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Category Archives: Bergen County Bar Association

NOTICE: Clarifying that Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

     In response to the ongoing COVID-19 coronavirus pandemic and the need to adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”), the Court has entered orders, including Orders dated March 17, 2020 and March 27, 2020 (“Omnibus Order”), that inter alia extended deadlines and tolled time periods.

This Order is to clarify that the Court’s extension of deadlines and tolling of time periods as set forth in those earlier orders did not apply to pretrial detention filings, including appeals filed pursuant to Rule 2:9-13 (“Appeals from Orders Granting Pretrial Detention”), responses to those appeals, and motions for leave to appeal pursuant to Rule 2:5-6 (“Appeals from Interlocutory Orders, Decisions and Actions”).

To the extent that a party may have interpreted the tolling provisions of prior orders otherwise, that party may pursue an appeal and submit an accompanying motion to file as within time.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 9, 2020

Order – COVID-19 – Clarifying That Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals.pdf

NOTICE: Attorneys Required to File in JEDS For Dockets Not In eCourts

Author By J.G.Posted on

JUDICIARY ELECTRONIC DOCUMENT SUBMISSION (JEDS) SYSTEM-

ATTORNEYS REQUIRED TO FILE IN JEDS FOR DOCKETS NOT IN ECOURTS

     The Judiciary has launched a document submission system for court filings that are not currently being managed through our existing eCourts system. The Judiciary Electronic Document Submission (JEDS) system will enable attorneys (and self-represented litigants) to upload documents for filing and pay the appropriate filing fees by credit card. The system will be enhanced in the coming weeks to also accept payment by ACH transaction.

The JEDS system is the latest technology enhancement implemented as part of the Judiciary’s response to the COVID-19 crisis. It is intended to support continuity of our operations while our courthouses are closed to the public. Based on the need to provide this functionality as quickly as possible, the JEDS system will not be integrated with Judiciary case management systems. Rather, documents uploaded to JEDS will be placed in an electronic work basket, and the contents of the work basket will be reviewed and processed by court staff.

As noted, we have launched the first iteration of JEDS. In this first phase, JEDS will allow attorneys and self-represented litigants to submit their filings electronically in most areas of Family and Special Civil, as well as General Equity. We will add more case types to JEDS as we further develop the system.

     Attorneys: JEDS is not a replacement for eCourts. All attorneys must file in eCourts when the docket is in eCourts or in JEDS for all other matters, even for emergent applications, and must pay all appropriate fees.

     Self-Represented Litigants: Self-represented litigants can submit court forms and documents, for both non-emergent and emergent matters, and pay all appropriate fees, via JEDS. Self-represented litigants also can continue to submit emergent matters by email to the emergent matters email box that has been set up in each county.

Further information on JEDS will be posted and updated on the Judiciary’s public
webpage. Questions regarding the new JEDS system may be directed to
“[email protected]”.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: April 9, 2020

Notice – Judiciary Electronic Document Submission System (JEDS) – As Signed – dated 04-09-20.pdf

NOTICE: Permitting Electronic Service by Email on the State of New Jersey – Relaxation of Rule 4:4-4(a)(7)

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

     The New Jersey Department of Health (NJ DOH) and the Centers for Disease Control and Prevention (CDC) have recommended taking all possible steps to avoid person-to person contact during the COVID-19 coronavirus pandemic.

The Judiciary continues to follow the guidance of the NJ DOH and CDC by modifying and relaxing court operations to minimize the risk of spreading the COVID-19 virus.

Accordingly, it is ORDERED that effective immediately and until further order, pursuant to NJ. Const., Art. VI, sec. 2, par. 3, the provisions of Rule 4:4- 4(a)(7) of the Rules Governing the Courts of the State of New Jersey are relaxed and supplemented so as to permit electronic service of process by email on the State of New Jersey.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 7, 2020

Order – COVID-19 – Permitting Electronic Service by Email on the State of New Jersey – Relaxation of Rule 4_4-4(a)(7).pdf

NOTICE: Extension of Tax Appeal Deadlines

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

IT IS ORDERED that the March 19, 2020 Order of the Court extending the filing deadlines for certain tax appeals, which Order was reinforced in Section 5 of the Court’s March 27, 2020 omnibus order, is supplemented effective retroactive to March 19, 2020 so as:

  1. to clarify that the extension of filing deadlines applies to both state tax and controversies and local property tax appeals: and
  2. to provide that, as to property tax appeals to the New Jersey Tax Court from judgements issued by the county board of taxation in those counties participating in the Assessment Demonstration Program (L. 2013, c. 15), which at present includes Gloucester and Monmouth Counties, the filing deadlines as to complaints and counterclaims for such matters as set forth in Court Rules 8:4-1(a)(2) and 8:4-3(a) pursuant to N.J.S.A. 54:51A-1, to the extent that those deadlines have not already passed, are hereby extended to the later of: (a) May 1, 2020 or(b) 30 days following a determination that the State of Emergency declared under Executive Order No. 103 has ended.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 6, 2020

Order – Extension of Tax Appeal Deadlines – COVID-19 – Supplemental Clarifying Order.pdf

NOTICE: Sexual Assault Survivor Protection Act of 2015 – Procedure for Obtaining a Temporary Protective Order – Modified to Address COVID-19

Author By J.G.Posted on

NOTICE

     In response to the COVID-19 coronavirus pandemic, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations, consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control. Accordingly, the procedures for applying for a SASPA protective order have been temporarily modified.

