- 4:33-2-Permissive Intervention 4:33-2 Upon timely application anyone may be permitted to intervene in an action if the claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a state or federal governmental agency or officer, or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the agency or officer upon timely application may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties., Note:, Source-R.R. 4:37-3; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:34-1-Death 4:34-1, Party Survivors., In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be noted upon the record and the action shall proceed in favor of or against the surviving parties. , Non-party Survivors., If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and notice thereof shall be served on parties as provided by R. 1:5-2 and on persons not parties in the manner provided by either R. 4:4 (service of original process) or, if the court directs, R. 4:67-3 (service of orders to show cause). , Note:, Source-R.R. 4:38-1(a) (b). Part 4
- 4:33-1-Intervention as of Right 4:33-1 Upon timely application anyone shall be permitted to intervene in an action if the applicant claims an interest relating to the property or transaction which is the subject of the action and is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest, unless the applicant's interest is adequately represented by existing parties., Note:, Source-R.R. 4:37-1; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:33-3-Procedure 4:33-3 A person desiring to intervene shall file and serve on all parties a motion to intervene stating the grounds therefor and accompanied by a pleading setting forth the claim or defense for which intervention is sought along with a Case Information Statement pursuant to R. 4:5-1(b)(1). The appropriate filing fee for the proposed pleading shall be paid at the time of filing the motion to intervene but shall be returned if that motion is denied., Note:, Source-R.R. 4:37-4; amended July 9, 2008 to be effective September 1, 2008. Part 4
- 4:35-2-Advisory Jury and Trial by Consent 4:35-2 The court on motion or its own initiative may try with an advisory jury any issue not triable of right by a jury, or it may, with the consent of all parties appearing at the trial, order a trial of any such issue with a jury whose verdict has the same effect as if trial by jury had been a matter of right., Note:, Source-R.R. 4:40-1. Part 4
- 4:34-2-Mental Incapacity 4:34-2 If a party becomes mentally incapacitated, the court upon motion served as provided in R. 4:34- 1(b) may allow the action to be continued by or against the party's guardian or guardian ad litem., Note:, Source-R.R. 4:38-2; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002. Part 4
- 4:34-3-Transfer of Interest 4:34-3 In case of any transfer of interest, the action may be continued by or against the original party, unless the court on motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in R. 4:34-1(b)., Note:, Source-R.R. 4:38-3. Part 4
- [4:32-5]-[Derivative Action by Shareholders] [Deleted] [4:32-5], Note:, Source-R.R. 4:36-2; amended July 13, 1994 to be effective September 1, 1994, redesignated as R. 4:32-3 and amended July 27, 2006 to be effective September 1, 2006. Part 4
- NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ETC. VS. SUNSET BEACH SPORTSMEN'S CLUB, INC. (L-0415-22, CAPE MAY COUNTY AND STATEWIDE) A-3032-23 Appellate Sept. 30, 2025
- a3032-23.pdf
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- 4:11-4-Testimony for Use in Foreign Jurisdictions 4:11-4, Testimony for Use in the United States or Another Country., Whenever the deposition of a person is to be taken in this State pursuant to the laws of the United States or another country for use in connection with proceedings there, the Superior Court may, on ex parte petition, order the issuance of a subpoena to such person in accordance with R. 4:14-7. The petition shall be captioned in the Superior Court, Law Division and shall be designated "petition pursuant to R. 4:11-4(a)" and shall be filed with the Clerk of the Superior Court. It shall be treated as a miscellaneous matter and the fee charged shall be pursuant to R. 1:43. , Testimony for Use in a Foreign State., , Submission of Foreign Subpoena., Whenever the deposition of a person is to be taken in this State pursuant to the laws of a foreign state for use in connection with proceedings there, an out-of-state attorney or party may submit a foreign subpoena along with a New Jersey subpoena, in the name of the Clerk of the Superior Court, which complies with subparagraph (3) to an attorney authorized to practice in this State or to the Clerk of the Superior Court or designee. The foreign subpoena must include the following phrase below the case number: “For the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4 (b)” and shall be submitted to the Clerk of the Superior Court. It shall be treated as a miscellaneous matter and the fee charged shall be pursuant to R. 1:43. , Request Does Not Constitute Appearance., A request for the issuance of a subpoena does not constitute an appearance in the courts of this State. A request for the issuance of a subpoena does create the necessary jurisdiction in this State to enforce the subpoena; to quash or modify the subpoena; to issue any protective order or resolve any other dispute relating to the subpoena; to impose sanctions on the