- 4:10-2-Scope of Discovery; Treating Physician 4:10-2 Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:, In General., Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, electronically stored information, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence; nor is it ground for objection that the examining party has knowledge of the matters as to which discovery is sought. , Insurance Agreements., A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. , Trial Preparation; Materials., Subject to the provisions of R. 4:10-2(d), a party may obtain discovery of documents, electronically stored information, and tangible things otherwise discoverable under R. 4:10-2(a) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including an attorney, consultant, surety, indemnitor, insurer or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of R. 4:23-1(c) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (1) a written statement signed or otherwise adopted or approved by the person making it, or (2) a stenographic, mechanical, electronic, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. , Trial Preparation; Experts., Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of R. 4:10-2(a) and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: A party may through interrogatories require any other party to disclose the names and addresses of each person whom the other party expects to call at trial as an expert witness, including a treating physician who is expected to testify and, whether or not expected to testify, of an expert who has conducted an examination pursuant to R. 4: 19-1 or to whom a party making a claim for personal injury has voluntarily submitted for examination without court order. The interrogatories may also require, as provided by R. 4: 1 7-4(a), the furnishing of a copy of that person's report. Discovery of communications between an attorney and any expert retained or specially employed by that attorney is limited to facts and data considered by the expert in rendering the report. Except as otherwise expressly provided by R. 4: 17-4(e), all other communications between counsel and the expert constituting the collaborative process in preparation of the report, including all preliminary or draft reports produced during this process, shall be deemed trial preparation materials discoverable only as provided in paragraph (c) of this rule. Unless the court otherwise orders, an expert whose report is required to be furnished pursuant to subparagraph (1) may be deposed as to the opinion stated therein at a time and place as provided by R. 4:14-7(b)(2). Unless otherwise ordered by the court, the party taking the deposition shall pay the expert or treating physician a reasonable fee for the appearance, to be determined by the court if the parties and the expert or treating physician cannot agree on the amount therefor. The fee for the witness’s preparation for the deposition shall, however, be paid by the proponent of the witness, unless otherwise ordered by the court. A party may discover facts known or opinions held by an expert ( other than an expert who has conducted an examination pursuant to R. 4: 19-1) who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial only upon a showing of exceptional circumstances under which it is impractical for the party seeking discovery to obtain facts or opinions on the same subject by other means. If the court permits such discovery, it shall require the payment of the expert's fee provided for by R. 4:10- 2(d)(2), and unless manifest injustice would result, the payment by the party seeking discovery to the other party of a fair portion of the fees and expenses which had been reasonably incurred by the party retaining the expert in obtaining facts and opinions from that expert. A party shall not seek a voluntary interview with another party's treating physician unless that party has authorized the physician, in the form set forth in Appendix XII-C, to disclose protected medical information. , Claims of Privilege or Protection of Trial Preparation Materials., , Information Withheld., When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. , Information Produced., If information is produced in discovery that is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable efforts to retrieve it. The producing party must preserve the information until the claim is resolved. , Electronic Information., , Metadata in Electronic Documents., A party may request metadata in electronic documents. When parties request metadata in discovery, they should consult and seek agreement regarding the scope of the request and the format of electronic documents to be produced. Absent an agreement between the parties, on a motion to compel discovery or for a protective order, the party from whom discovery is sought shall demonstrate that the request presents undue burden or costs. Judges should consider the limitations of R. 4:10-2(g) when reviewing such motions. , Claims that Electronically Stored Information is Not Reasonably Accessible., A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On