, it must contain the following:

(1)A statement of the purpose of the judgment or order (ie, summary judgment dismissing the claim, order modifying support);

(2)The date or dates the matter was heard or filed;

(3)The appearance of lawyers and parties who appear pro se;

(4)A separate numbered paragraph for each individual substantive provision of the sentence or order;

(5)The effective date of the judgment or order, or of each provision, if the effective date of any provision is different from the date of entry;

(6)A note stating whether or not the matter has been disputed, as required byr1:6-2(a); AND

(7)The notation prescribed byr1:6-2(f) in relation to the Results and Conclusions and the attachment of a justification if required by this Rule or byr1:7-4.

(B)Settlement by request or consent.Except as provided in paragraphs (c) and (d) of this Rule, by other Rules or statutes, and except in ex parte matters, no judgment or order shall be entered into by the Court unless the form thereof has previously been adopted. notice to all interested parties who are not in default by non-attendance, or unless such counsel or the written consent of the parties as to form is subsequently confirmed. Judgments or formal written orders will be submitted to the court for execution within 10 days of notification of its decision, unless this period is extended for good cause.

(C)Pre-announced billing.In lieu of a resolution by motion or consent, the party proposing the form of judgment or order may transmit the original to the judge who heard the matter, and shall have a copy for each of the non-absent parties, together with a notice that if not If it is possible to notify the judge and sponsor of the written sentence or order of specific objections within 5 days of such notification, the sentence or order may be signed at the judge's discretion. If this objection is not made in time, the judge may sign the sentence or order immediately. If an objection is filed, the matter may be listed for hearing at the discretion of the court.

(D)Judgment Form and Consent Orders.The court may make an affirmative judgment or order without the signatures of all attorneys and pro se parties who have filed a response in response or otherwise participated in the Action, provided that the form of the judgment or order includes a recital that all parties actually consented to the delivery of the sentence or order in the form presented. If one of the parties bound by the consent judgment has not filed or appeared on the Complaint, the consent judgment must be signed by each of those parties or their attorney indicating consent to the judgment form and record. Supporting documents are not required for the filing of a consent judgment unless the court expressly sees a good reason to require such filings. Consent opinions may be entered under this Rule at any time after notice of the Complaint, regardless of whether a Response or other response summary has been filed.

(mi)Filing and Filing of Orders and Judgments.An original and a copy of all orders and awards must be submitted to the judge along with a stamped, self-addressed envelope. The judge who signs the order or sentence files the original in accordance with art.r1:5-6(b), and the judge must return the copy to the attorney who filed the order or sentence. The Ombudsman may send the copy together with the prescribed fee to the Clerk of the Supreme Federal Court.N.J.S.A. 22A:2-7, for proper disposal in accordance withr4:101. In matrimonial matters, these additional copies of the orders must be filed at the request of the court.

4:42-2. Judgment in Multiple Actions: Review of Preliminary Orders

(A)If an order for the execution of a sentence pursuant to ther4:59 If it is final and the lower court certifies that there is no good reason to delay such enforcement, then the lower court can order a final judgment on less than all claims by all parties, but only under the following circumstances : (1) upon complete determination of a separate claim; or (2) after full determination of all rights and liabilities asserted against any party to the dispute; or (3) if a partial summary judgment or other order to pay part of a claim is granted.

(B)In the absence of an order authorized by paragraph (a), any order or form of judgment lower than all claims by all parties will not terminate action with respect to any claim and will be subject to review at any time prior to the pronouncement of final judgment. in its reasonable discretion by the court in the interests of justice. As far as possible, the request for reconsideration should be made to the investigating judge who issued the order.

Rule 4:42-3. declaratory sentence

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The existence of another suitable legal remedy does not preclude a declaratory judgment.

Rule 4:42-4. Effects of unfulfilled sentence against one or more jointly responsible

A judgment against a person who is jointly and severally liable with another person does not exclude a judgment against the latter, unless it is enforced.

Rule 4:42-5. Effect of the judgment of possession

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A claimant who has obtained title to the property or his personal representative is not precluded from bringing a new action to recover Mesne's profits and losses.

Rule 4:42-6. effect of lawsuit

Any final judgment, other than a default judgment, will grant relief to which the party in whose favor it was registered is entitled, even if that party has not requested such relief in the file, provided that the parties have had a reasonable opportunity to do so. of the protection granted.

Rule 4:42-7. Causes Continuing Damage

If damages are to be determined due to a continuing cause of action, they will be determined at the time of the hearing or determination.

