How Is a 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 if filed in the Superior Court of NJ.
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, each named defendant must be properly served with the Summons so they have legal notice of the lawsuit and can respond.
Response to Complaint
The Defendant(s) have a limited number of days after service of the Complaint to respond by filing an Answer to the Complaint, defenses to the performance of the Contract, and pleading 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 the process by which evidence necessary to either side 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 that must be answered
under oath. - Request for Production of Documents: The parties involved request the production of documents relevant to the contract dispute.
- Requests for Admissions: Requires a party to the lawsuit to admit or deny the accuracy of 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 to the contract case.
- Subpoena of Documents from a Third Party: Documents may be subpoenaed from 3rd parties, such as banks, employers, material suppliers, and contractors.
Trial Setting
Throughout the case, the courts in New Jersey will schedule 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 either to resolve the contract dispute or to determine when the case is ready for trial. When the court determines that a case is ready for trial, it will set the trial date and issue orders regarding the 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 generally become more intense as the trial date approaches.
Trial of a NJ Contract Case
Most 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, by a judge alone.
Fees & Costs in a NJ Breach of Contract Case
Fredrick P. Niemann Esq.
Litigation costs in NJ can be substantial. Included in litigation costs are filing fees, discovery costs, attorney fees, expert fees, trial fees, and evidence production costs.
If you have any questions about New Jersey contract law and contract litigation, please contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com or call him at (732) 863-9900. The attorneys at Hanlon Niemann & Wright have decades of complex trial experience ready to work for you.
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