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A civil reservation is a municipal court practice that
permits a municipal court judge to order that a guilty plea not be used
as evidence in any related civil proceeding.
(Maida v. Kuskin, 221 N.J. 112 (2015))
Pleading
guilty to a municipal court offense creates a presumption of negligence
that may be used in a subsequent civil action. By way of example, if a
client is involved in a car accident and pleads guilty in municipal
court to a downgraded violation, such as Careless Driving, that plea
might be able to be used as an admission of negligence in a personal
injury action. However, if the client enters the plea in municipal court
and requests a civil reservation of rights, that client is offered
certain protections. Entering a civil reservation of rights is a shield
that every attorney should be familiar with to safeguard a client.
At
this timely webinar, our panel will discuss what civil reservation of
rights is, the importance of correctly entering the reservation of
rights, and its impact on a later personal injury action.
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