a motion to compel discovery or for a protective order, the party from whom discovery is sought shall demonstrate that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court nevertheless may order discovery from such sources if the requesting party establishes good cause, considering the limitations of R. 4:10-2(g). The court may specify conditions for the discovery. , Limitation on Frequency of Discovery., The frequency or extent of use of the discovery methods otherwise permitted under these rules shall be limited by the court if it determines that: (1) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (3) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues. The court may act pursuant to a motion or on its own initiative after reasonable notice to the parties. Official Comment Regarding Paragraph (f)(1) (August 1, 2016) “Metadata” is embedded information in electronic documents that is generally hidden from view in a printed copy of a document. It is generated when documents are created or revised on a computer. Metadata may reflect such information as the author of a document, the date or dates on which the document was revised, tracked revisions to the document, and comments inserted in the margins. It may also reflect information necessary to access, understand, search, and display the contents of documents created in spreadsheet, database, and similar applications. The amendment to this Rule regarding metadata in electronic documents does not affect the general rule that information protected by privilege is not subject to discovery., Note:, Source — R.R. 4:16-2, 4:23-1, 4:23-9, 5:5-1(f). Amended July 14, 1972 to be effective September 5, 1972 (paragraphs (d)(1) and (2) formerly in R. 4:17-1); paragraph (d)(2) amended July 14, 1992 to be effective September 1, 1992; paragraphs (c) and (d)(1) and (3) amended July 13, 1994 to be effective September 1, 1994; paragraph (d)(1) amended June 28, 1996 to be effective September 1, 1996; paragraph (e) adopted July 10, 1998 to be effective September 1, 1998; paragraph (d)(1) amended July 12, 2002 to be effective September 3, 2002; corrective amendments to paragraph (d)(1) adopted September 9, 2002 to be effective immediately; caption amended, paragraphs (a), (c), and (e) amended, and new paragraphs (d)(4), (f), and (g) adopted July 27, 2006 to be effective September 1, 2006; subparagraph (d)(1) amended July 19, 2012 to be effective September 4, 2012; new caption added to paragraph (f), caption and text of former subparagraph (f) redesignated as subparagraph (f)(2), new subparagraph (f)(1) and Official Comment adopted August 1, 2016 to be effective September 1, 2016; paragraph (d) amended July 15, 2024 to be effective September 1, 2024. Part 4
- Temporary Restraining Order Process CN: 12969 Translations Available Translation exists logo.
- 4:14-5-Submission to Witness; Changes; Signing 4:14-5 If the officer at the taking of the deposition is a certified shorthand reporter, the witness shall not sign the deposition. If the officer is not a certified shorthand reporter, then unless reading and signing of the deposition are waived by stipulation of the parties, the officer shall request the deponent to appear at a stated time for the purpose of reading and signing it. At that time or at such later time as the officer and witness agree upon, the deposition shall be submitted to the witness for examination and shall be read to or by the witness, and any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness. If the witness fails to appear at the time stated or if the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the witness' failure or refusal to sign, together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under R. 4:16-4(d) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part., Note:, Source-R.R. 4:20-5. Amended July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:14-4-Motion or Application to Terminate or Limit Examination or For Sanctions 4:14-4 At any time during the taking of the deposition, on formal motion or telephone application to the court of a party or of the deponent and upon a showing that the examination or any part thereof is being conducted or defended in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the deponent or party, or in violation of R. 4:14-3(c) or (f), the court may order the person conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in R. 4:10-3. If the order made terminates the examination, it shall be resumed thereafter only upon further order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion or telephone application for an order. The provisions of R. 4:23-1(c) shall apply to the award of expenses incurred in making or defending against the motion or telephone application., Note:, Source-R.R. 4:20-4. Amended July 14, 1972 to be effective September 5, 1972; amended June 28, 1996 to be effective September 1, 1996. Part 4
