What Happens at Trial in a New Jersey Civil Lawsuit?
If your New Jersey civil lawsuit reaches trial, a judge or jury will decide the disputed issues that remain between the parties. This guide walks you through what happens once trial begins in New Jersey Superior Court. It explains how the case unfolds and what your attorney will be doing on your behalf.
Quick Answer: What Happens at Trial in a New Jersey Civil Lawsuit?
The plaintiff generally presents its case first.
Your attorney can challenge the plaintiff’s evidence through cross-examination and objections.
Your business may present evidence, but it does not automatically have to do so.
Your case may be decided by a judge or jury.
Most civil claims must be proven by a preponderance of the evidence.
A New Jersey civil jury reaches a verdict when five-sixths of its members agree.
The court will enter a judgment stating the relief awarded, if any.
Settlement can remain possible even after trial begins.
Where Does Your Civil Lawsuit Go to Trial in New Jersey State Court?
Where your lawsuit goes to trial generally depends on the amount in dispute, the claims involved, and the type of relief the plaintiff is asking the court to provide.
Chancery Division, General Equity Part
Your lawsuit may be in the Chancery Division, General Equity Part when the plaintiff is primarily asking the court for nonmonetary relief. Business disputes involving an injunction or the protection of trade secrets may be heard here. The same can be true for restrictive-covenant and judicial-dissolution matters.
Check the first page of your complaint or another court filing. General Equity cases are identified as "Superior Court of New Jersey, Chancery Division, General Equity Part" and use a C docket number, such as BER-C-029-16.
If your case is in General Equity, there is no jury at trial. The judge hears the evidence and decides the remaining claims.
Law Division, Civil Part
If the plaintiff is seeking more than $20,000 from your business, the lawsuit will generally be handled in the Law Division, Civil Part. Many contract disputes and other business lawsuits are heard here.
You can confirm where your case is pending by checking the first page of the complaint. Look for "Superior Court of New Jersey, Law Division, Civil Part." Civil Part cases use an L docket number, such as L-1234-26.
A Civil Part case may ultimately be decided by a judge or jury. Whether you have a jury trial depends on the claims and issues that remain, whether a jury trial was properly demanded, and whether that right was later waived.
How Does a New Jersey Civil Lawsuit Move From Filing to Trial?
Civil Part and General Equity cases do not follow exactly the same procedure, but much of the path is similar. Before your business reaches trial, the lawsuit will usually move through several earlier stages.
The plaintiff files the lawsuit and serves your business. The complaint explains the claims against your business, which is the defendant, and what the plaintiff wants from the court. The summons tells you how long you have to respond. See what to do after you are served with a summons and complaint in New Jersey.
Your business responds. Your attorney may file an answer and raise defenses. Depending on the dispute, your business may also assert a counterclaim or file a motion asking the court to address a legal or procedural issue. Stature Legal also explains where your attorney files an answer or motion.
The court begins managing the case. In the Civil Part, the Civil Case Information Statement helps the court classify and manage the lawsuit. Your Track Assignment Notice identifies the litigation track assigned to your case, which affects the discovery schedule. You can read more about what your litigation track means.
The parties conduct discovery. Your attorney gathers evidence needed to defend your business and responds to the plaintiff's requests. See what to expect during discovery in a New Jersey civil lawsuit. Your business also needs to continue preserving relevant records under its litigation hold.
The judge may address requests while the case is developing. This can happen early in a General Equity matter when the plaintiff seeks immediate injunctive relief. The parties may also file other motions as the litigation continues.
The parties may try to resolve the dispute. You can use mediation in either type of case. Certain Civil Part cases may also go through New Jersey's mandatory, nonbinding arbitration process. Settlement discussions can continue alongside the court proceedings.
Either side may seek summary judgment. A motion for summary judgment asks the judge to decide a claim, or part of one, without a trial. A ruling may narrow the dispute or end the lawsuit altogether.
Any remaining issues are prepared for trial. Your attorney begins preparing the witnesses and evidence needed to present your defense. Our guide explains how lawyers prepare for a New Jersey civil trial and what your business may need to do.
The unresolved issues go to trial. In the Civil Part, a judge or jury may decide them. In General Equity, a judge decides the case.
This guide picks up at that point, after the earlier stages of your lawsuit are over and the court is ready to conduct the trial.
What Happens When You Arrive at Court for Trial?
Your attorney will tell you when to appear and where to go. Once you arrive, the trial may not begin with witness testimony right away.
The judge may first deal with scheduling or outstanding motions. Evidentiary questions may also be addressed before the plaintiff begins presenting the evidence.
What Is Your Role in the Courtroom?
