New Jersey provides the opportunity for litigants to file a lawsuit in either Small Claims court or Special Civil Part of the Superior Court if those claims are under the jurisdictional limits of those courts. As of July 1, 2022, the jurisdictional limit for a civil matter to be brought in Small Claims court will be increased from $3,000 to $5,000. The jurisdictional limit for Special Civil Part will be increased from $15,000 to $20,000. To file a lawsuit in either of these courts, that means the money damages or the amount in dispute cannot exceed that jurisdictional limit.
Civil claims filed in either court cannot include a claim for professional malpractice, probate or a Family court or Tax court matter. However, they can include a claim for a return of all or part of a security deposit in dispute.
Any civil claims that exceed these jurisdictional limits would need to be filed in the Superior Court (either Law or Chancery divisions).
There are pros and cons in filing a civil lawsuit in either Small Claims or Special Civil Part. The primary advantage is the time it will take to reach a trial date. As an example, in my experience, depending on the county in which the lawsuit is filed, a Small Claims complaint could be assigned a trial date within about 30 days of its filing (barring COVID delays). A Special Civil Part complaint could be assigned a trial date within about 3-4 months of the filing of the lawsuit.
On the other hand, again, depending on the county, pre-COVID, a Superior Court civil lawsuit would typically be reached for trial within 1-2 years of the filing of the lawsuit. Post-COVID, it could be 3 or more years before a trial date is reached due to the trial backups caused by court shutdowns.
The main disadvantage, however, would be the lack of discovery permitted in Small Claims court and the limited discovery permitted in Special Civil Part. While questions called interrogatories can be served on a limited basis in a Special Civil Part case, there are no depositions permitted without a court order.
In summary, filing a lawsuit in Small Claims or Special Civil Part case, if within the jurisdictional limits of those courts, will result in a speedier resolution. However, litigants must be aware of the more limited informational exchange through the discovery process permitted in those courts. You may not find out your adversary’s defenses or evidence until you arrive in court on the day of trial.