- 4:21A-2-Qualification, Selection, Assignment and Compensation of Arbitrators 4:21A-2, Inclusion on Roster., , Qualifications., An applicant for inclusion on a roster of arbitrators maintained by the Administrative Office of the Courts shall be either: (1) a retired judge of any court of this State who is not on recall; or (2) an attorney admitted to practice in this State having at least ten years of consistent and extensive experience in New Jersey in any of the substantive areas of law subject to arbitration under these rules. , Arbitrator Training Requirements., To be listed on the approved roster of arbitrators, the applicant must have completed the initial training and continuing education required by R. 1:40-12(c). , Certified Civil Trial Attorneys., A Certified Civil Trial Attorney with the requisite experience, who has also completed the training and continuing education required by R. 1:40-12(c), will be entitled to automatic inclusion on the roster. , Local Arbitrator Selection Committee., Generally. The arbitrator selection committee, which shall meet at least once annually, shall be appointed by the county bar association and shall consist of at least: one attorney regularly representing plaintiffs in each of the substantive areas of law subject to arbitration under these rules, one attorney regularly representing defendants in each of the substantive areas of law subject to arbitration under these rules, and one member of the bar who does not regularly represent either plaintiff or defendant in each of the substantive areas of law subject to arbitration under these rules. The members of the arbitrator selection committee shall be eligible for inclusion in the roster of arbitrators. Screening Process. The local arbitrator selection committee will submit recommendations for the roster to the Assignment Judge or designee for final approval. The committee shall review the roster of arbitrators annually and, when appropriate, shall make recommendations to the Assignment Judge to remove arbitrators from the roster. , Assignment by Stipulation., All parties to the action may stipulate in writing to the number and names of the arbitrators. The stipulation shall be filed with the civil division manager within 14 days after the date of the notice of arbitration. The stipulated arbitrators shall be subject to the approval of the Assignment Judge or designee and may be approved whether or not they met the requirements of paragraph (a) of this rule if the Assignment Judge or designee is satisfied that they are otherwise qualified and that their service would not prejudice the interest of any of the parties. , Assignment from Roster., If the parties fail to stipulate to the arbitrators pursuant to paragraph (a) of this rule, the arbitrator shall be designated by the civil division manager from the roster of arbitrators maintained by the Assignment Judge. The Assignment Judge shall file the roster with the Administrative Director of the Courts. A motion to disqualify an assigned arbitrator shall be made to the Assignment Judge or designee on the date of the hearing. , Number of Arbitrators., All arbitration proceedings in each vicinage in which the number and names of the arbitrators are not stipulated by the parties pursuant to paragraph (a) of this rule shall be conducted by either a single arbitrator or by a two arbitrator panel, as determined by the Assignment Judge or designee. , Compensation of Arbitrators., , Assigned Arbitrators., Except as provided by subparagraph (2) hereof, a single arbitrator designated by the civil division manager, including a retired judge not on recall, shall be paid a per diem fee of $400. Two-arbitrator panels shall be paid a total per diem fee of $650, to be divided evenly between the panel members. , Stipulated Arbitrators., Arbitrators stipulated to by the parties pursuant to R. 4:21A-2(a) shall be compensated at the rate of $70 per hour but not exceeding a maximum of $400 per day. If more than one stipulated arbitrator hears the matter, the fee shall be $70 per hour but not exceeding $650 per day, to be divided equally between or among them. The parties may, however, stipulate in writing to the payment of additional fees, such stipulation to specify the amount of the additional fees and the party or parties paying the additional fees. , Note:, Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (b) amended July 10, 1998 to be effective September 1, 1998; caption amended, paragraph (c) amended, and new paragraph (d) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (b) and (d)(1) amended, and former paragraph (d)(3) deleted July 12, 2002 to be effective September 3, 2002; paragraphs (b), (c), (d)(1), and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (b) amended July 27, 2006 to be effective September 1, 2006; paragraph (b) amended July 28, 2017 to be effective September 1, 2017; paragraph (b) amended July 27, 2018 to be effective September 1, 2018; new paragraph (a) adopted, former paragraph (a) amended caption and text redesignated as paragraph (b), former paragraph (b) caption and text amended and redesignated as paragraph (c), former paragraph (c) caption and text amended and redesignated as paragraph (d), former paragraph (d) amended and redesignated as paragraph (e), and subparagraph (e)(1) caption amended July 31, 2020 to be effective September 1, 2020; subparagraphs (e) (1) and (e)(2) amended June 24, 2025 to be effective July 1, 2025. Part 4
