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Order To Show Cause Summary Action (Form And Sample) Form. This is a New Jersey form and can be use in Civil Division Statewide.
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Tags: Order To Show Cause Summary Action (Form And Sample), 10704, New Jersey Statewide, Civil Division
OSC AS ORIGINAL PROCESS – SUMMARY ACTION
PURSUANT TO R 4:67-1(A)
FAMILY PART R. 5:4-3(b)
SUBMITTED WITH NEW COMPLAINT
SUPERIOR COURT OF NEW JERSEY
___________ DIVISION _____________ COUNTY
_____________ PART
Docket No.:
Plaintiff(s),
CIVIL ACTION
v.
ORDER TO SHOW CAUSE
SUMMARY ACTION
Defendant(s).
THIS MATTER being brought before the Court by ___________________, attorney for
plaintiff, ___________________, seeking relief by way of summary action pursuant to R. 4:671(a), based upon the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary proceeding
pursuant to ______________________________________________________________ and for
good cause shown.
IT IS on this _______ day of ________________, 20___, ORDERED that the
defendant,
________________________________________, appear and show cause on
the ______ day of _____________, 20___ before the Superior Court at the ___________________
County Courthouse in _____________, New Jersey at _____ o’clock in the _____noon, or
as soon thereafter as counsel can be heard, why judgment should not be entered for:
A. ___________________________________________________________________;
B. ___________________________________________________________________;
C. ___________________________________________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1.
A copy of this order to show cause, verified complaint and all supporting
affidavits or certifications submitted in support of this application be served upon the
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defendant,
personally
_______________________________________________
within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being
original process.
2.
The plaintiff must file with the court his/her/its proof of service of the pleadings
on the defendant
no later than three (3) days before the return date.
Defendant
3.
shall file and serve
or a motion returnable on the return date
a written answer, an answering affidavit
a written answer, appearance or response
to this order to show cause and the relief requested in the verified complaint and proof of
service of the same by _______________, 20___.
The answer, answering affidavit or motion
The answer, appearance or response, as the case may be, must be filed with the Clerk of the
Superior Court in the county listed above and a copy of the papers must be sent directly to the
chambers of Judge _____________________.
4.
The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
If the defendant does
5.
not file and serve opposition to this order to show
cause, the application will be decided on the papers on the return date and relief may be granted
by default, provided that the plaintiff files a proof of service and a proposed form of order at least
three days prior to the return date.
6.
If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
Defendant
7.
against
you
take notice that the plaintiff has filed a lawsuit
against
the estate of ______________________________________________ in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit.
If you dispute this complaint, you, or your attorney, must file
a
written answer, an answering affidavit or a motion returnable on the return date to the order to
show cause
a written answer, appearance or response and proof of service before the return
date of the order to show cause.
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These documents must be fled with the Clerk of the Superior Court
in the county listed
above. A list of these offices is provided. Include a $ _________ filing fee payable to the
“Treasurer State of New Jersey
copy of
Surrogate of ____________ County.” You must also send a
your answer, answering affidavit or motion
your answer, appearance or response
to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if no
attorney is named above. A telephone call will not protect your rights; you must file and serve
your answer, answering affidavit or motion (with the fee) or judgment may be entered against
you by default.
8.
If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9.
The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
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OSC AS ORIGINAL PROCESS – SUMMARY ACTION
PURSUANT TO R 4:67-1(A)
FAMILY PART R. 5:4-3(b)
SUBMITTED WITH NEW COMPLAINT
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name],
Docket No.:
Plaintiff(s),
CIVIL ACTION
v.
[Insert the defendant’s name],
ORDER TO SHOW CAUSE
SUMMARY ACTION
Defendant(s).
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action pursuant to R. 4:671(a), based upon the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary proceeding
pursuant to [insert the statute or court rule that permits the matter to be brought as a summary action] and for
good cause shown.
IT IS on this ______ day of ________________, 20__, ORDERED that the [defendant(s)
or alternate: parties in interest], [insert defendant’s or parties in interest name(s)], appear and show cause
on the ________day of ____________________, 20___ before the Superior Court at the
_______ County Courthouse in _____________, New Jersey at _____ o’clock in the _____
noon, or as soon thereafter as counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1.
A copy of this order to show cause, verified complaint and all supporting
affidavits or certifications submitted in support of this application be served upon the
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[defendant(s) or alternate: parties in interest], [personally or alternate: describe form of substituted
service] within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being
original process.
2.
The plaintiff must file with the court his/her/its proof of service of the pleadings
on the [defendant(s) or alternate: parties in interest] no later than three (3) days before the return
date.
3.
[Defendant(s) or alternate: Parties in interest] shall file and serve a written answer,
[an answering affidavit or a motion returnable on the return date] [Family Part alternate: appearance
or response] to this order to show cause and the relief requested in the verified complaint and
proof of service of the same by _________________, 20__. The answer, [answering affidavit or
a motion] [Family Part alternate: appearance, response], as the case may be, must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the papers must be sent
directly to the chambers of Judge _____________________.
4.
The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
5.
If the [defendant(s) or alternate: parties in interest], do/does not file and serve
opposition to this order to show cause, the application will be decided on the papers on the return
date and relief may be granted by default, provided that the plaintiff files a proof of service and a
proposed form of order at least three days prior to the return date.
6.
If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
7.
[Defendant(s) or alternate: parties in interest] take notice that the plaintiff has filed a
[lawsuit] [Family Part alternate: divorce action] against [you][the estate of _________] in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer, [an answering affidavit or a motion returnable on the return date to the order to show
cause] [Family Part alternate: appearance or response] and proof of service before the return date of
the order to show cause.
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These documents must be fled with the Clerk of the Superior Court [Surrogate] in the
county listed above. A list of these offices is provided. Include a $ ________ filing fee payable
to the “Treasurer State of New Jersey [Surrogate of ________ County].” You must also send a
copy of your answer, [answering affidavit or motion] [Family Part alternate: appearance or
response] to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if
no attorney is named above. A telephone call will not protect your rights; you must file and
serve your answer, [answering affidavit or motion] [Family Part alternate: appearance or response]
(with the fee) or judgment may be entered against you by default.
8.
If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9.
The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
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ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
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MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
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