Essex County Courts

Established on March 7, 1683, Essex County is located in the northeastern region of New Jersey. It is ranked as the third most populous county in New Jersey after Middlesex and Bergen Counties. The county seat is situated in Newark, which is also known for being the most populous city by population and area. Currently, around 9.3% of New Jersey's population (9.5 million) live in Essex County.

As stated in the Annual Report of the New Jersey Judiciary, Essex County accounts for nearly 1 million cases each year. This includes 8,332 civil cases and roughly 900,000 cases filed in the Municipal Courts. Of these, approximately 930,000 cases are disposed of.

Essex County has one of the busiest trial court systems in New Jersey. Cases are brought before the court that has jurisdiction over the relevant subject matter. The following courts are responsible for adjudicating cases in Essex County:

• Essex County Superior Court has general jurisdiction over most cases in the county. It is made up of specialized divisions that preside over civil, criminal, family, and probate cases.
• Essex County Surrogate Court handles probate, administration of estates, guardianship cases, and oversees cases involving contests over wills.
• Essex County Municipal Courts have jurisdiction over minor criminal cases such as misdemeanors and city ordinance violations. They also handle traffic violations.

Essex County courts are spread across various cities in the county. Its Superior Courts and Surrogate Court are located in Newark. However, its Municipal Courts are in various locations. Some of these cities include Irvington, Nutley, Millburn, Caldwell, East Orange, and Maplewood.

How To Access Essex County Court Records

The New Jersey Open Public Records Act (N.J.S.A. 47:1A-1) governs access to public court records. This law ensures transparency by granting access to government records. Members of the public may, therefore, request access to non-confidential court records. Court records from juvenile and adoption proceedings, as well as those that have been expunged, are, however, not available to the public.

In many cases, requesting access to court records may involve certain requirements. Individuals may be required to provide a valid ID card and a case number, especially for in-person or formal requests, to locate files easily. The following are methods in which the public may obtain court records in Essex County:

Online

Essex County court records are available online through the New Jersey Courts Portal. To find cases on the website, requesters may search by docket number or party name. In addition, interested persons may find criminal, civil, traffic, tax, and eviction court records on this platform.

Members of the public who wish to obtain court records may find them on the CourtCaseFinder system. This is an electronic court case retrieval service designed to assist the public in locating court records faster across the United States. The CourtCaseFinder platform offers instant case lookup. The public may find cases such as civil, criminal, bankruptcy, and property-related cases from state, federal, and local courts on this portal.

Furthermore, anyone seeking federal court records may perform a search on the PACER Case Locator (PCL). However, this portal requires a one-time registration for first-time users. It allows individuals to search district, appellate, and bankruptcy cases. In addition, a $0.10 online access fee applies to downloading records on the platform. However, certain entities, such as legal aid organizations, may qualify for fee exemptions.

In-Person

In Essex County, the Superior Court Clerk is constitutionally responsible for indexing and record-keeping of court records. The clerk retains court records adjudicated in the Superior Court, including those cases transferred from lower courts. Interested persons may obtain records by visiting the Superior Court Clerk's Office for records of civil, family, and criminal cases. However, probate records may be obtained by visiting the clerk of the Surrogate Court in person. In addition, records may be obtained for $0.05 or $0.07 per page for plain copies from the Surrogate Court Clerk's Office.

Furthermore, interested persons may locate court records at individual courthouses by using the public access computer terminals. This enables anyone interested in locating court records to find them easily. Although accessing these records comes at a fee, the cost depends on the type of copies requested. Plain copies cost $0.10 per page, and stamped certified copies cost $5 for the first page and $1 for additional pages.

Old and Archived Court Records

Legal documents from past cases are usually preserved for historical, legal, and administrative purposes. They may not be available electronically, but the public may access them on the New Jersey State Archives portal. This archive holds an extensive collection of Essex County records in the following categories.

• Court records dating back 1700s
• Probate files
• Name change petitions
• Sheriff office records
• Birth, marriage, and death records dating back to 1848
• Land deeds and mortgages dating back 1600s

Interested persons may send mail to the New Jersey State Archives at 225 West State Street, Level 2, P.O. Box 307, Trenton, NJ 08625-0307 to obtain archived court documents. Alternatively, they may book an appointment to visit the address in person at:

How To File a Case in Essex County

The process of filing a case involves several structured mechanisms and follows state laws or rules. However, the steps to filing a case may vary depending on the type of case. The procedure usually involves starting a legal process to resolve a dispute or complaint in court.

Cases may be filed remotely or online. However, this requires that you upload electronic copies of your documents. Alternatively, you may file your case by visiting a courthouse with jurisdiction over the case in person or via mail submission.

