Hudson County Courts

Hudson County is the fourth most populous county in New Jersey, according to the 2020 census, with about 8% of New Jersey's population (736,000) living in the county. The county was founded in 1840 by Henry Hudson, a sea explorer, and its county seat is Jersey City.

About one million cases are filed in Hudson County yearly. Of these, civil cases make up about 4,000 filings, while approximately 900,000 cases are filed in the Municipal Courts that handle lesser offenses. Also, about a million of these cases are disposed of annually. The court system in Hudson County is structured to handle various types of legal matters. The following are the courts serving Hudson County residents:

• Hudson County Superior Courts are major trial courts handling diverse cases. They also act as a court of appeal to the Surrogate and Municipal Courts. They hear non-monetary civil cases such as foreclosures and process indictable criminal cases involving adult offenders.
• Hudson County Surrogate Court is a specialized court overseen by an elected official named the "surrogate." One of its key responsibilities involves processing legal paperwork for adoption cases.
• Hudson County Municipal Courts handle lower-level legal matters that occur within a municipality. These courts are considered courts of limited jurisdiction.

Many of Hudson County's courts are centrally located in its county seat, Jersey City. However, most of its courts are distributed across other cities and towns such as North Bergen, Union, West New York, and Bayonne. While most cases go to Jersey City, local issues are handled in smaller towns.

How To Access Hudson County Court Records

The right to access court records is governed by the New Jersey Court Rule 1:38 and the Open Public Records Act (OPRA). The public may access court records except those specifically exempted by law. Confidential records in Hudson County, however, include certain sensitive cases such as juvenile, adoption, domestic violence cases, and documents containing personal identifiers. Interested persons may be required to provide a case number and a photo ID to inspect or obtain copies of court records. There are a number of ways to access court records in Hudson County, which include the following:

Online

Court records in Hudson County may be found using the New Jersey Courts website. This portal is available for case searches not only to residents of Hudson County but members of the general public. You may find court records relating to civil cases, which may involve disputes between entities or individuals. In addition, individuals may access family law records, criminal matters, property tax disputes, and traffic violations, including those adjudicated in lower courts.

The CourtCaseFinder is a commercial third-party website that serves as a repository of county court records across the United States. Therefore, anyone interested in finding court records may also use this platform, although a search fee may be required.

Furthermore, federal court records related to Hudson County may be found on the Public Access to Court Electronic Records (PACER) case locator website. Members of the public may find bankruptcy and appellate court records on the PACER platform.

In-Person

In many cases, court records may also be found at the courthouse. Certain courthouses maintain public access self-terminals for individuals to inspect and copy records. Therefore, digitized copies may be found with easy access on this platform at the record room maintained by the clerk of court. In addition, court records may be accessed by scheduling a visit to the office of the clerk of the respective court to obtain the desired record.

Old and Archived Records

Some older records may not be publicly available online because they were adjudicated from decades past and exist only in paper form. Also, they may visit the New Jersey State Archives website to obtain historical and archived records online. They may be required to provide a docket number, if available, the type of case, names of parties involved, and the filing date.

Alternatively, historical court records may be obtained at the information center in person at 225 West State Street, Trenton, NJ 08608. The archive serves as the official research center for public records of historical value in New Jersey. Some of the court records available in the archives include Chancery Court case files (1842-1908) and Circuit Court judgments (1854-1927). Individuals may schedule a visit at regular business hours to obtain copies of records at the NJ State Archives office or email at njarchives@sos.nj.gov.

How to File a Case in Hudson County

A case may be filed by mail (based on the laws of the jurisdiction), in person, or online. A litigant must first verify the court that has the authority to handle their case before proceeding with the case filing process.

In addition, they are required to file their case with the clerk of the court handling their case. Although filing a case requires a fee, the fee and method for filing a case is usually determined by the court filing the case. Most civil lawsuit complaints require the payment of $250. Special Civil Part cases are filed based on the amount claimed. Claims up to $5,000 require a $50 fee, while it costs a $75 fee for claims over $5,000. There are also additional fees for service of process and jury trials that litigants may be required to pay.

However, a fee waiver request may be submitted, allowing low-income individuals to file their case without financial constraints. The fee waiver application, however, must be filed with the court when filing their court case. The court caters to indigent persons who may prove to the court their financial incapacity to pay filing fees. Individuals who fall under this category may fill out the fee waiver application form, and if they qualify, the court may take responsibility for the filing cost.

The following are the steps that Hudson County residents may navigate to file a case in the county's court system:

• Determine the type of case: Cases may be delayed and dismissed when they are not filed at the appropriate court that has the power to decide them.
• Prepare the complaint: Litigants are required to provide a legal basis for their claims. It is also necessary to state the names of parties involved in the case and attach supporting documents to back up their claims.
• File the complaint: Parties are required to file their case online on the NJ eCourts portal. Those who prefer to file their case in person may visit the court to complete the process. In addition, individuals may also mail a self-addressed envelope to the clerk of court and attach a filing fee.
• Serve the defendant: A party may send copies of a complaint and summons to the defendant. However, this may be done promptly by employing the services of a sheriff or process server.
• Await the defendant's response: A defendant has 35 days to file a written answer with the court or submit a counterclaim. However, if there is no response, the other party may request a default judgment.
• Engage in Discovery: This is a critical phase in civil lawsuits where both sides gather and exchange evidence to build their cases. This helps parties to decide what witnesses to call, what documents to present, and what arguments to make. There is usually an exchange of evidence and documents, which may include depositions, interrogatories, and subpoenas.
• Participate in Dispute Resolution: A trial may not be required if your case was resolved via arbitration or mediation. They are both alternative dispute resolution (ADR) methods, offering options outside traditional court proceedings.
• Prepare for Trial (if required): You may be required to organize witnesses and documents while attending a trial and presenting your case. However, it may be necessary to file motions to dismiss or compel discovery.

