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June 14, 2019

CSG Law Alert: Failure to Comply with Local Procedural Rules Could Lead to Malpractice Claim

The New Jersey Appellate Division recently confirmed how important it is to comply with procedural court rules, especially when the Court has given guidance as to how to comply with them. In Cuomo v. TSI Ridgewood, Docket No A-4898-17T4, Defendant’s attorneys failed to comply with the requirements of electronic filing, as well as the submission of a filing fee.

While Defendants claimed inadvertent error (their lawyer tried to pay the $200 fee by check) and substantial compliance, the Appellate Division affirmed the Trial Court’s refusal to accept the application, rendering Defendant’s counsel possibly subject to a six-figure malpractice claim.