attorney or party requesting the issuance of the subpoena for any action which would constitute a violation of the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct; and to take such other action as may be appropriate. , Contents of Subpoena., A subpoena under this subsection shall: state the name of the New Jersey court issuing it and comply with the requirements of R. 4:14-7; incorporate the terms and conditions used in the foreign subpoena to the extent those terms and conditions do not conflict with R. 4:14-7; advise the person to whom the subpoena is directed of that person's right to move to quash or modify the subpoena or otherwise move under R. 4:10-3, R. 4:14-4. R. 4:23-1 or any other Rules Governing the Courts of the State of New Jersey that are applicable to discovery; contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and bear the caption and case number of the foreign case to which it relates, identifying the foreign jurisdiction and the court where the case is pending. , Service of Subpoena., A subpoena issued by an attorney authorized to practice in this State or by the Clerk of the Superior Court must be served in compliance with R. 1:9-3 and R. 1:9-4. , Deposition, Production, and Inspection., The provisions of R. 1:9-2 apply to a subpoena issued under this section. As required by R. 4:14-7(c), a subpoena commanding a person to produce evidence for discovery purposes may be issued only to a person whose attendance at a designated time and place for the taking of a deposition is simultaneously compelled. The subpoena shall state that the subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition and that if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action. The subpoena shall be simultaneously served no less than 10 days prior to the date therein scheduled on the witness and on all parties. Depositions and other discovery taken pursuant to the rule shall be conducted consistent with and subject to the limitations in the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct, and all other applicable laws of this State. , Motion or Application to a Court., A motion or an application to the court for a protective order or to enforce, quash, or modify a subpoena issued by an attorney authorized to practice in this State or by the Clerk of the Superior Court under section (b) must comply with the rules and statutes of this State and be submitted to the court in the county in which discovery is to be conducted or the deponent resides, is employed or transacts business. It must be filed as a miscellaneous matter bearing the caption that appears on the subpoena. The following phrase must appear below the case number of the newly filed matter: "Motion or Application Related to a Subpoena Issued Under R. 4:11-4(b)." Any later motion or application relating to the same subpoena must be filed in the same matter. , Note:, Source — R.R. 4:17-4. Amended July 21, 1980 to be effective September 8, 1980; text amended and designated as paragraph (a), paragraph (a) caption adopted, and new paragraph (b) adopted July 22, 2014 to be effective September 1, 2014; paragraph (a) and subparagraphs (b)(1), (b)(4) and (b)(6) amended and subparagraph (b)(7) deleted August 1, 2016 to be effective September 1, 2016; subparagraph (b)(1) amended August 5, 2022 to be effective September 1, 2022. Part 4
- 4:11-1-Before Action 4:11-1, Petition., A person who desires to perpetuate his or her own testimony or that of another person or preserve any evidence or to inspect documents or property or copy documents pursuant to R. 4:18-1 may file a verified petition, seeking an appropriate order, entitled in the petitioner's name, showing: (1) that the petitioner expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought; (2) the subject matter of such action and the petitioner's interest therein; (3) the facts which the petitioner desires to establish by the proposed testimony or evidence and the reasons for desiring to perpetuate or inspect it; (4) the names or a description of the persons the petitioner expects will be opposing parties and their addresses so far as known; (5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each; and (6) the names and addresses of the persons having control or custody of the documents or property to be inspected and a description thereof. The court may also grant a pre-complaint petition for depositions filed pursuant to this rule by a person asserting that due to extraordinary circumstances, which shall be explained in detail by affidavit, such depositions are necessary to enable compliance with N.J.S.A. 2A:53a27 to -29 (Affidavit of Merit Statute). , Notice and Service., At least 20 days before the date of hearing the petitioner shall serve upon each person named in the petition as an expected adverse party, in the manner provided by R. 4:4-4 and R. 4:4-5(a)(1), a notice, with a copy of the petition attached, stating the time and place of the application for the order described in the petition. If it appears to the court after diligent inquiry that such service cannot be made, the court may order service by publication or otherwise, and shall appoint an attorney to represent persons so served, who, if such persons are not otherwise represented, may cross-examine the deponent. Such attorney's compensation may be fixed by the court and charged to the petitioner. The provisions of R. 4:26-2 