Lincoln Park, NJ asked in Personal Injury and Libel & Slander for New Jersey

Q: An attorney who isn't certified in the US district court of N.J. filed a complaint

An attorney who isn't certified in the US district court of NJ filed a complaint .The clerk sent a letter as soon as the complaint was filed saying she isn't certified in the federal court. A subsequent motion was filed by her. How can this continue? So far the motion still has some time before decision. Is there something going on the behind the scenes of pacermonitor that is allowing her to continue this complaint with out certification? I thought all information is posted online

3 Lawyer Answers
Howard Lesnik
Howard Lesnik
Answered
  • Mountainside, NJ
  • Licensed in New Jersey

A: And out of state attorney can file a motion to be admitted to a different jurisdiction if they have a local attorney to support their admission into the case. All motions are posted online, and you should be provided with a hard copy of it by mail.

Peter N. Munsing
Peter N. Munsing
Answered

A: You could file a motion to dismiss the complaint as it violates a federal rule requiring that pleadings filed by attorneys be filed by admitted attorneys.

Second if it's something that you are insured for you need to let your insurance know so that you can have an attorney. If not, then you need to get a consultation from an attorney who handles those types of matters in New Jersey.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New Jersey

A: It's a commonly used motion, as long as there is a local counsel of record.

Tim Akpinar

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