Our attorneys have been featured in these media sources among others
Top Reasons To Hire Us
Learn the Top 10 reasons to hire our employment law firm
How We Can Help You
Click to see what sets us apart »
Recent Case Results
Learn about our recent employment cases
Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC settled a personal injury case for $97,500. The plaintiff sustained injuries to her neck and wrists when her automobile was struck in the rear by another vehicle that failed to yield the right of way at the intersection. The negligent party only maintained $15,000 … Continue reading $97,500 Personal Injury Settlement
Without jurisdiction over both the subject matter of the case and the defendant(s), a court may not proceed. The New Jersey Constitution gives the Superior Court subject matter jurisdiction over virtually all types of cases. N.J. Const., Art. VI 3, 2; see Chapter I. In general, the Law Division of Superior Court has subject matter … Continue reading What courts have jurisdiction in New Jersey?
The New Jersey Court Rules address venue very specifically. R. 4:3-2 discusses which county is the proper place to file a case. R. 4:3-1 contains directions as to whether the Law Division or the Chancery Division is appropriate. In general, venue is proper in the county in which the cause of action arose, or in … Continue reading How is venue determined in New Jersey?
Factual Allegations Every claim for relief “shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement.” R. 4:5-2. The Rules require that “[e]ach allegation of a pleading shall be simple, … Continue reading What does a complaint contain in New Jersey?
Every complaint that is to be served must be accompanied by a summons. The summons must be issued within ten days of the filing of the complaint. R. 4:4-1. Failure to issue the summons timely may result in the dismissal of the case without prejudice, though dismissal is quite rare unless the defendant is prejudiced … Continue reading What is a summons?
After complaint served defendant must file an answer. Under R. 4:6-2, every defense, legal or equitable, in law or fact, to an affirmative claim must be asserted in the answer. Certain defenses, however, may at the option of the pleader be asserted by motion, with briefs. These defenses are (a) lack of jurisdiction over the … Continue reading What is an answer?
There are essentially six methods of discovery permissible under R. 4:10-1: (1) interrogatories, (2) document requests, (3) inspection of property and other things, (4) physical and mental examinations, (5) requests for admissions and (6) depositions. Each will be considered in turn. However, before considering particular discovery devices, it is essential to understand the scope of … Continue reading What is discovery in New Jersey?
Depositions are the most important method of pretrial discovery. A deposition permits you to question a witness under oath to obtain facts, with minimal interference from your adversary. Unlike answers to interrogatories, which are often crafted by attorneys, a deponent must answer your questions without any assistance from his lawyer at the deposition. As a … Continue reading What are depositions in New Jersey?
A motion is a request that the court enter an order. The types of motions that may be filed are limited only by the creativity of counsel, though certain kinds of motions are expressly authorized by Court Rules. Many of these motions have been mentioned in other sections of this book, E.g., R. 4:6-2 (motions … Continue reading What are motions?
They key documents in connection with any motion are those that support the motion and explain why it should be granted. Some motion, Court Rule, must be supported with a brief. E.g. R. 4:46-2(a) (motion for summary judgment “shall be served with briefs”). On all other motions, briefs are optional. Discovery and other relatively routine motions … Continue reading What are the key documents in connection with any motion?
Call for a Free Initial Consultation
(908) 561-5577
Call Now! 24/7
Click to Email