New Jersey’s Business Courts: Litigation Program

HNWBusiness and Corporate Legal Services, Business Law

  • The New Jersey Supreme Court implemented a statewide Complex Business Litigation Program, the purpose of which was to address the specific needs of parties and practitioners in business-related litigation.
  • The Program applies to all courts in the State, with a judge designated in each county to handle business dispute cases.
  • Those cases eligible for the program include both complex commercial and construction-related matters where the amount in controversy is at least $200,000.00 in damages.

business litigation

Benefits of the Business Court Litigation Program

The Program has a number of benefits. First, commercial and construction cases can be brought in the Law Division and assigned to a specific judge who will handle the matter from inception to conclusion. This avoids multiple judges hearing portions of the case until trial. Second, experienced business law judges will establish a clear body of business case law. The rules state that each judge in the program is expected to issue a minimum of two written opinions every year.

Getting into the Program

To opt into the Program, an attorney must designate his or her case as either a complex commercial case or a complex construction case. The amount in controversy must be at least $200,000.00. That said, for those cases that do not meet the monetary threshold, but for which there are otherwise compelling reasons for inclusion in the Program (i.e., complex issues, significant interpretation of a statute, a large number of witnesses, unique discovery issues), a party may file a motion for inclusion into the Program.

To discuss your NJ Business and Corporate Law matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at Please ask us about our video conferencing consultations if you are unable to come to our office.

By Fredrick P. Niemann, Esq., of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Business and Corporate Law Attorney

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