You will usually sit with your attorney while the case is being heard. Your lawyer handles the questioning of witnesses and makes objections when appropriate.
You are not expected to explain your side whenever you want. You generally speak when you testify or when the judge addresses you directly.
During breaks, your attorney may ask you to help locate a document or confirm a fact about the dispute. Your job is to remain available and follow your attorney's instructions.
Should You Expect to Be in Court All Day?
Possibly. A civil trial can include periods of waiting, and the judge may take breaks or pause the proceedings to deal with an issue outside the jury's presence.
Your attorney should tell you when you need to be in court and whether you need to remain available throughout the trial day.
If you are attending only as a witness, the judge may require you to wait outside the courtroom until you are called to testify.
What Should You Avoid Doing During Trial?
Do not speak with jurors or interrupt testimony. Try not to react visibly when you disagree with something a witness says.
Your attorney will also tell you whether the court has restricted witnesses from discussing their testimony while the trial is underway. You should also avoid discussing the case in public areas of the courthouse or posting about the trial online.
Once these preliminary matters are handled, the trial can begin. In a jury case, the next step is usually selecting the jurors who will hear the evidence.
What Happens During Opening Statements?
The plaintiff's attorney generally speaks first and explains what they expect the evidence will show about the claims against your business. You will hear the plaintiff's version of the dispute before the evidence itself is presented.
An opening statement is not evidence. So even if the plaintiff's attorney presents the allegations confidently, that does not mean the judge or jury has accepted them as true. The plaintiff still has to prove them with evidence during the trial.
Your attorney can then explain your business's position and what the defense expects the evidence to show. They do not need to respond to every allegation during the opening. Some issues are better addressed through cross-examination or later in the defense case.
Once opening statements are finished, the plaintiff begins calling witnesses and presenting evidence. This is where they start trying to prove the claims against your business.
What Happens When the Plaintiff Starts Presenting Evidence?
The Plaintiff Calls Its Witnesses
The plaintiff's attorney calls witnesses and questions them through direct examination. Those witnesses may testify about the contract, communications between the parties, damages, or other facts the plaintiff relies on to prove its claims. Their testimony becomes part of the trial evidence.
The Plaintiff Introduces Documents and Other Evidence
The plaintiff may offer documents or other materials to support its claims, but having them does not automatically make them trial evidence. The judge decides what to admit under New Jersey Rules of Evidence and other applicable law. Your attorney can object when there is a legal basis to do so.
Your Attorney Cross-Examines the Plaintiff’s Witnesses
Cross-examination lets your attorney test a witness's account against the other evidence. Your attorney may also bring out facts helpful to your defense. Once the plaintiff has presented all of its evidence, the plaintiff rests its case. Your lawyer may then begin presenting the defense's case, depending on the circumstances.
What Happens After the Plaintiff Rests?
Once the plaintiff rests, your attorney may file a motion asking the judge to dismiss some or all of the claims. The question is whether the plaintiff presented enough evidence for each claim to legally continue. At this stage, the judge considers the plaintiff's evidence together with the reasonable inferences that favor the plaintiff.
This is different from summary judgment, which is decided before trial. A Rule 4:37-2(b) or Rule 4:40-1 motion at this stage comes after the plaintiff has presented its trial evidence. If the judge denies the motion, your business can still present its defense.
What Happens When Your Business Presents Its Defense?
Does Your Business Have to Present Evidence?
Not necessarily. The plaintiff has the burden of proving its claims, so your business does not automatically have to present a separate version of what happened. Your attorney may still decide that testimony or documents would strengthen the defense.
The analysis can change if your business has asserted an affirmative defense that it must prove. The same is true of a counterclaim, because your business carries the burden of proving its own claim.
Which Witnesses Might the Defense Call?
The defense may call people who can dispute the plaintiff's evidence, or explain facts the plaintiff did not fully address. In a contract dispute, that could include the person who negotiated or managed the agreement. Someone involved in key communications may also testify.
If the amount of damages is disputed, your attorney may call an expert to challenge how the plaintiff calculated its claimed losses.
Will You Have to Testify?
Not necessarily. Whether you or another company representative testifies depends on the facts that still need to be established and your attorney's defense strategy. The plaintiff may also call you or another representative as a witness.
When your business calls a witness, the plaintiff's attorney generally has an opportunity to cross-examine that witness.
What Happens After Both Sides Finish Presenting Evidence?
Closing Arguments
After both sides finish presenting evidence, the attorneys make their closing arguments. Your attorney generally goes first, explaining why the evidence supports the defense or leaves the plaintiff short of its burden. The plaintiff’s attorney then gives the final closing argument, unless the court orders otherwise.