As part of the new temporary procedures, the Judiciary created the attached application packet to be used by the plaintiff/victim or the parent of a victim to request a SASPA temporary protective order. A parent or guardian may file on behalf of the victim in any case in which the victim (1) is less than 18 years of age; or (2) has a developmental disability or a mental disease or defect that renders the victim temporarily or permanently incapable of understanding the nature of the victim’s conduct, including, but not limited to, being incapable of providing consent.

The packet, which also is posted on the Judiciary’s website (www.njcourts.gov), includes the required forms as well as instructions on how to complete the forms. Once the plaintiff has completed the forms in the packet, they must email them to the Family Division either in the county in which the victim resides, the county in which the defendant resides, or the county where the act occurred. The list of email addresses by each county to be used for this purpose is on page 5 of the Sexual Assault Survivor Protection Act Intake Kit (CN 12590). Family Division staff will promptly review the submitted paperwork that plaintiff has submitted and will contact the plaintiff to coordinate a time for a telephonic or video hearing on the application before a Superior Court judge.

If you are a victim of domestic violence and want to file for a domestic violence restraining order, please contact your local law enforcement agency.

Questions about this notice may be directed to the AOC’s Family Practice Division
at 609-815-2900 ext. 55350.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: April 2, 2020

Notice – Sexual Assault Survivor Protection Act of 2015 (SASPA) – Procedure for Obtaining a Temporary Protective Order – Modified to Address COVID-19 – Application Packet.pdf

***Please be advised this packet is intended to only be used during the COVID-19 crisis.***

NOTICE: Directive 10-20 – Process for Search Warrants and Communication Data Warrants in Response to COVID-19

Author By J.G.Posted on

Please follow the link below and the read the attached notice from Hon. Glenn A. Grant, J.A.D. of the Supreme Court of New Jersey published on April 1, 2020. This notice responds to the COVID-19 public health emergency in regards to the process for search warrants and communication data warrants.

Directive 10-20 – Process for Search Warrants and Communications Data Warrants in Response to COVID-19 – 04-01-20.pdf

NOTICE: Conducting MESPs by Telephone or Video & Temporary Suspension of DVEM Program

Author By J.G.Posted on

NOTICE TO THE BAR

FAMILY DIVISION – COVID-19 – (1) CONDUCTING MATRIMONIAL EARLY SETTLEMENT PANELS (MESP) BY TELEPHONE OR VIDEO; (2) TEMPORARY SUSPENSION OF DOMESTIC VIOLENCE ECONOMIC MEDIATION (DVEM) PROGRAM

In response to the COVID-19 coronavirus pandemic,  the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations, consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control.

(1) Matrimonial Early Settlement Panels (MESPs)

In accordance with the March 27, 2020 Supreme Court Omnibus Order continuing the postponement of all MESP sessions scheduled through April 26, 2020, counties beginning the week of April 27, 2020 will be prepared to have MESP panels handle dissolution (FM) cases remotely. This notice provides instruction and guidance on how to conduct remote Matrimonial Early Settlement Panel (MESP) events either by video or telephonically. The following steps should be taken, to the extent possible, to ensure that the MESP sessions are scheduled and conducted remotely: Read More

NOTICE: Continuing the Suspension of Court Proceedings, Extending Deadlines, and Timeframes

Author By J.G.Posted on

COVID-19 CORONAVIRUS – SUPREME COURT’S MARCH 27, 2020 OMNIBUS ORDER CONTINUING THE SUSPENSION OF COURT PROCEEDINGS AND EXTENDING DEADLINES AND TIMEFRAMES THROUGH APRIL 26, 2020

The Supreme Court on March 27, 2020 issued an omnibus order regarding the Judiciary’s response to the COVID-19 Coronavirus public health crisis.

Over the past few weeks, the Court entered a series of orders and notices suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this unprecedented emergency caused by the COVID-19 pandemic. The omnibus order extends numerous of those provisions – including the suspension of jury trials, Landlord/Tenant calendars, and all Municipal Court sessions – through April 26, 2020.

In addition to those continuations, the Court’s March 27 Order also takes a number of new steps. In Civil matters, the Order extends deadlines to additional areas, including for filing affidavits of merit in medical and professional malpractice cases and various types of discovery, and it tolls time periods for lack of prosecution dismissals and discovery end dates. Read More

SUPREME COURT: Omnibus Order on COVID-19 from Friday, March 27, 2020

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary has implemented various modifications to court operations, including an ongoing transition to video and phone proceedings instead of in-person appearances and related measures intended to minimize in-person contact and adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”).

In conjunction with those operational changes, the Court has entered a series of orders suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this public health crisis. Since the entry of those orders and notices, the effect of the COVID-19 corona virus has continued to increase exponentially, prompting emergency declarations at the national, -state, and county levels, and further disrupting the practice of law and the normal operations of the courts. The Court has reviewed its interim measures and determined that, in the interest of justice, the effective periods must be extended based on current restrictions on movement and activity recommended by the NJ DOH and CDC, as well as provisions of Executive Order 107 (March 21, 2020). Read More

NOTICE: Rule Relaxation Regarding “Courtesy Copies” of Civil Motion Papers

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary continues to implement all possible measures to apply social distancing in court operations consistent with the recommendations of the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”).

The Judiciary accordingly has closed comi buildings to the public and adjusted the operations of court offices to reduce the risk of exposure to or transmission of the virus.

Executive Order 107 (March 21, 2020) imposed strict limitations on the operations of “brick-and-mortar” businesses and required telecommuting to the greatest extent possible, causing law firms to transition expeditiously to remote work operations with few if any attorneys or staff working from their law firm offices. Read More

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