NOTICE TO THE BAR

The Supreme Court Omnibus Order on COVID-19 issues, entered March 27, 2020, in response to the growing health crisis worldwide involving the COVID-19 coronavirus, affirmed, continued, or supplemented provisions established in a series of prior orders, including the Court’s prior March 17, 2020 Order, which were necessitated as part of the Judiciary’s response to the COVID-19 pandemic. The Omnibus Order extended a number of deadlines and tolled time periods. This notice provides guidance as to the effect of the Omnibus Order on specific Appellate Division practices and procedures. Read More

MESSAGE FROM THE BCBA PRESIDENT

I am happy to report that Governor Murphy has recently signed into law A.3903 as amended, which allows notaries, attorneys, and other officials in New Jersey to perform notarial acts remotely using technology. The legislation is now in effect and will remain in effect throughout the duration of the COVID-19 health emergency.

The Association recognized the importance of this legislation many weeks ago and has been working with Bergen County’s Senate Delegation and the State’s Division of Revenue to encourage it’s adoption. Our Officers and Board of Trustees held its first video conference meeting last week to approve my letter urging our legislative representatives to approve the bill.

This law will now enable many of our members to effectively represent the vital interests of their clients in a variety of practice areas. Though we had urged a sunset period to coincide with the COVID-19 public health emergency, the revised legislation still requires recordings of notarial acts to be retained for ten years. I urge BCBA members to review the legislation and let us know if further refinement is necessary to otherwise effectuate its intent during the COVID-19 public health emergency. A copy of the approved legislation is attached for your information.

Please stay safe and healthy.

Warmest personal regards,
Joe”

Assembly, No. 3903_STATE OF NEW JERSEY 1R.pdf

Tax Deadlines and the Pandemic

Strange world we’re living in at the moment. As a public service, the Tax Law Committee would like to set forth what the IRS has done recently with regard to tax deadlines in the face of the pandemic. Here they are:

Filing and paying deadline: For all taxpayers who file and pay their income taxes by April 15, the new deadline is July 15. This applies to all individual returns, trusts and corporations. No extension request is necessary. If you cannot file by July 15, file a Form 4868 to get an
extension to October 15. Remember – getting an extension to file does not extend the time to pay, which will remain at July 15. There is a limit on how much can be deferred: up to $1 million for individuals and $10 million for corporations.

Read More

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 TO THE BAR

New Jersey Judiciary Launches Expanded Electronic Filing System

   The New Jersey Judiciary has expanded its court filing system to better accommodate attorneys and self represented litigants during the COVID-19 health emergency. The Judiciary Electronic Document Submission (JEDS) system allows attorneys and self-represented litigants to submit their filings electronically in most areas of the family and special civil parts as well as general equity. The Judiciary will continue to add case types as the system is developed further. While the JEDS system was in development before the pandemic, it has been made available sooner in light of the courts’ suspension of most in-person proceedings and matters to prevent the spread COVID-19. The link to JEDS is through the njcourts.gov website at https://njcourts.gov/selfhelp/jeds.html

Please know that you can continue to utilize eCourts for most divisions and you can still mail documents to the courthouse. If you need to drop off documents, there still is a drop box located in the lobby of the Court Street entrance in front of the security office. Documents are picked up a few times a day from the drop box.

Please note that the most up to date information about the Judiciary can be found online at njcourts.gov.

/s/ Laura Simoldoni

Trial Court Administrator

Dated: April 9, 2020

NOTICE TO THE BAR_JEDS.pdf

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
“JEDSSupport.mailbox@njcourts.gov”.

/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

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 TO THE BAR

     As you know, there are currently no in-person court proceedings, except for limited emergent matters, because of concerns related to COVID-19. The most up to date information about the Judiciary can be found online at njcourts.gov. In the event you have an emergent matter in the Bergen Vicinage please call our main telephone number (201) 221-0700.

For Family Division matters per docket type please use the following extensions:

  • DV Matters – 25168
  • FM Matters – 25237
  • FJ Matters – 25205
  • CIC Matters – 25216
  • For Criminal Division Trial matters please call either extension 25007 or 25008.
  • For Pretrial matters call extension 25009.
  • For Civil Division matters please use the following extensions: 25722
  • For Child Support matters, please call (877) 655-4371.
  • For the Finance Division please call extension 25135 or 25136.

These extensions are being constantly monitored. In the event you leave a voice mail message, you will receive a call back from staff.

Please know that you can continue to utilize eCourts for most divisions and you can still mail documents to the courthouse. If you need to drop off documents, there is a drop box in the lobby of the Court Street entrance located in front of the security office. Documents are picked up a few times a day from the drop box.

Dated: April 7, 2020

/s/ Laura Simoldoni

Trial Court Administrator

Notice to the Bar.pdf

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

The Civil Division continues to operate although the Courthouse is closed to the public. The Division staff has been directed to work remotely. eCourts is fully functional, and the Bar is not restricted from filing and opposing motions timely. The Bar is directed to the Supreme Court’s instructions as to the status of courtesy copies. All civil judges will be adjudicating motions on 4/9/20, and are conducting oral argument telephonically; some remotely, some from their courtrooms.

The digital drop box established by the AOC is designed for Divisions not fully integrated into eCourts, and litigants without access to eCourts. Therefore, the emergent digital dropbox is not to be used for cases in the eCourts system.

Judge Monaghan is conducting Special Civil Part matters as much as practical, and is initiating settlement conferences by affirmatively reaching out to counsel in that Division. Law Division judges are actively engaged in settlement conferences on cases expected to be listed for trial in April, as well as cases listed for pretrial settlement conferences. Counsel are encouraged to be responsive to those calls from the court. Counsel are encouraged to initiate settlement discussions among themselves, and are free to seek assistance from civil division judges.

Civil Commitments hearings are proceeding using remote technology, on 4/9/20, and beyond.