Rule 4:42-8. costs

(A)Eligible parties.Unless otherwise provided by law, these Rules, or a court order, costs will, of course, be awarded to the prevailing party. The Registrar's action to fix costs may be challenged in court upon application.

(B)Defendants in Certain Legal Proceedings.A defaulting defendant in a Replevin proceeding will receive costs only if the defendant has refused to relinquish the personal property in question pursuant to a written demand made prior to the filing of the claim. No charge will be allowed against a defendant in an undisclosed title action who defaults or brings an action denying any right to the property in question and a defendant in such an action who in response denies any right to claim, or has already claimed, any property in question. , by court decision, costs will be admitted.

(C)proof of expenses.The party entitled to taxable expenses shall submit to the Clerk of the Court an affidavit that the out-of-pocket expenses established by law and set forth therein are necessarily incurred and of reasonable value and, if they are for witness assistance, the number of days actually gifts and the distance traveled, if kilometers are calculated. These costs may include fees paid to an individual subject to prosecutionr4:4-3, but not to exceed the sheriff's allowable fees for that service.

(D)Effective date.If a court allows costs to be assessed more than 6 months after receipt of a judgment or order, or if the judgment or order is subject to further review or litigation more than 6 months after it is finally set aside, the judgment on costs will not be valid before the effective registration in the civil registry.

Rule 4:42-9. legal fees

(A)Promotions where a fee is allowed.No charges for legal services will be permitted with expenses taxed or otherwise, except

(1)In family lawsuits, the refund of fees may be pending, as well as in case of court order pursuant to art.r5:3-5(c).

(2)From a past in court. The court may, in its sole discretion, award a subsidy from this fund, but no subsidy will be awarded with respect to any matter that may be contested by a jury. The trustee may make payments on account of fees for legal services rendered from a fund entrusted to him to administer, subject to the approval and approval or disapproval of the court at the time of settlement of the account.

(3)In a probate proceeding, if the probate is rejected, the court may award damages payable out of the testator's estate. If an estate is granted and it appears that the claimant had valid grounds for contesting the validity of the will, the court may award the solicitor and the claimant compensation to be paid for the estate. In the case of a guardianship action, the court may charge a fee in accordance with ther4:86-4(e) to the attorney for the party seeking relief, the attorney assigned to represent the allegedly incompetent person, and the court officer.

(4)In a foreclosure action, damages will be calculated as follows: on all amounts determined to be paid to the plaintiff that are $5,000 or less, at a rate of 3.5%, provided it is a minimum rate of $75. allowed for each process; above the deductible greater than $5,000 and up to $10,000 at a rate of 1.5%; and at a fee of 1% over $10,000, as long as the prize does not exceed $7,500. However, if application of the formula prescribed in this rule results in a total of more than $7,500, the court may, upon request supported by an affidavit, impose an additional charge not to exceed the amount of that deductible. In no case may the payment of the fee exceed the limits of this Rule.

(5)In an action to enforce a tax certificate or certificates, the court may award attorneys' fees not to exceed $500 per tax certificate of sale in an actual or personal proceeding, except in a specific cause supported by an affidavit. If the plaintiff is not a municipality, attorneys' fees will not be awarded unless the plaintiff has given not more than 120 days nor less than 30 days written notice to all parties entitled to redress prior to filing the claim, the interest of which is recorded on file at the time of sale of the tax by certified or certified mail, postage prepaid, addressed to your last known address of your intention to make such a claim. The decision must also contain the tax deposit amount due on the day of the decision. A copy of the decision must be kept at the municipal tax authority.

(6)In a liability claim or indemnity policy in favor of a successful actor.

(7)As expressly provided for in these Regulations in relation to any action, regardless of whether a Fund is in court or not.

(8)In all cases where the law allows for attorney fees.

(B)Service declaration.With the exception of foreclosure and tax claims, all fee refund claims must be supported by an affidavit on the factors listed in RPC 1.5(a). The statement must also include a list of other factors relevant to the assessment of the services rendered, the amount of the award being requested and a list of expenses for which reimbursement is sought. If the court is required to take into account the provision of services by paraprofessionals when determining a flat fee, the statement must contain a detailed list of the time spent and services provided by paraprofessionals, a summary of the paraprofessional's qualifications and the statutory rate of charge for paraprofessional activities to include services for general clients. No portion of the attorney fees charged for the services of an attorney shall in any way duplicate the attorney fees charged for paraprofessional services to the client. For purposes of this provision, "professional assistant services" are those services provided by persons qualified by education, experience or training who would perform specifically delegated functions of a legal nature under the direction and supervision of attorneys and would perform the functions of an attorney. Otherwise, obliged to act.