- 4:21A-1-Actions Subject to Arbitration; Notice and Scheduling of Arbitration 4:21A-1, Mandatory Arbitration., Arbitration pursuant to this rule is mandatory for applicable cases on Tracks I, II, and III, as set forth in paragraphs (1), (2), and (3) below, and only as required by the managing judge for cases on Track IV, except that cases having undergone a prior, unsuccessful court-ordered mediation shall not be scheduled for arbitration unless the court finds good cause for the matter to be arbitrated or unless all parties request arbitration. , Automobile Negligence Actions., All tort actions arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with these rules. , Other Personal Injury Actions., Except for professional malpractice and products liability actions, all actions for personal injury not arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with these rules. , Other Non-Personal Injury Actions., All actions on a book account or instrument of obligation, all personal injury protection claims against plaintiff's insurer, and all other contract and commercial actions that have been screened and identified as appropriate for arbitration shall be submitted to arbitration in accordance with these rules. , Voluntary Arbitration., Any action not subject to mandatory arbitration pursuant to subsections (1), (2), or (3) of paragraph (a) of this rule may be submitted to arbitration on written stipulation of all parties filed with the civil division manager. , Removal From Arbitration., An action assigned to arbitration may be removed therefrom as follows: Prior to the notice of the scheduling of the case for arbitration or within 15 days thereafter, the case may be removed from arbitration upon submission to the arbitration administrator of a certification stating with specificity that the controversy involves novel legal or unusually complex factual issues or is otherwise ineligible for arbitration pursuant to paragraph (a). A copy of this certification must be provided to all other parties. A party who objects to removal shall so notify the arbitration administrator within ten days after the receipt of the certification, and the matter will then be referred to a judge for determination. The arbitration administrator shall, however, remove the case from arbitration if no objection is made and the reasons for removal certified to are sufficient. If either party seeks to remove a case from arbitration subsequent to 15 days after the notice of hearing, a formal motion must be made to the Civil Presiding Judge or designee. , Notice of Arbitration; Scheduling; Adjournment., The notice to the parties that the action has been assigned to arbitration shall also specify the time and place of the arbitration hearing and its date, which shall not be earlier than 45 days following the date of the notice. Unless the parties otherwise consent in writing, the hearing shall not be scheduled for a date prior to the end of the applicable discovery period, including any extension thereof. The hearing shall take place, however, no later than 60 days following the expiration of that period, including any extension. Adjournments of the scheduled date shall be permitted only as provided by R. 4:36-3(b). , Pretrial Discovery., The assignment of an action for arbitration shall not affect a party's opportunity to engage in pretrial discovery nor an attorney's professional obligation to do so. , Arbitration in Family Part Matters., Arbitration in Family Part matters shall be governed by R. 5:1-5. , Note:, Adopted November 1, 1985 to be effective January 2, 1986; paragraph (c) amended November 5, 1986 to be effective January 1, 1987; caption amended and former paragraph (a) redesignated paragraph (a)(1) and new paragraph (a)(2) adopted, paragraphs (b) and (c)(1) and (2) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a)(1) and (2) and (c)(1) and (2) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a)(2) and (c)(1) amended July 13, 1994 to be effective September 1, 1994; paragraphs (b) and (d) amended July 10, 1998 to be effective September 1, 1998; new text added to paragraph (a), paragraphs (a)(1) and (2) amended, new paragraph (a)(3) adopted, and paragraphs (c) and (d) amended July 5, 2000 to be effective September 5, 2000; corrective amendment to paragraph (d) adopted October 10, 2000 to be effective immediately; caption to R. 4:21A amended, and text of paragraph (a) of R. 4:21A-1 amended July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (c)(1) amended July 28, 2004 to be effective September 1, 2004; subparagraph (a)(2) amended July 27, 2006 to be effective September 1, 2006; new paragraph (f) caption and text adopted July 27, 2015 to be effective September 1, 2015. Part 4