Legal Help and Self-Help Resources

The United States provides a broad array of resources designed to ensure that all members of the public have access to justice. Consequently, financial barriers are significantly reduced through court-supported initiatives, pro bono legal panels, and legal aid programs that help close the justice gap. Sometimes, financial constraints prevent self-represented litigants from covering court filing fees and other essential legal expenses. Due to this, a number of legal referrals exist, which anyone may take advantage of. There are numerous legal resources available to Hudson County residents who are filing or defending their case; some of them include:

Free & Low-Cost Legal Assistance

• Northeast New Jersey Legal Services (NNJLS): They offer free legal help in civil matters such as housing or landlord-tenant cases, family law, public benefits, and consumer issues.
• Legal Services of New Jersey (LSNJ): This organization provides free legal assistance to low-income residents in the state.

Legal Aid

• Volunteer Lawyers for Justice (VLJ): They offer help with eviction, divorce, bankruptcy, and expungement cases.
• Community Health Law Project (CHLP): It offers legal and advocacy services to low-income individuals with disabilities. CHLP represents individuals who may not afford the services of private attorneys.

Self-Help Tools

• New Jersey Courts Self-Help Center: The public may access forms, instructions, and guides for filing cases, responding to lawsuits, and understanding court procedures on this platform.
• Hudson Partnership CMO Resource Network: They provide a list of legal assistance programs and community services in Hudson County.
• Hudson Partnership CMO Resource Network: They assist by providing legal advocacy, mental health support, and housing assistance. They support residents and vulnerable individuals in Hudson County.
• Mental Health Association in NJ: It provides legal referral services and mental health recovery assistance.
• Hudson County Housing Resource Center: It provides services in the areas of housing advocacy and legal referrals. It also provides rental assistance to Hudson County residents and persons with disabilities.

Types of Courts in Hudson County, New Jersey

The Hudson County trial court system is made of two Superior Courts, a Surrogate Court, and 12 Municipal Courts. It is also served by the U.S. District Court for the District of New Jersey. The following are the types of courts serving the residents of Hudson County:

Superior Courts in Hudson County

Hudson County Superior Court

Jurisdiction: It serves as the county's main trial court and oversees disputes involving personal injury, domestic violence, child support, and juvenile delinquency cases.

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Hudson County Superior Court

Jurisdiction: It manages indictable offenses, as well as family and civil cases.

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Surrogate's Courts in Hudson County

Hudson County Surrogate Court

Jurisdiction: This court handles uncontested probate matters, adoption, and guardianship cases for residents of Hudson County.

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Municipal Courts in Hudson County

Bayonne Municipal Court

Jurisdiction: This court handles certain civil matters within its jurisdiction, as defined by law. It also processes payments for traffic and parking tickets.

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East Newark Municipal Court

Jurisdiction: It acts as a court of first instance for disorderly persons and traffic violation cases.

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Guttenberg Municipal Court

Jurisdiction: It handles cases involving the violation of municipal laws, such as building code violations.

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Harrison Municipal Court

Jurisdiction: It handles minor criminal offenses such as simple assault and harassment. It also has jurisdiction over municipal ordinance violations such as noise complaints.

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Hoboken Municipal Court

Jurisdiction: It primarily hears cases involving the violations of municipal ordinances and some fish and game law violations within the city's boundaries.

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Jersey City Municipal Court

Jurisdiction: Jersey City Municipal Court handles illegal parking, speeding, and DUI cases.

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Kearny Municipal Court

Jurisdiction: It oversees disputes and payments related to parking violations.

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North Bergen Municipal Court

Jurisdiction: North Bergen Municipal Court hears town ordinance violations and disorderly conduct.

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Secaucus Municipal Court

Jurisdiction: The Secaucus Municipal Court enforces local laws such as noise complaints, building code infractions, and animal control issues.

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Union City Municipal Court

Jurisdiction: It handles motor vehicle offenses, parking tickets, and minor criminal-type offenses such as simple assault.

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Weehawken Municipal Court

Jurisdiction: One of its duties involves imposing fines for traffic violations and suspending driving privileges.

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West New York Municipal Court

Jurisdiction: It hears cases within the town's geographical boundaries. Cases heard in this court include speed ticketing, petty theft, simple assault, and violations of local laws.

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United States District Court for the District of New Jersey

Jurisdiction: It handles federal criminal prosecutions, civil rights claims, immigration lawsuits, and constitutional issues.

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Frequently Asked Questions (FAQs) About Hudson County Courts