Civil Archives - Page 6 of 10 - Bergen County Bar Association

NOTICE TO THE BAR: DISCLOSURE OF TRAVEL TO IMPACTED STATE

By J.G.August 27, 2020August 28, 2020

The Bergen County Judiciary, in conjunction with the New Jersey Judiciary, is continuing to take preventive measures to reduce risks of exposure to and transmission of the COVID-19 coronavirus. We continue to handle as many matters as possible by telephone, Zoom or Teams platforms. However, during Phase II of operations certain in-person proceedings are being scheduled.

This is a reminder, especially during the peak of the vacation season, that should you have an in-person proceeding scheduled and have travelled to a quarantine impacted state as contained on New Jersey’s updated Quarantine Advisory, it is incumbent upon you to inform the court as soon as possible to allow for an appropriate quarantine time period.

Please know that you will not be permitted entry into the courthouse facilities until the required 14 day quarantine period has expired from the time of your last contact within the identified state.

We are being vigilant in our efforts to ensure the safety of all in the courthouse. Therefore, in addition to the disclosure of travel to an impacted state, you have an obligation to disclose whether you have experienced:

Fever (A Temperature of 100.4 degrees Fahrenheit or greater);
Symptoms (Cough, shortness of breath, difficulty breathing, chills, sore throat, muscle aches and pains, loss of taste or smell, any other unexplained illness);
Close contact with anyone who has exhibited any of these symptoms; or
Whether someone in your household or someone you have been in close contact that has tested positive for COVID-19 (Close contact with an infected person means within 6 feet for 10 minutes or more).

Your cooperation in keeping our courthouse safe for all who enter is much appreciated.

/s/ Bonnie J. Mizdol, A.J.S.C.

Dated: August 26, 2020

NOTICE: Motion Calendar Changes

By J.G.August 14, 2020August 14, 2020

The new clerks will begin their 53 weeks of service on August 25^th. There will be overlap of law clerks from August 25^thto August 31^st.

Due to the change in the date for the Bar Examination, now October 5^th and 6^th, the new clerks will be off from September 28^th through October 2^nd to study and the additional two days for the exam on October 5^th and 6^th.

Because the rescheduling of the Bar impacts motion calendars, the motion calendars will be adjusted as follows:

Original Dates New Dates

August 7^th August 7^th to remain the same

August 21^st August 28^th to allow for a motion day overlap

September 4^th September 11^th to allow new clerks to prepare 1^st motion calendar

September 18^th September 25^th

October 2^nd October 16^th to allow law clerks to study and take the exam

October 30^th October 30^th to remain the same

NOTICE: Special Civil Part – Landlord/Tenant Matters During COVID-19

By J.G.July 29, 2020

***Disclaimer – The Full Order and All Attachments are attached in the link below for your review.***

As a result of the COVID-19 pandemic, many efforts have been and continue to be made to assist landlords and tenants affected by the public health crisis and remove barriers to justice. The Judiciary is implementing a multifaceted plan for improving the handling of Landlord/Tenant (LT) cases from the outset, including by providing litigants with information and resources. Our primary goal is to assist litigants in resolving their matters, not dispose of cases through trial or default. No party will be pressured into settling their case.

The Judiciary has engaged with tenant advocates as well as landlord representatives to create the attached informational materials that will be distributed to all parties in LT cases. In addition, every vicinage, in coordination with their Diversity, Inclusion and Community Engagement Committees and Ombudsmen, is organizing virtual LT outreach events to provide litigants and others with up to date information on current court operations. Those outreach events, conducted in partnership with key stakeholders, will highlight local community resources that provide legal, financial, and other forms of assistance relating to rental housing and mortgage payments.

This Directive sets forth the requirements of newly implemented LT case management steps, procedures, and forms for (1) service of complaints and conferences; (2) CARES Act certification of compliance; and (3) Order to Show Cause process for LT trials in limited circumstances.

NOTICE: Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments

By J.G.July 28, 2020

The Supreme Court has issued its Seventh Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This July 24, 2020 Seventh Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote depositions, and electronic service on the State of New Jersey. It also concludes certain blanket suspensions and extensions (including as to discovery involving experts, affidavits of merit, relaxation of Rule 4:86 regarding guardianships of incapacitated persons, and depositions and appearances by medical professionals) while permitting extensions based on the facts and circumstances of an individual case.

The July 24, 2020 Seventh Omnibus Order includes the following key provisions:

Jury Trials. Authorizing new jury selections and new jury trials starting on or after September 21, 2020, with selections to be conducted in a primarily virtual format and trials to be conducted in person with social distancing, consistent with the Court’s July 22, 2020 Order;
Grand Jury. Providing for the virtual selection of new grand jury panels on or after September 21, 2020;
Criminal. Continuing excludable time provisions through September 20, 2020;
Special Civil Part. Clarifying that Special Civil Part (DC) and Small Claims (SC) proceedings including trials can be conducted remotely with or without consent;
Family – Quasi-Criminal. Providing that Family quasi-criminal (FO) trials shall proceed remotely only with the consent of the parties, and in the absence of consent such matters will proceed in person;
Family – Domestic Violence. Amending Phase 2 of the Judiciary’s Post Pandemic Plan to allow applicants seeking a domestic violence restraining order to appear at court without an appointment; and
Municipal Courts. Confirming that Municipal Court sessions will be conducted primarily using remote technologies, although in limited circumstances in-person sessions may be conducted, including for complex matters such as DWI trials and certain cases involving a consequence of magnitude.

Questions about this notice or the Court’s Seventh Omnibus Order may be directed to the Office of the Administrative at the Courts at (609) 376-3000.

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

Acting Administrative Director of the Courts

Dated: July 24, 2020

NOTICE Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments.pdf

NOTICE: Criminal and Civil Jury Trials to Resume Incrementally Using a Hybrid Process With Virtual (Video) Jury Selection and Socially Distanced In-Person Trials

By J.G.July 23, 2020

The Full Order and Notice is attached below for your convenience.

The Supreme Court has authorized the incremental resumption of new Civil and Criminal jury trials, which have been suspended for more than four months because of the ongoing COVID-19 pandemic. Attached to this notice are the Court’s July 22, 2020 Order and the Report on Resuming Jury Trials.

Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem will be the first Vicinages to resume certain jury trials, beginning with Criminal trials involving a single detained defendant. Over the coming months, trials will gradually resume in all counties and will expand to include Civil as well as Criminal cases.

Overview

NOTICE: Landlord/Tenant Pre-Settlement Conference Instructions

By J.G.July 20, 2020

On July 14, 2020, the Supreme Court issued an Order requiring certain procedures to support the resumption of landlord/tenant case processing during the ongoing COVID-19 crisis. The Order requires the courts to schedule conferences to obtain or confirm contact information from the parties and to conduct settlement negotiations in an effort to resolve matters while landlord/tenant trials continue to be suspended. Complaints subject to the CARES Act filed between March 27, 2020 and July 24, 2020 will be dismissed.

In order to ensure settlement conferences will address only appropriate active cases, Landlords shall do the following:

CARES Act Cases: Voluntarily dismiss without prejudice any landlord/tenant case subject to the CARES Act that was filed between March 27, 2020 and July 24, 2020.
NON-CARES Act Cases: Advise the Clerk’s office at (201) 221-0700 ext. 25310 of all cases that have been settled or voluntarily dismissed.
Communications regarding dismissals shall be filed via JEDS.

Upcoming Landlord/Tenant Virtual Informational Conference

Bergen County Vicinage wishes to announce it will be conducting a Landlord Tenant Virtual Informational Conference that will be open to the public to discuss dispute resolution processes and various services available to Bergen County residents with a special focus on resources for landlords and tenants. Additional information will be forthcoming prior to the scheduling of the conference.

/s/ Hon. Joseph G. Monaghan, J.S.C.

NOTICE: Amendment to Landlord/Tenant Summons and Complaint Forms; Interim Rule Relaxations; and Authorization to Apply for Order to Show Cause in an Emergency

By J.G.July 16, 2020

The Full Notice is Available for your full review in the link below.

By Order dated July 14, 2020, the Supreme Court has authorized several steps to support the resumption of landlord/tenant case processing during the ongoing COVID-19 crisis.

Background

The COVID-19 pandemic forced the New Jersey courts to transition from in-person to remote proceedings and to suspend landlord/tenant trial calendars as of March 16, 2020. Over the past four months, a significant number of landlord/tenant complaints have been docketed and have not yet been served on tenants. Additional cases that were pending as of March 16, 2020 have yet to be resolved. An influx of new landlord/tenant complaints also is anticipated when the relief provided by the federal Coronavirus Aid, Relief, and Economic Security (CARES Act), 15 U.S.C. 9001 et seq., expires on July 25, 2020.

Current circumstances require the New Jersey courts to implement a cohesive strategy for landlord/tenant cases pending service and landlord/tenant cases pending trial. To that end, with input from tenant advocates and landlord representatives, the Court has authorized both permanent and interim measures to support the resumption of service of landlord/tenant complaints and the scheduling of settlement conferences while landlord/tenant trials remain suspended. Those measures are critical to facilitating the best possible outcomes for tens of thousands of New Jersey residents who face potential loss of housing in the coming months.

NOTICE: Procedures for Writs and Warrants of Removal that Have Expired During the COVID-19 Pandemic

By J.G.July 16, 2020

This notice provides clarification of the procedures required where certain writs have expired during the COVID-19 pandemic. This notice does not apply to goods and chattel writs of execution or wage executions issued by the Special Civil Part. This notice does apply to all other writs of execution and foreclosure writs of possession (hereafter referred to as writ(s)) and warrants of removal issued by the Superior Court and the Superior Court Clerk’s Office.

Where a writ has expired, the requesting party is required to obtain a new writ. There is no extension of time for expired writs. Attorney requests for writs must be submitted through eCourts (where applicable) or JEDS in accordance with the Supreme Court’s April 24, 2020 Order.

A landlord-tenant warrant of removal must be issued within 30 days of entry of a judgment for possession or executed within 30 days of issuance, pursuant to Rule 6:7- 1(d). Read More

NOTICE: COVID-19 Protocols for Special Civil Part Officers

By J.G.July 13, 2020

The New Jersey courts are continuing to establish interim protocols for court operations during the COVID-19 pandemic, including by prescribing health and safety precautions to minimize risks during necessary in-person interactions. Special Civil Part Officer responsibilities include various in-person functions, including serving summonses and complaints in landlord/tenant actions; serving and executing warrants for removal; and serving goods and chattel writ executions, wage executions, and other process. This Supplement to Directive #01-15 (“Special Civil Part Officers”) provides standards for conducting those important duties during COVID-19.

Special Civil Part Officers routinely enter Judiciary facilities, which are subject to occupancy and conduct requirements established by the Supreme Court. In performing their duties, however, Special Civil Part Officers spend most of their time in other locations, including residential and commercial locations that currently are subject to restrictions on social interactions established by various Executive Orders. Read More

NOTICE: Fifth Omnibus Order on Court Operations and Legal Practice

By J.G.June 29, 2020June 29, 2020

The Supreme Court has issued its Fifth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This June 25, 2020 Fifth Omnibus Order follows the format of the earlier Omnibus Orders. It continues certain suspensions and extensions through July 12, 2020 and affirms that other provisions remain in full force and effect.

The Fifth Omnibus Order concludes the restrictions on the Office of Foreclosure as established in earlier Omnibus Orders, meaning that in addition to non-dispositive motions (e.g., motions to substitute plaintiff, motions to enter default, motions for surplus funds and motions to correct defendant), the Office of Foreclosure now may recommend judgments or dispositive motions received on or after March 1, 2020.

As the COVID-19 pandemic continues and based on developments in the coming weeks, the Court will revisit the provisions of the Fifth Omnibus Order and make adjustments as appropriate.

Questions about this notice or the Court’s Fifth Omnibus Order may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.