- 4:24-1-Time for Completion of Discovery and Effect of Remand from the Federal Courts 4:24-1, Originally Named Parties., Except for proceedings under R. 4:11 (depositions before action or pending appeal), and R. 4:22 (request for admissions) and except as otherwise provided by R. 5:5-1(e) (civil family actions), all proceedings referred to in R. 4:10-1 to R. 4:23-4 inclusive shall be completed within the time for each Track as hereafter prescribed counting from the date the first answer is filed or from 90 days after the first defendant is served, whichever occurs first: Track I – 150 days; Track II – 300 days; and Tracks III and IV, except as otherwise provided by R. 4:69-4 – 450 days. If an originally named party has been unable to be timely served, an extension of discovery may be sought pursuant to paragraph (c) of this rule. , Added Parties., A party filing a pleading that joins a new party to the action shall serve a copy of all discovery materials on or otherwise make them available to the new party within 20 days after service of the new party's initial pleading. If a new party is joined, the scheduled discovery end date shall be extended for a 60-day period, unless reduced or enlarged by the court for good cause shown. , Extensions of Time., The parties may consent to extend the time for discovery for an additional 60 days by stipulation filed with the court or by submission of a writing signed by one party and copied to all parties, representing that all parties have consented to the extension. A consensual extension of discovery must be sought prior to the expiration of the discovery period. If the parties do not agree or a longer extension is sought, a motion for relief shall be filed with the Civil Presiding Judge or designee in Track I, II, and III cases and with the designated managing judge in Track IV cases, and made returnable prior to the conclusion of the applicable discovery period. The movant shall append to such motion copies of all previous orders granting or denying an extension of discovery or a certification stating that there are none. On restoration of a pleading dismissed pursuant to R. 1:13-7 or R. 4:23-5(a)(1) or if good cause is otherwise shown, the court shall enter an order extending discovery. Any proposed form of extension order shall describe the discovery to be completed, set forth proposed dates for completion, and state whether the adverse parties consent. Any order of extension may include such other terms and conditions as appropriate. No extension of the discovery period may be permitted after an arbitration or trial date is fixed, unless exceptional circumstances are shown. , Remand from the Federal Courts., On matters remanded from a United States District Court, or United States Bankruptcy Court, all injunctions, orders, and other proceedings in such action prior to its remand shall remain in full force and effect until dissolved or modified by the Superior Court. The computation of the discovery end date in such matters shall exclude the period from the date of the notice of removal to the date the order of remand is filed with the civil division manager in the county of venue in the Superior Court action. Unless the court directs otherwise, the court to which the matter has been remanded shall conduct a case management conference pursuant to R. 4:5B-2 within thirty days of the filing of the order of remand to enter a case management order that provides dates for (1) the filing of motions for reconsideration of interlocutory orders entered by the federal court and for leave to amend pleadings filed in the federal court, and for (2) the completion of all discovery. , Note:, Source – R.R. 4:28(a)(d); amended July 13, 1994 to be effective September 1, 1994; amended January 21, 1999 to be effective April 5, 1999; caption amended, text amended and designated as paragraph (a), new paragraphs (b), (c), and (d) adopted July 5, 2000 to be effective September 5, 2000; corrective amendment to paragraph (d) adopted February 26, 2001 to be effective immediately; paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended July 27, 2006 to be effective September 1, 2006; paragraphs (b) and (c) amended July 9, 2008 to be effective September 1, 2008; paragraph (c) amended July 23, 2010 to be effective September 1, 2010; paragraph (d) deleted and new paragraph (d) adopted July 22, 2014 to be effective September 1, 2014; caption amended, and paragraph (d) caption and text amended July 27, 2018 to be effective September 1, 2018. Part 4
