I have had two separate courts tell me that if the client has to pay a fee to file a paper then the attorney does not have to pay a fee just for a NOA, otherwise it would be "stacking".
Elizabeth Molt Esq.
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Original Message:
Sent: 02-11-2015 12:15
From: Robert Goldstein
Subject: Notice of Appearance
Katherine:
I would not think so. Just the $50 fee for the filing of the Notice of Motion.
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 02-11-2015 12:04
From: Katherine Wagner
Subject: Notice of Appearance
I, too, am confused about this "notice of appearance" fee. I represent a gentleman who has asked me to file a motion to emancipate his 23 year old son. He has been divorced for 15+ years and I have never represented him before. Am I going to have to pay $50 for the NOA plus $50 for the motion?
Kathy
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Katherine Wagner Esq.
Somerville NJ
(908)526-0099
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Original Message:
Sent: 02-11-2015 11:40
From: Robert Goldstein
Subject: Notice of Appearance
Jenn:
I don't have a definitive answer but in going on the court website, they cite in the Notice to the Bar (http://www.judiciary.state.nj.us/forms/11112_courtfees.pdf) a Non-Party Notice of Appearance fee of $50.00 for all state courtsd except Special Civil Part, then cite as authority NJSA 22A:2-37.1, which only applies to Special Civil Part:
"a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims $15.00
My take is that the Notice to the Bar is incorrect and besides that, what you are filing is not a "non-party Appearance". However, see the following Notice to the Bar which speaks to Notice of Appearance fees under Rule 1:43. http://www.judiciary.state.nj.us/notices/2014/n141224a.pdf
It costs $25.00 for the moving party to file a post-disposition FD motion. So why would it cost $50.00 for the other party to respond?
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 02-11-2015 11:14
From: Jennifer Armstrong
Subject: Notice of Appearance
This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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Wondering if anyone else is running into this issue. Represented a client about 6-7 months ago on an FD matter. Father files a complaint for custody and visitation. Mother (my client) we file counterclaim/cross complaint. We go to mediation and enter into a consent order. Now 7 months later Father files FD Application to modify consent order. Mother receives papers on the same day her opposition is due. She retains me. I send in letter of Representation to judge and request adjournment. I get adjournment and will be filing opposition and cross application. In the mean time, Court advises I must also file a Notice of Appearance and pay $50 filing fee for same. I call and they say since my representation ceased 45 days after representing client last time (which it did) I need to file Notice of Appearance. Somehow this is just not sitting right with me. I thought, maybe mistakenly so, Appearances were usually filed in lieu of a counterclaim and/or Answer to a Complaint? Does this mean that on FM post judgment motions we are going to have to file a Notice of Appearance for $50 before filing our Motions? Are we going to have file these now in lieu of a Letter of Representation on DV matters and other matters too or is this just some new rule regarding FD's I'm not aware of? The staff at the clerks office were just as confused but convinced I have to file this and pay the fee.
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Jennifer Armstrong Esq.
Toms River, NJ
(732)281-6000
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