How Is a NJ Breach of Contract Case Handled in the Courts of NJ?  

You’ve tried to resolve your contract dispute but it appears that your contract differences will go to court.

Now what happens:

No two cases are alike and procedures vary with the complexity of the contract issues involved. The following is a very general outline of the stages of a NJ breach of contract case.

The Filing of a Civil Action Complaint

Every case in NJ begins with the filing and service of a Complaint and Summons in the Superior Court of New Jersey. The Complaint will contain one or more contract claims such as "Breach of Contract" or "Fraud".

Service of Complaint

After the Summons and Complaint have been filed with the court, they must be properly served upon the defendant(s) so they have legal notice of the lawsuit.

Response to Complaint

The Defendant(s) has a limited number of days after service of the Complaint to file an Answer to the Complaint and any Counterclaim to the Complaint alleging damages against the plaintiff.

Discovery

Once the Complaint, Counterclaim and Answer have been filed both parties commence "discovery".  Discovery in NJ is when evidence necessary to prosecute both sides of the case is gathered. Depending on the nature and complexity of the case, one or more of the following discovery devices may be used by the parties:

       Interrogatories: Written questions which must be answered

          under oath.

       Request for Production of Documents: Demands for

          production of documents by the parties involved.

       Requests for Admissions: Requires a party to admit or deny

          the allegations of the Complaint or Answer.

       Deposition(s): The parties may be required to appear in the

          opposing attorney's office to answer questions under oath in

          front of a court reporter. Depositions can also be taken from 3rd

          parties who are fact witnesses or experts.

       Subpoena Documents from Third Party: Documents may be

          subpoenaed from 3rd parties such as banks and employers.

Trial Setting

Throughout the case the courts in New Jersey will set a series of settlement and Case Management Conferences including a non-binding mediation session with a NJ Supreme Court approved civil case mediator which is to be attended by the attorneys and the parties to the case. These conferences are designed to either settle the NJ contract dispute or determine when the case is ready for trial. When the court feels that a case is ready for trial, it will set the date for trial and make orders concerning completion of discovery and final preparation for trial.

Settlement Negotiations in a New Jersey Contract Case

Settlement negotiations may proceed throughout the case. Often the court will require the parties to mediate the issues or will set a "Mandatory Settlement Conference" before the trial date. Settlement negotiations general become more intense as the trial date approaches.

Trial of a NJ Contract Case

The vast majority of NJ contract cases settle before trial. However if the parties cannot settle the case, the only way to resolve the dispute is by way of trial before a judge and jury or if acceptable to the parties a judge alone.

Fees & Costs in a NJ Breach of Contract Case

Litigation costs in NJ can be substantial.  Included in the costs of litigation are filing fees, discovery costs, attorney fees, expert charges, fees for trial and evidence production costs.

New Jersey Contract attorney serving these New Jersey Counties:

Monmouth County, Ocean County, Essex County, Cape May County, Mercer

County, Middlesex County, Bergen County, Morris County, Burlington County,

Union County, Somerset County, Hudson County, Passaic County

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