What is the New Jersey Superior Court?
Last week in our litigation series, we outlined the courts that typically handle business lawsuits in New Jersey. We introduced both the federal court system and the state-level New Jersey Superior Court, explained what makes a case go one way or the other, and showed how formal litigation in most business disputes begins at the trial court level.
This week, we’re going deeper into the structure of the New Jersey Superior Court itself. Because if you’re a business owner trying to understand where your lawsuit is actually going, and what kind of judge will hear it, you need more than just labels like “Law Division” or “Chancery Division.” You need to know what they do. Let’s break it down.
Why Should You Understand the Structure of the New Jersey Superior Court?
If you read our last article, you already know your business dispute is likely heading to the New Jersey Superior Court. But knowing which court handles business lawsuits in NJ is only the first step.
Think of it like arriving at Newark Airport; if you don’t know which terminal you’re landing at or who’s meeting you there, the rest of the trip gets confusing fast. The same holds true in litigation. Where your case lands inside the Superior Court will shape how it proceeds, who hears it, and what rules apply.
How the New Jersey Superior Court Is Organized
The New Jersey Superior Court handles an enormous range of civil and criminal cases. It’s built to move cases efficiently through the system while matching each legal matter to the type of judge and procedure it needs. That’s why it’s split into distinct divisions and parts, so the court can deliver fairness at scale.
The Law Division
If the primary relief sought in your lawsuit is money, welcome to the Law Division of the New Jersey Superior Court. This is where the majority of civil matters are heard, especially those that involve business losses, breach of agreement, or tort liability.
But not all money claims are treated equally. The Law Division is made up of three distinct parts, each calibrated for different levels of complexity, value, and procedure.
Civil Part
When your New Jersey business is sued for serious money, chances are your case belongs in the Civil Part of the Law Division of the Superior Court. This is the arena for business disputes over $20,000 that need courtroom tools like full discovery, formal pleadings, expert evidence, and strategic motions.
Examples of matters handled by this part include:
Breach of contract between businesses
Real estate fights over commercial property
Shareholder disputes Insurance coverage lawsuits
Franchise litigation
Construction disputes
Complex tort claims (like negligence, defamation, etc.)
Regular Special Civil Part
Business lawsuits up to $20,000 usually land in the regular Special Civil Part of the New Jersey Superior Court’s Law Division. This is where everyday disputes between businesses and customers, vendors, or contractors get handled without full-scale trial procedures.
You’re still in trial court, and jury trials are possible in many instances, but discovery is sharply limited. That means your evidence must be sharp and your arguments focused from day one.
You’ll see this part of the court handle:
Unpaid business invoices
Service or supply agreements over $5,000 and up to $20,000
Straightforward lease disagreements
Debt recovery disputes
Contract issues between small businesses
Small Claims Section
If the money in dispute is $5,000 or less, your case may be filed in the Small Claims Section of the Special Civil Part of the New Jersey Superior Court’s Law Division.
This is the lowest tier of the trial court system. You’re still in court, and judgments entered here are enforceable. But because the issues are usually simple and the dollar amounts small, the process is designed for speed. Many business owners handle these cases without a lawyer, but that doesn’t make them risk-free.
Small claims commonly involve:
Refund disputes involving small payments
Late or failed deliveries
Minor service issues or quality complaints
Customer overcharges
Low-dollar contract claims
Criminal Part
The Law Division also includes a Criminal Part, which handles indictable offenses and other criminal cases under New Jersey law. As a business owner in a civil dispute, you won’t interact with this part of the Superior Court, but it’s part of the same court structure.
The Chancery Division
When the lawsuit is not about money alone, and the real goal is to make someone act or stop acting, your case will likely go to the Chancery Division of the New Jersey Superior Court.
This division handles civil matters where the court’s power is needed to compel performance, block harmful conduct, or enforce obligations that cannot be solved with a check. That includes things like enforcing a non-compete, blocking a former partner from disclosing confidential data, or seeking a court order to stop unauthorized business use.
The Chancery Division is divided into three parts:
General Equity Part
The General Equity Part of the New Jersey Superior Court’s Chancery Division is where civil actions are filed to prevent harm, compel action, or restore control. Cases here involve requests for restraining orders, emergency injunctions, and judicial enforcement of fiduciary or contractual duties.
Family Part
The Family Part of the Chancery Division handles legal matters tied to personal relationships: divorce, custody, adoption, and related obligations under New Jersey law. As a business owner involved in a civil lawsuit, this part of the court won’t typically affect your case unless a family-related issue overlaps with your business interests.
Probate Part
The Probate Part of the Chancery Division exists to settle legal matters involving wills, estates, guardianships, and fiduciary control. While it's not where most civil cases between businesses end up, problems can arise if your company’s ownership, succession, or assets are tied up in a deceased partner’s estate.
Final Thoughts
If your business lawsuit in New Jersey is about monetary damages, it will likely start in the Law Division. If you need the court to stop harmful conduct or compel performance, the Chancery Division is where it belongs. Knowing your division and your part helps you plan ahead.
In our next article, we’ll take a closer look at the Special Civil Part, where many everyday civil matters between businesses are resolved.
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.®
FAQs
What Is the Difference Between the Civil Part and the Special Civil Part in New Jersey?
The Civil Part handles larger and more complex business cases, usually over $20,000, and allows for full discovery and formal motion practice. The Special Civil Part is faster, streamlined, and used for disputes over $5,000 and up to $20,000, with limited procedures and faster resolution.
Can I Sue for Unpaid Invoices in New Jersey Without Going to Full Trial Court?
Yes. If your claim is $20,000 or less, you can file in the Special Civil Part. For claims up to $5,000, the Small Claims Section is often appropriate. These courts are designed for the faster resolution of straightforward disputes.
Do I Need a Lawyer for Small Claims Court in New Jersey?
No, but it’s wise to consult one. While business owners can represent themselves in Small Claims (up to $5,000), professional advice can help you avoid costly mistakes even in a quick case.
My Lawsuit Involves More Than Just Money. Which Court Will Hear It?
If your case seeks something other than money, like enforcing a non-compete, stopping unfair business practices, or compelling someone to act, it will likely be heard in the Chancery Division’s General Equity Part.
Is It Possible to Get a Jury Trial in the Business Court in New Jersey?
Yes. Jury trials are available in the Civil Part and, in some cases, the Special Civil Part, especially if either party demands one. However, small claims and equity matters are usually decided by a judge.