N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61
Trial by jury in Law Division
Operative Text
2A:18-61. A summary action for the removal of a tenant, commenced in the Special Civil Part but transferred to the Law Division shall be tried before a jury, unless a jury is waived. L.1951 (1st SS), c.344; amended 1991,c.91,s.67.
Under N.J.S.A. 2A:18-61, when a summary eviction proceeding that began in the Special Civil Part is transferred to the Law Division, the case must be decided by a jury trial. The right to a jury applies automatically upon transfer, though either party may choose to waive it. This provision ensures that the procedural shift between court divisions does not eliminate the jury-trial right that would otherwise attach in the Law Division.
Plain English — not legal advice.
Property owners and managers pursuing a removal action under N.J.S.A. 2A:18-61 should be aware that if their case is transferred from the Special Civil Part to the Law Division, the proceeding will be resolved by a jury unless that right is formally waived. Compliant operators generally account for the additional time, cost, and procedural complexity that a jury trial involves compared to a Special Civil Part hearing. Consulting with a licensed New Jersey attorney familiar with landlord-tenant procedure is a common step when a case reaches this stage.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-61 provides tenants with the right to a jury trial if a removal action against them is transferred from the Special Civil Part to the Law Division. This right exists automatically upon transfer and is not lost simply because the case moved between court divisions. Tenants facing such a transfer may wish to contact a tenant-rights organization or legal aid office to understand what the jury-trial right means for their particular proceeding and whether waiving it would be appropriate.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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