- 4:22-1-Request for Admission 4:22-1 A party may serve upon any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of R. 4:10-2 relating to facts, the application of law to fact, or opinions about either; and the genuineness of any described documents. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney; but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after being served with the summons and complaint. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made, and that the information known or readily obtainable is insufficient to enable an admission or denial. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request but may, subject to the provisions of R. 4:23-3, deny the matter or set forth reasons for not being able to admit or deny. Requests for admission and answers thereto shall be served pursuant to R. 1:5-1 and shall not be filed unless the court otherwise directs. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The provisions of R. 4:23-1(c) apply to the award of expenses incurred in relation to the motion., Note:, Source-R.R. 4:26-1. Former rule deleted and new R. 4:22-1 adopted July 14, 1972 to be effective September 5, 1972; amended November 27, 1974 to be effective April 1, 1975; amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994; amended July 15, 2024 to be effective September 1, 2024. Part 4
- 4:23-1-Motion for Order Compelling Discovery 4:23-1 A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:, Motion., If a deponent fails to answer a question propounded or submitted under R. 4:14 or 4:15, or a corporation or other entity fails to make a designation under R. 4:14- 2(c) or 4:15-1, the discovering party may move for an order compelling an answer or designation in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion pursuant to R. 4:10-3. , Evasive or Incomplete Answer., For the purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. , Award of Expenses of Motion., If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party opposing the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner., Note:, Source-R.R. 4:27-1. Former rule deleted and new R. 4:23-1 adopted July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000. Part 4
- 4:23-2-Failure to Comply With Order 4:23-2, Failure to Be Sworn or Answer a Question., If a deponent fails to be sworn or to answer a question after being directed to do so, the failure may be considered a contempt of that court. , Other Matters., If a party or an officer, director, or managing or authorized agent of a party or a person designated under R. 4:14-2(c) or 4:15-1 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under R. 4:23-1, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following: An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the introduction of designated matters in evidence; An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof with or without prejudice, or rendering a judgment by default against the disobedient party; In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. , Note:, Source-R.R. 4:27-2(a)(b). Former rule deleted and new R. 4:23-2 adopted July 14, 1972 to be effective September 5, 1972; paragraph (b)(2) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (b)(3) amended July 12, 2002 to be effective September 3, 2002. Part 4
- 4:23-4-Failure of Party to Attend at Own Deposition 4:23-4 If a party or an officer, director, or managing agent of a party or a person designated under R. 4:14-2(c) or 4:15-1 to testify on behalf of a party fails to appear before the officer within this State who is to take his deposition, after being served with a proper notice, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (1), (2) and (3) of R. 4:23- 2(b). In lieu of any order or in addition thereto the court shall require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by R. 4:10-3., Note:, Source - R.R. 4:27-4. Former rule deleted and new R. 4:23-4 adopted July 14, 1972 to be effective September 5, 1972; amended July 5, 2000 to be effective September 5, 2000; caption amended July 27, 2006 to be effective September 1, 2006. Part 4
- 4:23-3-Expenses on Failure to Admit 4:23-3 If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that The request was held objectionable pursuant to R. 4:22-1, or The admission sought was of no substantial importance, or The party failing to admit had reasonable ground for not making the admission., Note:, Source-R.R. 4:27-3. Former rule deleted and new R. 4:23-3 adopted July 14, 1972 to be effective September 5, 1972; introductory paragraph amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:22-2-Effect of Admission 4:22-2 Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of R. 4:25-1 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will be prejudicial to maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against that party in any other proceeding., Note:, Source-R.R. 4:26-2. Former rule deleted and new R. 4:22-2 adopted July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994 Part 4
- 4:23-6-Electronically Stored Information 4:23-6 Absent exceptional circumstances, the court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system., Note:, Adopted July 27, 2006 be effective September 1, 2006. Part 4
