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Unless you have received a motion for summary judgment, you MUST respond to the moving papers at least 8 days before the return date listed on the Notice of Motion. A summary judgment motion requires that the response be filed at least 10 days before the return date.
In certain cases, there is a possible further step in criminal defense litigation after all appeals are exhausted, called a post-conviction relief (PCR) petition. New Jersey Court Rule lays out the grounds for which a PCR petition relief may be filed, as well as the parameters of this kind of litigation.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
Section -1.6 - Attorneys; form of appearance on behalf of parties (a) An attorney may appear on behalf of a party by completing a Division Notice of Appearance form electronically or by providing all of the information requested on such form in a letter or similar document.
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.
This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney. A new attorney may now represent a client who previously was a self-represented party.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.