apply if any expected adverse party is a minor or incapacitated person. , Order and Examination., If the court finds that the perpetuation of the testimony or evidence or the inspection may prevent a failure or delay of justice, it shall make an order designating or describing the evidence to be preserved, or the documents or property to be inspected or the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions or inspection may then be taken in accordance with these rules; and the court may make such orders as are provided for by R. 4:18 and R. 4:19. , Use of Deposition., If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the United States or of the state in which it is taken, it may, in accordance with the provisions of R. 4:16-1 and R. 4:16-2, be used in any action between the same parties or their privies involving the same subject matter, which is subsequently brought in any court of this State having cognizance thereof., Note:, Source-R.R. 4:17-1. Paragraphs (c) and (d) amended July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (c) amended July 16, 1981 to be effective September 14, 1981; paragraphs (a) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b) amended July 23, 2010 to be effective September 1, 2010; paragraph (b) amended August 5, 2022 to be effective September 1, 2022. Part 4
- 4:7-5-Cross-Claim Against Co-party; Claim for Contribution or Claim for Indemnity 4:7-5, Cross-Claim., Except as otherwise provided by R. 4:67-4 (summary actions) and subject to the mandatory joinder provisions of R. 4:30A a pleading may state as a cross-claim by one party against a co-party including a claim that the latter is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. , Claim for Contribution or Claim for Indemnity., A defendant shall assert a claim for contribution or indemnity against any party to the action by inserting in the answer above the signature and under the heading "Claim for Contribution" or "Claim for Indemnity", a general demand for contribution or indemnity from a named party and specifying the statute under which such claim is made, but without setting forth the facts upon which the claim is based. If a claim for contribution or indemnity is made, the answer shall be served upon the parties against whom such relief is sought and no responsive pleading thereto need be filed. A motion at trial for the dismissal of the complaint as against a co-defendant shall be made and proceeded upon in accordance with R. 4:37-2(c). , Time for Assertion., Cross-claims may be asserted by any defendant as of right within 90 days after service upon the defendant of the original complaint or after service of the complaint upon the party against whom the cross-claim is asserted, whichever is later. A cross-claim may be thereafter asserted only by leave of court, which shall be freely given. A copy of the proposed cross-claim shall be annexed to the notice of motion seeking such leave. A non-settling defendant's failure to have asserted a cross-claim for contribution against a settling defendant, however, shall not preclude either an allocation of a percentage of negligence by the finder of fact against the settling defendant or a credit in favor of the non-settling defendant consistent with that allocation, provided plaintiff was fairly apprised prior to trial that the liability of the settling defendant remained an issue and was accorded a fair opportunity to meet that issue at trial., Note:, Source-R.R. 4:13-6(a)(b); paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraphs (a) and (b) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 18, 1990 to be effective September 4, 1990; paragraph (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:10-3-Protective Orders 4:10-3 On motion by a party or by the person from whom discovery is sought, the court, for good cause shown or by stipulation of the parties, may make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including, but not limited to, one or more of the following: That the discovery not be had; That the discovery may be had only on specified terms and conditions, including a designation of the time or place; That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; That certain matters not be inquired into, or that the scope of the discovery be limited to certain matters. That discovery be conducted with no one present except persons designated by the court; That a deposition after being sealed be opened only by order of the court; That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of R. 4:23-1(c) apply to the award of expenses incurred in relation to the motion. When a protective order has been entered pursuant to this rule, either by stipulation of the parties or after a finding of good cause, a non-party may, on a proper showing pursuant to R. 4:33-1 or R. 4:33-2, intervene for the purpose of challenging the protective order on the ground that there is no good cause for the continuation of the order or portions thereof. Neither vacation nor modification of the protective order, however, establishes a public right of access to unfiled discovery materials., Note:, Source - R.R. 4:20-2. Former rule deleted (see R. 4:14-3(a)) and new R. 4:10-3 adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:14-2); paragraph (e) amended July 29, 1977 to be effective September 6, 1977; amended July 27, 2006 to be effective September 1, 2006. Part 4