Closing arguments are not evidence. They are each attorney's explanation of what the admitted evidence shows and how the judge or jury should decide the case.
The Judge Gives the Jury Instructions
Before the jury begins deliberating, the judge gives instructions explaining the NJ law that applies to the claims and the questions the jury must decide. The instructions identify the applicable burdens of proof and the legal standards the jurors must follow when evaluating the evidence.
How Does the Jury Decide a New Jersey Civil Case?
The jury deliberates using the evidence admitted at trial and the legal instructions given by the judge. It decides the factual questions needed to resolve each claim and, when applicable, the amount of damages.
In most NJ civil cases, the party carrying the burden on a claim, defense, or factual question must prove it by a preponderance of the evidence. That means showing that a fact is more likely true than not true. If the evidence is evenly balanced on an issue, the party carrying the burden has not proved it. This is different from the beyond-a-reasonable-doubt standard used in criminal cases.
A New Jersey civil jury consists of six jurors and does not ordinarily need to reach a unanimous verdict. In many cases, agreement by five of the six is sufficient.
What Happens in a Bench Trial?
In a bench trial, much of the evidence is presented the same way, but there is no jury deciding the case. The attorneys present the evidence and arguments to the judge.
The judge then makes findings of fact and applies the law to those findings. The decision may be announced in court or issued later in a written opinion or memorandum.
What Happens When the Court Announces the Verdict or Decision?
If Your Business Wins
If the plaintiff fails to prove a claim, the verdict or decision will be in your business's favor on that claim. If the plaintiff fails to prove all its claims, it does not receive the relief sought from your business, although the court may still need to address costs, fees, or other remaining matters.
If the Plaintiff Wins
If the plaintiff proves one or more claims, the court may find your business liable. A jury may determine the amount of legal damages, while the judge generally decides equitable relief, such as an injunction. The allocation of those decisions depends on the claims and relief involved.
If Both Sides Asserted Claims
If your business brought a counterclaim, that claim is decided separately. The plaintiff may prevail on one claim while your business prevails on another, and the final judgment will reflect the result of each claim.
Meet Our New Jersey Business Litigation Attorneys
Stature Legal represents New Jersey business owners in civil litigation and commercial disputes. Our attorneys help businesses understand what is happening in their lawsuits, prepare for trial, and make informed decisions as their cases move toward resolution or trial.
Daniel Bitonti
Daniel Bitonti is also senior counsel at Stature Legal and has more than 20 years of experience in law firms, He has litigated matters in state and federal courts. His experience also includes proceedings before New Jersey administrative bodies and land use boards. He works with business owners facing contract disputes and other business-related legal problems.
Contact Stature Legal
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
Can a New Jersey Civil Lawsuit Still Settle After the Trial Starts?
Yes. A New Jersey civil case can still settle after trial begins. The parties may reach an agreement while the trial is underway or after the court announces a verdict or decision. Both sides must agree to the settlement, and its terms may need to address the pending issues, depending on when they settle.
If the Plaintiff Wins, Does My Business Have to Pay Immediately?
Not necessarily. A verdict does not usually require payment that same day. The court enters a judgment before the plaintiff can pursue enforcement if it remains unpaid. A court-ordered stay or agreement between the parties can affect when enforcement begins.
Can the Plaintiff Collect a Judgment From My Business’s Bank Accounts or Property?
Potentially. After obtaining a money judgment, the creditor can use New Jersey enforcement procedures to reach certain business assets, including funds in bank accounts and other property. The process requires additional legal steps before those assets are turned over. The NJ Judiciary provides a general explanation of the judgment-collection process.
Can I Be Personally Responsible for a Judgment Against My Business?
Not automatically. The answer depends on the type of business and whether the judgment also establishes liability against you individually.
If the judgment is against an LLC, the business owner's personal assets generally are not liable solely because the person owns an interest in the company. Personal liability may arise if you guaranteed the obligation, or another legal basis establishes liability against you individually.
Can My Business Appeal if It Loses at Trial?
Yes. A business can generally appeal a final Superior Court judgment to the Appellate Division. The usual deadline is 45 days from the date the court enters the final judgment. An appeal reviews claimed legal and procedural errors - it does not simply retry the lawsuit or allow the parties to present their evidence again.
Who Pays Attorney’s Fees and Court Costs After a New Jersey Civil Trial?
Usually, each side pays its own attorney's fees under New Jersey's American Rule. A court may shift fees when a contract, statute, or New Jersey law authorizes an award.
The prevailing party may generally recover court costs allowed, but this does not mean the losing side must reimburse every expense incurred during the lawsuit. The court determines which fees and costs, if any, may be awarded.