Litigants in Essex County are required to pay a case filing fee as part of the filing process. Under Court Rule 1:5-6, a court clerk is not permitted to file your case unless the required fee has been paid. However, there may be cases in which litigants may be unable to afford those fees. Individuals who are financially incapable of paying court fees and costs may in turn, utilize the resources provided by the county or state to pursue their case in court. They may apply for a fee waiver and qualify provided they show proof of having less than $2,500 in liquid assets. In addition, individuals who earn 150% or less of the current poverty level (based on the number of people in their household) may also qualify for a fee waiver. Also, persons who have an attorney representing them may apply for a fee waiver if their attorney falls under these categories:

• Works for the legal services of New Jersey or an associated regional program.
• Works for a public interest, pro bono program, or law school clinic that has been certified for fee waiver status by the Supreme Court under Court Rule 1:21-11.

Litigants filing as indigents may not be required to pay court filing fees. However, they may submit a fee waiver form with supporting documents to a clerk of court. Fee waiver applications may be filed at the appropriate clerk's office where a litigant is going to file their case or where a case was filed.

Before filing a case, litigants are required to verify that the court has legal jurisdiction over their case. They may confirm with the clerk of the court to ascertain that the court handles such cases. The following are the steps that court users may take in filing a case in Essex County:

• Choose the Right Court Division: Filing a case with the appropriate court is essential. In many cases, filing a case in the wrong court may result in a case dismissal.
• Complete Required Forms: Fill out and submit a complaint form to indicate the type of case you brought to the court.
• Submit Documents: You may submit forms and supporting documents online, by certified mail, or in person.
• Prepare for a Court Hearing: Organize witness statements, evidence, and other documents that may help your case.
• Attend a trial or court hearing: Litigants are required to present their case before the court. However, certain cases may be resolved via dispute resolution before a trial occurs.

Legal Help and Self-Help Resources

Legal aid and self-help resources have multiple purposes in supporting litigants in their pursuit of justice within the U.S. system.Those who are navigating the justice system alone or are unable to afford a lawyer benefit immensely from these resources. They promote fairness by ensuring that justice is not reserved for those who can afford it. In addition, specialized help is usually available for persons who are dealing with eviction, custody, domestic violence, and vulnerable communities. Overall, these resources make justice available by providing legal knowledge and assisting the public in navigating the complexities of the law.

Although legal help resources vary by jurisdiction, there are a number of them available to those who may not afford to hire legal representation for themselves. As a result, low-income earners, pro se litigants, and the general public have access to legal aid, pro bono programs, local bar associations, and court-affiliated programs.

Self-help centers in courthouses provide walk-in support, forms, and legal aid referrals. The following are some of the legal assistance options open to self-represented litigants in Essex County:

• Essex County Superior Court Self-Help Service: Provides guidance for individuals who want to handle legal matters without a lawyer. It offers instructions on how to fill legal forms related to small claims, landlord-tenant disputes, divorce, child custody cases, and name change petitions.
• Volunteer Lawyers for Justice: They ensure low-income earners have access to justice. They provide free legal clinics and services in the areas of bankruptcy, consumer law, and family law.

Legal Aid and Support Services

• Partners for Women and Justice: Provides free legal assistance to low-income victims of domestic violence. They also attend to cases that may involve issuing of restraining orders. In addition, they offer counseling and representation through staff and pro bono attorneys.
• Essex Newark Legal Services: Low-income residents may access legal representation in civil cases through this organization.
• Seton Hall Law Center for Social Justice: It provides free advocacy to underserved communities in areas such as immigration, criminal defense, family law, and health justice. It also provides hands-on training for law students through legal clinics and pro bono supervision in the areas of immigration and housing.
• Rutgers Legal Clinic: It offers free or low-cost legal services to underserved communities while training law students in real-world advocacy.

Online Self-Help Tools

• LawHelp.Org: It provides a step-by-step guide to help fill out legal forms. Interested persons may also obtain information about free and low-cost legal aid providers in their area on this website.
• New Jersey Courts Self-Help Center: It provides tools for filing cases online through the Judiciary Electronic Document Submission (JEDS) portal. It also helps with providing ADA accommodations and interpreters for court users.

Other specialized support services may include:

• Essex County Family Justice Center (ECFJC): It offers support for domestic violence victims.
• Urban League of Essex County: This is a nonprofit organization based in Newark. They provide legal aid referrals, employment opportunities, and financial coaching.
• Family Success Centers (Montclair, East Orange, Irvington): They help prevent child abuse and provide legal referrals.

