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Category Archives: New Jersey Supreme Court and Administrative Office of the Courts

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

     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.***

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 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

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 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

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

SUPREME COURT OF NEW JERSEY

In response to the still expanding public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary continues to modify court operations to the fullest extent possible in accordance with the recommendations of the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”).

The COVID-19 pandemic has resulted in a critical need for the uninterrupted services of many doctors, nurses, and healthcare professionals.

Recognizing that critical need, it is ORDERED that effective immediately through Sunday, April 26, 2020, all depositions of and all required appearances for any doctors, nurses, or other healthcare professionals who are involved in responding to the COVID-19 public health emergency are suspended, except for appearances and depositions (i) that are requested by the doctor, nurse, or healthcare professional; or (ii) that are for matters related to COVID-19.

For the Court

/s/ Stuart Rabner

Chief Justice

Dated: March 24, 2020

This matter having come before the Court on the request for relief by the Office of the Public Defender (see attached letter dated March 19, 2020), seeking the Court’s consideration of a proposed Order to Show Cause (see attached) designed to commute or suspend county jail sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction; and

The Court, on its own motion, having relaxed the Rules of Court to permit the filing of this request for relief directly with the Supreme Court, based on the dangers posed by COVID-19, and the statewide impact of the nature of the request in light of the Public Health Emergency and State of Emergency declared by the Governor. See Executive Order No. 103 (2020) (Mar. 9, 2020);

And for good cause shown; it is Read More

The Supreme Court issued an order late Sunday night that will suspend or commute county jail sentences for low-risk inmates in light of the public health emergency caused by coronavirus COVID-19.

The order commutes or suspends county jail sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction. It directs their release no later than 6 a.m. Tuesday.

The Supreme Court on Friday relaxed the rules of the court to accept a petition from the Office of the Public Defender in response to concerns about the spread of COVID-19 in county jails. Read More