What Is Civil Litigation? A Complete Guide for New Jersey Residents

What Is Civil Litigation?

Civil litigation is the legal process through which two or more parties resolve non-criminal disputes in court. Unlike criminal cases — where the government prosecutes a defendant for violating a law — civil litigation involves private parties seeking remedies for harm, breach of contract, or other legal wrongs.

In New Jersey, civil cases are heard in the Superior Court, which has divisions including Law (for most civil claims), Chancery (for equitable claims like injunctions), and Family (for domestic matters).

Common Types of Civil Cases in New Jersey

Civil litigation encompasses a broad range of disputes:

• Contract disputes — breach of business agreements, employment contracts, or service agreements
• Personal injury — car accidents, slip and falls, medical malpractice
• Property disputes — boundary disputes, landlord-tenant conflicts, real estate fraud
• Business litigation — shareholder disputes, partnership conflicts, trade secret theft
• Consumer fraud — violations of the NJ Consumer Fraud Act
• Employment disputes — wrongful termination, discrimination, wage theft

The Civil Litigation Process in New Jersey

1. Pre-Litigation

Before filing suit, your attorney will typically send a demand letter outlining your claims and requested relief. Many disputes resolve at this stage without court involvement.

2. Filing the Complaint

If pre-litigation efforts fail, your attorney files a Complaint in the appropriate court. The defendant is then served and has 35 days to respond.

3. Discovery

Discovery is the information-gathering phase. It includes:

• Interrogatories — written questions answered under oath
• Depositions — oral testimony under oath
• Document requests — production of relevant records
• Expert witnesses — retained to provide specialized opinions

4. Motions

Either party may file motions to resolve legal issues before trial, including motions to dismiss, motions for summary judgment, or motions to exclude evidence.

5. Trial

If the case does not settle, it proceeds to trial — before a judge (bench trial) or jury. The plaintiff bears the burden of proof by a "preponderance of the evidence" (more likely than not).

6. Appeal

Either party may appeal the trial court's decision to the Appellate Division of the Superior Court.

How Long Does Civil Litigation Take?

New Jersey uses a case management track system:

• Expedited track: 12 months
• Standard track: 15 months
• Complex track: 24 months

However, most cases settle before trial. Studies show that approximately 95% of civil cases in NJ resolve through settlement or dismissal.

Do You Need a Civil Litigation Attorney?

While you can represent yourself (pro se) in civil matters, the complexities of NJ court rules, evidence law, and procedural requirements make attorney representation strongly advisable. An experienced civil litigation attorney can:

• Evaluate the strength of your claims
• Navigate procedural requirements
• Negotiate favorable settlements
• Advocate effectively at trial

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Please consult a licensed New Jersey attorney for advice specific to your situation.