The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 et seq., creates a cause of action against individuals who knowingly submit, or cause another person or entity to submit, false claims for payment of State government funds. Pursuant to N.J.S.A. 2A:32C-5, a complaint filed under the False Claims Act must remain under seal for at least sixty (60) days. The purpose of the sealing is two-fold – to encourage citizens to come forward in such situations without fear of reprisal, and to allow the Attorney General time to investigate and determine whether to intervene in the action. To ensure that False Claims Act complaints are kept confidential, the Judicial Council has approved the use of a standardized cover sheet when filing such complaints. The use of a cover sheet will not conflict with Rule 1:38-3, which excludes from public access records “required to be kept confidential by statute,” nor will it conflict with Rule 1:38-11(c), which specifically provides that the “good cause” standard for sealing a record does not apply to actions required to be sealed pursuant to the False Claims Act.
Accordingly, this Notice is to advise the bar that, effective immediately, the False Claims Act Cover Sheet published herewith must be filed with all False Claims Act complaints. The cover sheet also is available on the Judiciary’s website (www.njcourts.com).
