The program and its rules are designed to better serve the litigation needs of New Jersey businesses. It helps resolve complex business, commercial and construction cases in an expedited manner. Cases typically involve business or commercial transactions or construction projects. They usually have complex factual or legal issue. Common characteristics of CBLP include:
- A large number of parties.
- Substantial discovery issues.
- Multiple experts.
- Implications for business beyond the decision.
- Probable significant interpretation of a business or commercial statues.
As part of the program, at least one judge in each vicinage is designated to handle all CBLP cases filed in that vicinage. The designated judge individually manages each case within the program. This provides better case management and efficiencies in CBLP cases. Designated judges are required to author two written opinions CBLP matters per year. The written opinions develop a body of case law. Those opinions are available for review on the Judiciary's Business Opinions webpage. To receive email notifications of new CBLP opinions, send an email to: .
A case is automatically assigned to the CBLP if the amount in controversy is at least $200,000 and the litigants self-designate the case as complex commercial or complex construction. Litigants can file a motion requesting inclusion if the claim involves complex business-related issues and/or the amount in controversy is less than $200,000. General equity cases and cases involving consumers, labor organizations, personal injury, condemnations, or government parties are not part of the program. Likewise, a motion can be made to exclude a case from the program.
Whether pursuant to a motion, or on the judge’s own accord, the CBLP judge will review a case to determine whether the complex nature of the action or the threshold damages claim amount has been established. The case will then be included or removed from the CBLP, accordingly.
Once assigned to the program, parties can use several templated forms to help expedite their case.
- A joint proposed discovery plan will be used to lay out issues discussed at the scheduling conference.
- Parties can use the model eDiscovery order to streamline discovery and a model clawback order, if needed, to protect information shared inadvertently through eDiscovery.
- They can also request confidential discovery.