New Jersey Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   New Jersey's rule is R. 4:50-1. On motion, with briefs, and upon such terms as are just, the court may relieve a party from a final judgment or order for listed reasons: (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud, misrepresentation or other misconduct of an adverse party; (d) the judgment or order is void; (e) satisfaction, release, discharge or reversal of a prior judgment, or it is no longer equitable that the judgment should have prospective application; and (f) any other reason justifying relief.

2. 2

   Ground (b) is narrow. The newly discovered evidence must be evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49.

3. 3

   Deadlines differ by ground. R. 4:50-2 says the motion shall be made within a reasonable time, and for reasons (a) mistake, inadvertence, surprise or excusable neglect, (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49, and (c) fraud, misrepresentation or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken. For (d) a void judgment, (e) a judgment satisfied, released, discharged, resting on a reversed prior judgment or no longer equitable to apply prospectively, and (f) any other reason justifying relief, the rule says within a reasonable time, so move promptly.

4. 4

   For ground (a), the Appellate Division has said R. 4:50-1(a) requires a showing of excusable neglect and a meritorious defense. Relief is up to the court, so explain both with specific facts.

5. 5

   Filing does not by itself stop enforcement. R. 4:50-3 says a motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment. Ask the court for a stay separately if you need one.

6. 6

   The Judiciary publishes motion packets: CN 10543 for the Special Civil Part and CN 10555 for the Law Division, Civil Part. CN 10543 says a motion to vacate a default or default judgment must include an answer to the original complaint along with any cross claims or counterclaims, the appropriate fee and a Certification in Support. In the Law Division, Civil Part, CN 10555 says the fee for filing a motion is $50.00. For a Special Civil Part motion to vacate a default, ask the Special Civil Part office the amount of the appropriate fee. There is no fee to file a motion in the Small Claims Section, which covers lawsuits of $5,000 or less.

7. 7

   In a landlord-tenant case, tenants can apply to vacate the judgment for possession by Order to Show Cause (packet 12792), but that does not typically stop or stay the eviction unless the court orders otherwise. Hardship Stay and Orderly Removal requests must be made within 10 days from the date of the eviction. A default judgment is set aside under R. 4:50 (R. 4:43-3); also see /legal-document/set-aside-default/new-jersey.

New Jersey Requirements for Motion to Vacate

• Grounds Under R. 4:50-1

  (a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence that by due diligence could not have been discovered in time for a new trial; (c) fraud or misconduct of an adverse party; (d) void judgment; (e) satisfied, reversed or no longer equitable; (f) any other reason justifying relief.

• Reasonable Time, One-Year Cap

  R. 4:50-2: within a reasonable time for every ground, and for (a) mistake or excusable neglect, (b) newly discovered evidence that by due diligence could not have been discovered in time for a new trial, and (c) fraud or misconduct, not more than one year after the judgment was entered.

• Excusable Neglect and Defense

  Appellate Division: R. 4:50-1(a) requires a showing of excusable neglect and a meritorious defense.

• Motion With Briefs

  R. 4:50-1: relief is granted on motion, with briefs, and upon such terms as are just. The CN 10543 packet includes a Notice of Motion with Certification of Service, a Certification in Support and an Order.

• Answer Attached for Defaults

  CN 10543: a motion to vacate a default or default judgment must include an answer to the original complaint along with any cross claims or counterclaims, and the appropriate fee.

• Filing Fees

  CN 10555 (Law Division, Civil Part): the fee for filing a motion is $50.00. CN 10543 (Special Civil Part): a motion to vacate a default must be accompanied by the appropriate fee; there is no fee to file a motion in the Small Claims Section.

• No Automatic Suspension

  R. 4:50-3: a motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment.

• Landlord-Tenant Order to Show Cause

  Tenants may apply to vacate the judgment for possession by Order to Show Cause (packet 12792); it does not typically stay the eviction unless the court orders. Hardship Stay and Orderly Removal: within 10 days from the eviction.