(C)Statement of fees received.All requests for reimbursement of fees must indicate how much the attorney was paid (including, in the case of marital claims, the amount the attorney received from the outstanding money, if any) and what provision, if any, was made. for future payment of attorney fees.

(D)Prohibition of Separate Fee Reimbursement Orders.Reimbursement of case determination fees will be included in the judgment or determination order.

Rule 4:42-10. search fees

(A)Allowed fees.In an enforcement action or tax deed, or for the division and sale of immovable property, the court or clerk may, in its sole discretion, charge all reasonable attorneys' fees and fees necessarily paid or incurred as part of the tax base. . expenses in obtaining the investigation in Reference to the title of the corresponding premises, provided that the minimum fee is US$75 and the maximum fee is US$500. However, if 1% of the amount owed by the author is greater than US$75 and less than $500, this 1% is the maximum fee. In the case of Tax Foreclosures of Tax Foreclosures of more than one installment, the rates provided for herein apply to each installment, except, however, for the Tax Foreclosures themselves under the terms of art.r4:64-7, the fee is $75 for each individual package, and the maximum fee prescribed herein does not apply. The court or clerk may also authorize the addition of all attorney fees and charges necessary to investigate unpaid taxes or municipal liens and necessary investigations for the listing officer to include in notices. Notices and conditions of sale may include: a Description of the property or interest for sale and the title and liens or liens thereon, as permitted by law.

(B)statement of fees; restrictions.Investigation fees will not be taxed unless the author or the author's attorney has provided a pre-tax affidavit detailing the fees and charges for which tax is sought and showing only actual fees incurred and including fees necessarily paid or incurred for the purpose of the investigation. Action. Without a court order, no search fees will be authenticated or assessed for searches related to title status or encumbrance prior to commencement of co-lease in probate proceedings or prior to mortgage date in foreclosure proceedings. For tax foreclosures where the plaintiff is not a municipality, a notice similar to that of ther4:42-9(a)(5) in requesting search fees.

Rule 4:42-11. Interest; Judgment Fee; in offense

(A)interest after judgment.Unless otherwise provided by court or law, judgments, judgments and orders for money, taxed expenses and attorneys' fees will be charged simple interest as follows:

(EU)For periods prior to January 2, 1986, the annual return is that previously provided for in this standard, that is, 6% for the period prior to April 1, 1975; 8% for the period from April 1, 1975 to September 13, 1981; and 12% for the period from September 14, 1981 to January 1, 1986.

(ii)For judgments that do not exceed the Special Civil Section dollar limit at the time of filing, regardless of which court the claim was filed: Beginning January 2, 1986 and for each calendar year thereafter, the annual interest rate is the average return, to the nearest one-half percent, for the relevant prior fiscal year ended June 30, of the State of New Jersey Cash Management Fund (Government Accounts), as reported by the Treasury Department of Investments UK, but the rate may not be less than 0.25%.

(iii)For judgments exceeding the Special Civil Section monetary limit at the time of registration: as provided in subparagraph (a)(ii) of this Bylaw prior to September 1, 1996; thereafter at the rate set forth in subparagraph (a)(ii) plus 2% per annum.

Post-trial interest may be included in calculating contingency attorney fees.

(B)illegal actsUnless otherwise provided by law relating to a public official or entity, and unless otherwise provided by law, in civil liability actions, including product liability actions, the court will include in the award simple interest, calculated as set forth below, from the date of collection . of the claim or from the date of 6 months after the occurrence of the cause of action, whichever is the later date, without prejudice to the fact that the court may exceptionally suspend the execution of the said loss interest. However, harmful interest is not awarded on the repayment of future economic losses. Loss interest will be calculated at the same rate and in the same manner provided in paragraph (a) of this Rule, except that for all periods prior to January 1, 1988, interest will be calculated at 12% per annum. Contingent attorney fees will not be calculated on the interest thus incorporated in the judgment.

New Jersey Court. A.4:42

Note: Source - R.R. 4:55-2; Amended July 16, 1981 to take effect September 14, 1981; amended November 1, 1985 to take effect February 1, 1986; Amended November 7, 1988 to take effect February 1, 1989; Amended on 5 August 2022 and split into paragraphs (a) and (b) to take effect on 1 September 2022.

Rule 4:42 – Judgment; Petitions; Damage; Cost, NJ Ct. A.4:42 (2023)

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