What a motion is and when you file one
A motion is a formal written request you file with the court asking a judge to make a decision or take an action on your case. You do not need to wait for trial to ask the court for something — you can file a motion at almost any point in your case, from before the lawsuit starts all the way through after a judgment.
Common reasons to file a motion include asking the court to dismiss the case, extend a important date, order the other side to turn over documents, freeze assets, or decide part of the case before trial. In New Jersey, motions are filed in the Superior Court (for civil cases and serious criminal cases) or in the municipal court (for traffic, small claims, and minor offenses).
The court will either grant your motion (say yes), deny it (say no), or ask for a hearing where both sides can argue in front of a judge. You do not automatically get a hearing — the judge may decide based on the written papers alone.
Key Takeaways
- A motion is a written request to the court for a specific action or decision, and you can file one at almost any stage of your case.
- New Jersey motions must follow the state's Civil Practice Rules, which set out the exact format, page limits, and what documents you must include.
- You must serve a copy of your motion on the other side's lawyer (or on the other side directly if they have no lawyer) before or at the same time you file it with the court.
- The other side usually has 14 days to file a written response, and you may have a chance to file a reply before the judge rules.
- Filing fees vary by court and motion type, and you can request a fee waiver if you cannot afford to pay.
The required format and what to include in your motion
New Jersey Superior Court motions must follow the New Jersey Civil Practice Rules, which are the state's procedural rules. Your motion must be typed (not handwritten), double-spaced, on 8.5-by-11-inch white paper, with one-inch margins on all sides. The font must be 12-point and easily readable.
Every motion has three main parts. First is the caption, which shows the case name, docket number, and court. Second is the motion itself — a numbered list of what you are asking the judge to do. Third is a certification or affidavit, which is a sworn statement from you or your lawyer saying that the facts in your motion are true. In New Jersey, a certification (signed under penalty of perjury) is preferred over an affidavit.
You must also attach a memorandum of law — a separate document that explains the legal reasons why the judge should grant your motion. This memorandum cites the rules, statutes, and case law that support your request. Page limits depend on the type of motion, but most are capped at 15 to 20 pages.
If your motion relies on documents (a contract, an email, a photograph), you must attach them as exhibits and refer to them by letter or number in your motion and memorandum.
How to serve the other side and file with the court
Before you file your motion with the court, you must serve a copy on the other side — meaning you must deliver it to them in a way the rules allow. If the other side has a lawyer, you serve the lawyer. If they do not, you serve them directly. Service can happen by mail, email (if both sides agree), hand delivery, or through a process server.
You must file proof of service with the court — a document stating when, how, and on whom you served the motion. This proof is called a certification of service or affidavit of service. Without it, the court may not consider your motion.
Once you have served the other side, you file the original motion, memorandum, certification, exhibits, and proof of service with the court clerk. In New Jersey Superior Court, you can file in person at the courthouse, by mail, or electronically through the New Jersey Courts Electronic Filing System (NJEFS) if your case is in the system. Many courts now require electronic filing for lawyers; check your local court's rules.
Keep copies for yourself and your records. The court will stamp your filing with the date received and assign it a motion number.
What happens after you file: the response and hearing
After you file, the other side has 14 days to file a written response (called an opposition or answer to the motion). They must also serve you with their response. If they do not respond within 14 days, the court may grant your motion without hearing from them, but do not assume this will happen — always check with the court.
You then have the right to file a reply to their response, usually within 7 days. A reply is shorter than your original motion and addresses only the points the other side raised. Do not repeat arguments you already made.
The judge will then decide whether to hold a hearing. For some motions (like a motion to dismiss), a hearing is common. For others (like a motion for an extension), the judge may rule on the papers alone. If there is a hearing, both sides get to argue in front of the judge, and you may present evidence or testimony.
The judge will issue a written order granting, denying, or partially granting your motion. This order is binding and becomes part of your case record.
Filing fees and fee waivers
Most motions in New Jersey Superior Court have a filing fee. The fee varies depending on the type of motion and the court, but typically ranges from $50 to $200. Some motions (like a motion to dismiss or a motion for summary judgment) may cost more. Municipal court motions usually cost less.
If you cannot afford the filing fee, you can request a fee waiver by filing a motion for leave to proceed in forma pauperis (meaning "in the manner of a poor person"). You must submit a certification explaining your financial situation — your income, expenses, and assets. The judge will decide whether to waive the fee. If approved, you do not have to pay.
Some courts also allow you to pay fees in installments if you ask. Contact your local court clerk to learn the exact fees for your motion type and whether payment plans are available.
Common mistakes to avoid when filing a motion
One of the most common errors is failing to serve the other side before filing. The court will reject your motion or refuse to consider it if you cannot prove proper service. Always serve first, then file.
Another mistake is not following the formatting rules. If your motion is not typed, double-spaced, or uses the wrong font, the court may reject it or order you to refile it correctly. This wastes time and delays your case.
A third error is filing a motion without a memorandum of law or with a memorandum that does not cite legal authority. Judges need to understand not just what you want, but why the law supports your request. A motion without legal reasoning is much less likely to succeed.
Finally, many people miss important date for responses or replies. If the other side files a response and you want to reply, do it within the time limit. If you miss the important date, you may lose your chance to respond to their arguments.
Where to find the rules and get help
The New Jersey Civil Practice Rules are available free on the New Jersey Courts website (nj.gov/courts). Look for the "Rules of Court" section. The rules are also available through legal research websites like Google Scholar and FindLaw.
Your local Superior Court clerk's office can answer questions about filing procedures, fees, and local rules specific to your courthouse. Many courts also have self-help centers or provide written guides for people representing themselves.
If you are representing yourself (called proceeding pro se), consider consulting a lawyer for at least one meeting to review your motion before you file. Many lawyers offer limited-scope representation or unbundled services, meaning they help with specific tasks rather than taking your whole case. Legal aid organizations in New Jersey also provide free or low-cost help to people who may have access to based on income.
Frequently Asked Questions
Can I file a motion by email or online?
In New Jersey Superior Court, lawyers must file electronically through NJEFS if the case is in the system. If you are representing yourself, you can usually file by mail or in person at the courthouse. Some courts are expanding electronic filing for self-represented parties — call your court clerk to ask whether your courthouse accepts email or online filing.
What if the other side does not respond to my motion?
If they do not file a response within 14 days, you can file a certification stating that fact and ask the judge to grant your motion without a response. However, the judge is not required to grant it — they may still hold a hearing or request more information. Do not assume silence means approval.
How long does it take for a judge to rule on a motion?
It varies widely. straightforward motions may be decided within days or weeks. Complex motions with hearings may take several weeks or months. After a hearing, the judge may rule from the bench (when ready) or take the motion under advisement and issue a written order later. Ask the court clerk for an estimate based on your local court's typical timeline.
Do I need a lawyer to file a motion?
No. You have the right to represent yourself in New Jersey court. However, motions involve legal rules and writing, and mistakes can hurt your case. If you cannot afford a lawyer, ask about legal aid, law school clinics, or limited-scope representation from a private attorney.
Can I file an emergency motion outside normal business hours?
Yes. If your situation is urgent (for example, you need to stop something from happening when ready), you can file an emergency motion or motion for temporary restraining order. These are handled differently and may be decided the same day. Contact the court clerk or the judge's chambers to learn the procedure for emergency motions in your courthouse.