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Showing posts from July, 2026
  New Jersey operates under the "American Rule" for litigation, meaning parties generally pay their own attorney fees . However, Title 2A (Administration of Civil and Criminal Justice) and Title 22A (Fees and Costs) outline specific statutes that allow prevailing parties to recover costs, disbursements, and fees under certain circumstances. [ 1 , 2 , 3 , 4 ] Key Cost Recovery Statutes N.J.S.A. § 22A:2-44 : Grants plaintiffs the right to recover court costs in proceedings enforcing penalties, mirroring the standard rules applied in general Superior Court actions . [ 1 ] N.J.S.A. § 2A:39-8 : Allows a prevailing plaintiff in an unlawful entry or detainer action to recover all proximately caused damages, including court costs and expenses . [ 1 ] N.J.S.A. § 22A:2-42 : Dictates specific taxation of prevailing attorney fees in the Special Civil Part (generally for cases involving $20,000 or less). For example, the prevailing attorney is entitled to 5% of the first $500 of the...