Sued in New Jersey? What the Special Civil Part of the Superior Court Means for You
Thank you for joining us for the next installment in our ongoing series for New Jersey business owners: what to do when you've been sued. Last time, we outlined the structure of the New Jersey Superior Court. We covered the Law Division, the Chancery Division, and explained how civil business lawsuits are assigned based on the type of relief the plaintiff is seeking.
That overview is your map of the courthouse. Today, we’re stepping into one specific courtroom: the Special Civil Part. If your business is facing a civil complaint for $20,000 or less, that’s likely where your case will be heard.
This article breaks down how the Special Civil Part of the Civil Division of the Superior Court of New Jersey works, what the court expects from each party, and how these disputes are typically resolved.
How to Know if Your Case Belongs in the Special Civil Part
When your business is served with a summons from the New Jersey Superior Court, look at the top right-hand side of the document. You’ll see the docket number, which includes:
A county code, e.g., ESX for Essex County, BER for Bergen County
A division code, like:
L = Law Division, Civil Part
DC = Special Civil Part
SC = Small Claims
LT = Landlord/Tenant (a sub‑category still handled in the Special Civil system)
So, if your summons shows “ESX DC” followed by numbers, it means your case is filed in the Special Civil Part of the Civil Division of the Superior Court of New Jersey in Essex County. These codes help the clerk’s office track filings and determine which procedural rules apply.
What Makes the Special Civil Part Different From Other Courts
The Special Civil Part handles claims of $20,000 or less, which means streamlined procedures, fewer delays, and less formal litigation than the Civil Part of the Law Division.
If you’ve been sued here, you have 35 days from the date you were served to file a written answer. Miss that deadline, and the court can enter a default judgment against you, meaning the plaintiff can win automatically and begin collecting money, garnishing wages, or freezing assets without a trial.
Unlike full-scale lawsuits in the Civil Part, there’s no automatic discovery here. You won’t be exchanging documents or taking depositions unless the judge specifically allows it. Instead, the Special Civil Part lets you use a court-approved set of written questions, called interrogatories, depending on the type of case.
If you're the plaintiff, you have 30 days after receiving the defendant’s answer to serve them. If you're the defendant, you have 30 days after receiving the complaint. You must serve them directly on the other party, not the court, and responses are due within 30 days. If a party fails to respond, their pleadings may be suppressed, and the case could be stricken from the record.
Trials are often scheduled within a few months and are usually decided by a judge. The rules of evidence still apply. If you plan to use documents like invoices, contracts, photos, or written messages, you must bring printed copies or submit them ahead of time through the court’s Electronic Evidence Submission system.
Witnesses must appear in person. The court does not accept letters, statements, or affidavits in place of live testimony. If someone else needs to explain part of your case, they need to show up and speak under oath.
How Businesses Can Prepare for a Special Civil Part Case
While individuals can represent themselves in the Special Civil Part, the same does not apply to businesses. Corporations and LLCs must be represented by an attorney.
On the trial date, your attorney will appear in court on the business’s behalf. Before the judge hears the case, a court-appointed mediator will usually meet with both sides to see if the matter can be resolved without going to trial. Even if mediation fails, having counsel ensures your business is properly represented.
Final Words
We hope this article has helped you get a clear grasp of what the Special Civil Part of the Civil Division of the Superior Court of New Jersey is and how it operates. If your case ends up here, the process may be quicker than full civil litigation, but the stakes remain high, and preparation is key. In the next part of this series, we’ll cover Small Claims Court, which handles disputes of $5,000 or less.
Are you wondering about any of the issues mentioned above? Please email us at Info@staturelegal.law or call (732) 320-9831 for assistance.
At Stature Legal, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®
FAQ
Does My Business Really Need a Lawyer for Special Civil Part?
Yes. New Jersey law requires corporations and LLCs to be represented by an attorney in court. You cannot appear on behalf of your business without one.
What Happens if I Miss the 35-Day Deadline to File an Answer?
The court may enter a default judgment against your business. That means the plaintiff can win automatically and begin collecting damages without a trial.
How Do I Know if the Lawsuit Is in the Special Civil Part?
Check the docket number on the summons. If it contains “DC” (e.g., ESX DC 123456), your case is in the Special Civil Part.
Will There Be a Trial?
Possibly. Many cases settle early, but if no agreement is reached, a judge will typically decide the case within a few months. Jury trials are not standard here.
Can I Send or Request Discovery Like in Regular Civil Court?
Not automatically. You must formally request discovery and get the judge’s approval. The court does provide standard interrogatories (written questions), which can be served without a motion.
What Do Interrogatories Ask For?
They cover the basics — who the parties are, what the agreement was, how much is claimed, what evidence exists, and who the witnesses are. You must respond within 30 days.
What Happens on the Day of Trial?
Before trial begins, a court-appointed mediator will try to help both parties reach a settlement. If that fails, your case proceeds to trial before a judge.