A civil reservation is a municipal court practice that permits a municipal court judge to order that a guilty plea not be used as evidence in any related civil proceeding. (Maida v. Kuskin, 221 N.J. 112 (2015))Pleading guilty to a municipal court offense creates a presumption of negligence that may be used in a subsequent civil action. By way of example, if a client is involved in a car accident and pleads guilty in municipal court to a downgraded violation, such as Careless Driving, that plea might be able to be used as an admission of negligence in a personal injury action. However, if the client enters the plea in municipal court and requests a civil reservation of rights, that client is offered certain protections. Entering a civil reservation of rights is a shield that every attorney should be familiar with to safeguard a client.At this timely webinar, our panel will discuss what civil reservation of rights is, the importance of correctly entering the reservation of rights, and its impact on a later personal injury action.
NY CLE (nt):
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