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RELATED DOCUMENTS:
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior


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 Opposition to Motion for Summary Judgment

 

 Superior Court of New Jersey
 Bergen County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 TIMING

Opposition Papers-Ten (10) Days Before Return Date

Opposing affidavits, certifications, briefs, and cross-motions for summary judgment, if any, must be served and filed at least more...   

 RULES & REQUIREMENTS

Legal Standard

Summary judgment may be granted where the pleadings, depositions, answers to interrogatories, and admissions on file, together with the more...

"Genuine Issue of Fact" Defined

An issue of fact is genuine only if, considering the burden of persuasion at trial (and making all more...

 OPPOSITION PAPERS

Respond in Writing

A response to a motion must be made in writing. . more...

Without Opposition Motion Uncontested

The motion shall be deemed uncontested and there shall be no right to argue orally in opposition unless more...

Cross Motions

Any cross-motions must be filed and served with the response and noticed for the same date. . more...

Brief in Support of Motion for Summary Judgment

Briefs must be filed at the same time as the moving, opposing, or reply papers. . Briefs may not be submitted at a later time, without leave of court. more...

File Responding Statement with Specific Denials

A party opposing a motion for summary judgment must file a written responding statement admitting or disputing each more...

Movant's Statements Admitted Unless Denied

The motion will be deemed uncontested and there will be no right to argue orally in opposition unless more...

Additional Facts May Raise Genuine Issue

An opposing party may also include in the responding statement additional facts that the party contends are material more...

Facts Unavailable to Oppose Motion

If it appears from affidavits submitted that the party was unable to present by affidavit facts essential to more...

Citations to Authority

The Rules Governing the Courts of the State of New Jersey may be cited two ways, as "N.J. more...

Request for Oral Argument

No motion will be listed for oral argument unless a party requests oral argument in the moving papers more...

Signature

The response papers must be signed and dated by the attorney of record or the attorney's associate. more...

Effect of Signing, Filing, or Advocating a Paper

The signature constitutes a certificate that the signatory has read the paper; certifies that to the best of more...

Additional Formatting Requirements

Bergen County Superior Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Proposed Form of Order

In practice, an alternate form of order is usually served with the response to motion, though the rules more...

 Evidence

Prove Genuine Issue for Trial

A party opposing summary judgment may not rest on allegations or denials of the pleading, but must respond more...

Exhibits May Be Incorporated By Reference

Exhibits to a pleading or paper may be incorporated by reference in a different part of the same more...

Exception

Copies of bonds, mortgages, tax sale certificates, and assignments thereof should not be annexed to complaints in actions more...

Failure to Attach Exhibits

Where a pleading refers to a document or paper that is not annexed thereto or recited verbatim therein, more...

Written, By Affidavit or Certification

Facts not appearing of record or judicially noticeable must be presented to the court by affidavit or certification more...

An affidavit submitted in support of a motion or opposition must be filed and served with the motion more...

Affidavits

Form and Content of Affidavits

Affidavits are written in the first person, headed with a caption and divided into numbered paragraphs.The caption includes a designation of the particular proceeding the affidavit supports or opposes and the original date, more...

Certification in Lieu of Oath

In lieu of the affidavit, oath or verification required by the New Jersey Rules, the affiant may submit more...

If the affiant is not available to sign a certification, it may be filed with a facsimile . 9/1/14). more...

Every affidavit or certification shall be filed with an original signature, except that a copy may be

Affidavits Must Be On Personal Knowledge

Affidavits of parties and witnesses must be made on personal knowledge, setting forth only facts that are admissible more...

Affidavits Made in Bad Faith to Support or Oppose Motion

If the court finds that an affidavit in support or opposition to a motion for summary judgment was more...

Certified Copies of Papers

Affidavits may have annexed thereto certified copies of all papers or parts thereof referred to therein. . more...

Certification in Support of Motion

To the extent the certification serves as evidentiary support for facts, these facts should be within the personal more...

 FILING & SERVICE

Filing

Required

The response papers must be filed with the clerk of the court in the county of venue. more...

Method

Bergen County Superior Court SmartRules procedural guide: FILING DOCUMENTS. more...

Certificate of Service

Proof of service must be filed "before action is to be taken the matter by the court." more...

Service

Required

All pleadings subsequent to the complaint must be served upon all attorneys of record in the action; but more...

Timing

Response papers with all supporting affidavits and papers must be filed and personally served at least eight (8) more...

Method

Bergen County Superior Court SmartRules procedural guide: SERVICE OF PAPERS. more...

 HEARING & DISPOSITION

Inform the Court of Settlement or Withdrawal

If the motion is withdrawn or the matter settled, counsel must inform the court. ; . more...

Oral Argument: Civil Motions

A motion will not be listed for oral argument unless the moving or opposing party requests it in more...

Telephonic Appearance

The court in civil matters, on its own motion or on a party's request, may direct argument of more...

Sanctions for Failure to Attend

If, without just excuse or because of failure to give reasonable attention to the matter, no appearance is more...

Sanctions for Adjournment of Hearing

If, without just excuse or because of failure to give reasonable attention to the matter, an application is more...

Findings of Fact/Conclusions of Law in Support of Order

If the court makes findings of fact and conclusions of law explaining its disposition of the motion, the more...

If the motion was argued and the court intends to place its findings on the record at a more...

If no such findings have been made, the court shall append to the order a statement of reasons more...

Motion for Amendment of Findings

A motion for amendment of the Court's findings may be made within twenty (20) days after service of more...

 Effect on Trial

Court May Render Summary Judgment on Any Issue

A summary judgment or order may be rendered on any issue in the action (including the issue of more...

Order Limiting Factual Controversy

If judgment is not rendered upon the whole action or for all the relief asked and a trial more...

Order for Trial

If it appears to the court at the hearing of the motion that the case may be fully more...

Partial Summary Judgment as to Damages

The rules permit partial summary judgment for payment of a certain sum constituting less than all of a more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior
New Jersey - Bergen Superior