6:1-1. Scope and Applicability of Rules
The rules in Part VI govern the practice and procedure in the Special Civil Part, heretofore established within and by this rule continued in the Law Division of the Superior Court.
- (a) Jurisdictional References. The jurisdictional requirements of R. 6:2-3 shall be deemed to be venue requirements and all other references in Part VI to jurisdiction shall be deemed to refer, as appropriate, to venue or cognizability.
- (b) Caption. In addition to the requirements set forth in R. 6:3-2, actions brought in the Special Civil Part shall be captioned with the name of the part and the nature of the action as follows: Special Civil Part, (Civil, Landlord/Tenant, Small Claims, Statutory Penalties or Concurrent Municipal) and shall state, on the face of the pleading and summons, the amount in controversy.
- (c) Fees. The fees charged for actions in the Special Civil Part shall be in accordance with N.J.S.A. 22A:2-37.1, provided that the face of the pleading and summons alleges the amount in controversy does not exceed $15,000, and the fees for actions which are not filed in the Special Civil Part shall be in accordance with N.J.S.A. 22A:2-6 et seq. Checks for fees and all other deposits shall be made payable to the Treasurer, State of New Jersey.
- (d) Filings. All papers filed in the Special Civil Part shall be filed in accordance with R. 6:12 at the principal location of the Part in each county.
- (e) Service of Process and Enforcement of Judgments. Officers of the Special Civil Part shall serve process in accordance with R. 6:2-3 and enforce judgments in accordance with R. 6:7. A writ of execution issued by the Civil Part of the Law Division shall not be directed to a Special Civil Part Officer except by order of the Civil Presiding Judge and such order shall specify the amount of the Officer's fee, require the Officer to account to the court for all funds collected and disbursed pursuant to the writ, and require the Officer to obtain and file a bond in such sum and form as the Civil Presiding Judge may deem necessary.
- (f) Judgments. R. 4:101 shall not apply to judgments of the Special Civil Part unless a statement for docketing is filed with the Clerk of the Superior Court. A statement for docketing shall issue on request to the Clerk of the Special Civil Part, on ex parte application of the party requesting docketing and payment of the statutory fees.
- (g) Forms. The forms contained in Appendix XI to these rules are approved and, except as otherwise provided in R. 6:2-1 (form of summons), suggested for use in the Special Civil Part. Samples of each form shall be made available to litigants by the Clerk of the Special Civil Part.