Order To Show Cause Summary Action - Superior Court Of New Jersey (Page 3 of 6) in pdf

Order To Show Cause Summary Action - Superior Court Of New Jersey Page 3

If no party in interest timely files and serves a response to this order to

show cause as provided for above, the application may be decided by the Court on or after

the date this matter is scheduled to be heard, and may be decided on the papers without a

hearing, provided that the plaintiff has filed a proof of service and a proposed form of

judgment as required by paragraphs 7 and 9 of this order to show cause.

If a party in interest timely files a response as provided for above, the

court may entertain argument [add if appropriate: “and may take testimony” or “but will not

take testimony”] on the date this matter is scheduled to be heard.

The plaintiff must file and serve any written reply to the response of a

party in interest by _________, 20__. The reply papers together with a proof of service must

be filed with the Surrogate in the county listed above [and a copy of the reply papers must

be sent directly to the chambers of Judge __________].

Plaintiff shall submit to the Surrogate an original and two copies of a

proposed form of judgment addressing the relief sought on the date this matter is

scheduled to be heard (along with a postage‐paid return envelope) no later than _____ (__)

days before the date this matter is scheduled to be heard.

A copy of this order to show cause, the verified complaint, and [insert a

description of any other filed papers, such as an accounting], and all affidavits submitted in

support of this application, all of which shall be certified thereon by plaintiff’s attorney to

be true copies, shall be served upon the parties in interest listed in paragraph __ of the

complaint, by certified mail, return receipt requested (or by registered mail, return receipt

requested with respect to any party in interest who resides outside the United States) [, and

by regular mail] [or alternatively: shall be personally served upon the parties in interest

listed in paragraph __ of the complaint] within __ days of the date hereof, in accordance

with R. 4:67‐3, R. 4:4‐3 and R. 4:4‐4, this order to show cause being original process.

The plaintiff shall file with the Surrogate of _________ County a proof

of service of the documents required by paragraph 8 above to be served on the parties in

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Order To Show Cause Summary Action - Superior Court Of New Jersey Page 3