What is a Civil Reservation in a Municipal Court case?

What is a Civil Reservation in a Municipal Court case?

       If there was an accident with personal injury, the ticketed driver and car owner is going to be sued. Often the lawsuit claims damages in excess of an insurance policy. If the jury award is greater than insurance, they could go after your house and assets.

       If someone pleads guilty to a traffic ticket, the guilty plea is evidence before the jury, unless your attorney files a Motion for a Civil Reservation. If the Judge grants your attorney’s Motion, the guilty plea cannot be considered by the jury in the lawsuit.

       The Motion must be made in open court and on notice to the injured person.   

Motion for Civil Reservation

Rule 7:6-2. Pleas, Plea Agreements

(a) Pleas Allowed, Guilty Plea.

(1) ……. Upon the request of the defendant, the court may, at the time of the acceptance of a guilty plea, order that the plea shall not be evidential in any civil proceeding. If a defendant refuses to plead or stands mute or if the court refuses to accept a guilty plea, the court shall enter a plea of not guilty. If a guilty plea is entered, the court may hear the witnesses in support of the complaint prior to judgment and sentence and after such hearing may, in its discretion, refuse to accept the plea.