Types of Courts in Essex County, New Jersey

Essex County is served by several courts that cater to the diverse legal needs of its residents. The Superior Court maintains several locations in Newark, adjudicating a wide range of civil, criminal, and family matters. Additionally, nearly every municipality within the county operates a Municipal Court, addressing local issues such as traffic violations, minor criminal offenses, and municipal code infractions.

Furthermore, Essex County also hosts a federal court, which hears cases authorized by the Constitution and violations of federal laws. The following are the courts in Essex County:

Superior Courts in Essex County

Essex County Superior Court

Jurisdiction: It hears nearly all types of cases in the county. It has a civil, criminal, family, and chancery division.

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Essex County Superior Court

Jurisdiction: It handles cases where individuals seek non-monetary relief, such as injunctions. It also hears contested probate matters.

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Essex County Superior Court

Jurisdiction: It houses the special civil department and hears small claims cases under $20,000 and landlord-tenant matters.

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Essex County Superior Court

Jurisdiction: It decides family law, chancery, and general equity cases.

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Surrogate's Court in Essex County

Essex County Surrogate Court

Jurisdiction: It schedules adoption hearings, validates wills, and hears adult guardianship cases.

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Municipal Courts in Essex County

Belleville Township Municipal Court

Jurisdiction: It handles health code violations, traffic violations, and disorderly conduct.

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Bloomfield Township Municipal Court

Jurisdiction: It handles traffic and parking violations, as well as minor criminal offenses.

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Caldwell Municipal Court

Jurisdiction: It handles local ordinance violations and accepts bail.

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Cedar Grove Municipal Court

Jurisdiction: It is a court of limited jurisdiction that hears cases such as game and fishing infractions, driving while intoxicated, and traffic violations.

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East Orange Municipal Court

Jurisdiction: This court serves the residents of East Orange Township and hears traffic violation cases.

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Essex Fells Municipal Court

Jurisdiction: It operates jointly with North Caldwell and Verona Township Municipal Courts. It hears disorderly conduct and traffic violations.

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Fairfield Township Municipal Court

Jurisdiction: This court processes complaints filed against individuals who have been charged with traffic, local ordinance, and disorderly conduct.

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Glen Ridge Municipal Court

Jurisdiction: It handles a range of local legal matters, including traffic violations and misdemeanor offenses.

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Irvington Municipal Court

Jurisdiction: It handles disorderly conduct and municipal ordinance violations.

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Livingston Municipal Court

Jurisdiction: The Livingston Municipal Court hears disorderly conduct cases, such as simple assault, and traffic violations, such as operating a cell phone while driving.

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Maplewood Township Municipal Court

Jurisdiction: It resolves all misdemeanor cases and disputes that occur within Maplewood Township.

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Millburn Township Municipal Court

Jurisdiction: It is a court of limited jurisdiction that handlesmotor vehicle violations, disorderly persons offenses, and other non-indictable offenses.

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Montclair Township Municipal Court

Jurisdiction: It schedules cases for hearings and accepts bail. It also maintains records of criminal and traffic violations.

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Newark Municipal Court

Jurisdiction: It handles municipal ordinance infractions and minor criminal offenses.

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North Caldwell Municipal Court

Jurisdiction: This court issues search warrants and arrest warrants within its jurisdiction.

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Nutley Township Municipal Court

Jurisdiction: It deals with the adjudication of minor offenses.

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Orange Municipal Court

Jurisdiction: It handles traffic violation cases, such as running a red light and environmental violations.

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Roseland Municipal Court

Jurisdiction: This court handles issues involving noise disturbances and traffic violations.

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South Orange Municipal Court

Jurisdiction: It handles environmental and zoning violations in the city of South Orange.

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Verona Township Municipal Court

Jurisdiction: The Verona Township Municipal Court handles cases that may include driving under the influence of alcohol and other local infractions.

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West Caldwell Municipal Court

Jurisdiction: The West Caldwell Municipal Court handles traffic violations such as driving without insurance and speeding. It also handles minor criminal charges such as public intoxication.

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West Orange Municipal Court

Jurisdiction: It primarily focuses on lower-level offenses such as motor vehicle infractions. In addition, it presides over violations of local laws such as property maintenance and noise complaints.

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The Federal Court in Essex County

United States District Court for the District of New Jersey

Cases Heard: It handles federal cases in Essex County. This court presides over civil and criminal cases under federal laws as well as bankruptcy and immigration matters.

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Frequently Asked Questions (FAQs) About Essex County Courts

The following are answers to some of the commonly asked questions about Essex County courts: