How New York and New Jersey Courts Differ

Anyone who lives in the New York and New Jersey area can attest to how different these two states really are.  Indeed, not only do the taxes, cultures, and atmospheres vary in each state, but the courts are different as well.  There are a variety of ways how New York and New Jersey courts differ, and attorneys need to be well-versed with the rules and customs of each particular state if they want to best serve their clients.

Caseloads and Conferences

One way how New York and New Jersey courts differ, is that the courts in most boroughs of New York City, where a substantial amount of lawsuits are filed, are extremely busy.  As has been mentioned in a few prior articles, this usually means that it takes much longer to resolve a case in those venues than in other places.  Of course, the courts in more rural parts of New York are less overloaded, but a substantial amount of litigation filed in New York is initiated in New York City, and it takes a long time for these cases to be resolved.

In order to handle the massive amount of litigation that is filed within New York City, these courts require parties to attend regular court conferences.  These conferences are usually presided over by court attorneys, rather than judges, and the parties themselves are typically tasked with resolving disputes among themselves.  Indeed, many cases in New York are resolved without ever seeing a judge, since many issues involved with lawsuits will be resolved by court attorneys at these conferences.

Although New Jersey has some busier venues, one way how New York and New Jersey courts differ is that New Jersey courts are less overloaded.  As a result, it is much more likely to see a judge while litigating a case in New Jersey, since they usually manage conferences themselves and preside over disputes between the parties.  This might seem unusual to an attorney who primarily practices in New York City, since they may be used to the more informal methods of resolving disputes.

Jury Awards

Another way how New York and New Jersey courts differ is with jury awards.  As mentioned in a few prior articles, the amount of money a jury awards a party can vary greatly from jurisdiction to jurisdiction.  In the five boroughs of New York City, and some surrounding counties, juries typically award more money than most other places in the country.  There are a number of reasons why some New York juries award so much money.  For one, the cost of living is higher in New York City and the surrounding area than many other parts of the country.  As a result, juries may feel compelled to award more money for cases filed in those jurisdictions, since cash does not go as far in New York as it might in other areas.

There are some venues in New Jersey which also produce juries that award high sums of money.  However, by and large, New Jersey juries do not award as much money as some juries in New York.  This affects settlement values for cases in New Jersey and could influence attorneys who might have the opportunity to file a given case in New York or New Jersey.  In any case, jury awards in many areas of New York are by and large bigger than awards in most areas of New Jersey, and this should be kept in mind when practicing law in both states.

Streamlined Procedures

Another way how New York and New Jersey courts differ is that New Jersey courts have a number of streamlined procedures that many courts in New York do not.  For instance, New Jersey has standard interrogatories that parties have to respond to in certain types of cases.  In addition, New Jersey has mandatory arbitration and mediation for many types of cases, which is different from how matters are handled in New York.  Moreover, New Jersey has standardized conferences to determine the sufficiency of affidavits of merit for certain types of malpractice cases.  Some types of New York cases, such as those venued in the commercial divisions and some mass tort matters may also be subject to streamlined procedures.  However, by and large, New Jersey courts have more streamlined procedures than courts in New York.

Different Procedures

Another way how New York and New Jersey courts differ is that they both follow different procedures.  New York follows the Civil Practice Law and Rules, and this system is broken down thematically according to articles.  New Jersey follows its own court rules, and has different particular rules for each court in New Jersey and some rules that apply to all courts.  As a result of these different procedures, practicing law in New Jersey is very different from practicing law in New York.  Indeed, the time periods involved in filing motions, responding to discovery, and filing a lawsuit are all different.  In addition, the method of obtaining adjournments, preparing a motion, and resolving cases are very different between both states.

The Rothman Law Firm has substantial experience litigating cases in New York and New Jersey.  We understand the differences between procedures in both states.  If you are looking for a litigator who understands how to litigate a case in either New York or New Jersey, please feel free to contact The Rothman Law Firm to request a free legal consultation.