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The proposed order asks for everything, but the proceeding cannot deliver most of it. A look at the procedural limits on an order to show cause in New Jersey: why Rule 4:52 cannot produce a permanent injunction, when summary disposition is actually available, the clear and convincing burden on every Crowe factor, the specificity Rule 4:52-4 demands, and why an attached fee request is usually premature.

People use the word default as if it means a judgment already exists. New Jersey practice separates the concept into two distinct stages. The first stage is the entry of default under Rule 4:43 1. The second stage is a default judgment under Rule 4:43 2. The distinction matters because the legal effect, the available remedies, and the difficulty of fixing the problem change dramatically once judgment enters.

New Jersey businesses say “that is confidential” every day. In court, that phrase does not carry a case. Trade secret claims succeed when a company can show, with admissible evidence, that the information stayed secret for a reason, and that the company treated it as secret in a consistent, disciplined way.

Most business owners resist this practice. Some believe that imagining failure invites it, a form of magical thinking with no basis in how contracts, courts, or business relationships actually work. Others operate in a business culture that treats positive thinking as a virtue and any discussion of potential problems as negativity. Some simply find it uncomfortable to dwell on worst-case scenarios, preferring to focus on growth and opportunity. The resistance is understandabl

One of the most important discovery tools in New Jersey civil litigation is the interrogatory.