What are the rules of civil procedure in civil litigation?
The rules of civil procedure in civil litigation in New Jersey are set by the Supreme Court and govern the process from the filing of a complaint until the final resolution of the case. These rules define the steps each party must take throughout the litigation process, the disclosure of evidence and information, and the various deadlines that must be met. The initial step in civil litigation is the filing of a complaint, which outlines the legal claims, facts, and damages that the litigant is seeking. The complaint must be served to the defendant by either the sheriff or a registered agent, and the defendant must respond to the complaint within a certain period of time, typically 30 days from the date of service. The defendant may choose to either answer the complaint or file a motion to dismiss, wherein they may assert a number of legal defenses. The discovery process takes place after the initial pleadings are filed, which allows each party to obtain evidence and information from the other party in order to prepare for trial. Depending on the case, this may include depositions, written requests for documents or information, and interrogatories. After the discovery process is complete, each party may file pre-trial motions in order to challenge evidence or seek a summary judgment. A summary judgment is a decision by the court that a case does not need to be resolved in court because the facts and the law are so clear that a judgment can be made without a trial. Finally, in most civil litigation cases, the parties will engage in settlement negotiations in order to resolve their dispute without going to trial. If the parties cannot reach an agreement, the case will proceed to trial, where the jury or judge will hear both sides of the argument and issue a verdict.
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