- 4:28-4-Notice to Attorney General and Attorneys for Other Governmental Bodies 4:28-4, Actions Involving Validity of Statute, Ordinance, etc.; Unknown Owners., , State enactments; unknown owners., If the validity of a State constitutional provision or of a statute, rule, regulation, executive order or franchise of this State is questioned in any action to which the State or an agency or officer thereof is not a party, the party raising the question shall give notice of the pendency of the action to the Attorney General. If the validity of an ordinance, regulation or franchise of a governmental subdivision of this State affecting the public interest is questioned in any action to which the subdivision or an agency or officer thereof is not a party, the party raising the question shall give notice of the pendency of the action to the attorney or chief legal officer of the governmental subdivision. The plaintiff in any action brought against unknown owners of or claimants to real property shall give notice of the pendency of the action to the Attorney General if the State is not already a party thereto. , Federal enactments., If the constitutionality or validity of any federal statute, regulation, or other enactment of the federal government or any of its agencies is challenged in an action to which neither the federal government nor its agency or official is a party, the party raising the question shall give notice of the pendency of the action to the United States Attorney General or duly appointed designee for service. , Actions Involving Charities, Trusts and Estates., In addition to the notices to the Attorney General required by R. 4:80-3(c) (complaint for administration in absence of known next of kin) and 4:80-6 (notice of probate), the party seeking relief therein shall also give notice to the Attorney General of any action (except a negligence action) to which a charitable corporation or the trustee of an inter vivos charitable trust is a party and of any other action involving a will by which property is devoted to a present or future charitable use or purpose; but no notice need be given to the Attorney General in any such action involving a will unless the Attorney General has given written notice to the executor or administrator of a request to be notified of any action in connection with the estate. , Form and Service of Notice., The notice required by this rule shall have annexed to it a copy of all pleadings then filed. Notice to any official or agency of this State may be by ordinary mail. Notice to the United States Attorney General or duly appointed designee shall be by registered or certified mail with simultaneous ordinary mail service. , Intervention; Judicial Action., The federal, State or other government or its officials or agencies shall be permitted to intervene in the action by motion filed and served within 60 days following its receipt of the notice required by this rule, which time shall be enlargeable on motion filed and served during said 60-day period. Such motions shall be freely granted for good cause and in the interests of justice. Prior to expiration of the time to intervene, the court may reject the challenge or may grant interlocutory relief, but may not enter a final judgment declaring the enactment invalid. , Note:, Source - R.R. 4:37-2, 4:117-6. Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; text of paragraph (a) redesignated as paragraph (a)(1), paragraph (a)(2) adopted, paragraph (c) amended, and paragraph (d) caption and text amended July 27, 2006 to be effective September 1, 2006. Part 4
- 4:29-1-Permissive Joinder 4:29-1, Joinder by Parties., All persons may join in one action as plaintiffs or be joined as defendants jointly, severally, in the alternative, or otherwise, if the right to relief asserted by the plaintiffs or against the defendants arises out of or in respect of the same transaction, occurrence, or series of transactions or occurrences and involves any question of law or fact common to all of them. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities. , Joinder by Order of the Court., The court on its own motion may order the joinder of any person subject to service of process whose existence was disclosed by the notice required by R. 4:5-1(b)(2) or by any other means who may be liable to any party on the basis of the same transactional facts. The court shall not order such joinder unless it finds for specific reasons stated on the record that the interests of judicial economy and of non-parties which would be served by such joinder substantially outweigh the interests of the named parties in not joining additional parties. , Certain Tax Foreclosure and Condemnation Actions., Anything in paragraph (a) of this rule to the contrary notwithstanding: A purchaser of a tax sale certificate (other than a municipality) or the purchaser's heirs or assigns may file a complaint to foreclose the right of redemption and may join therein 2 or more separate causes of action, or causes of action founded upon 2 or more certificates of sale of the same municipality and of the same or different tracts of land, covering but not exceeding 15 tax sale certificates. Where a municipality has acquired lands by purchase at sales held to enforce a tax or other municipal lien, it may join in an action to foreclose the right of redemption of such lands, causes of action to foreclose such rights of redemption, covering but not exceeding 15 tax sale certificates. The plaintiff in an action under N.J.S.A. 54:5-104.29 et seq. (In Rem Tax Foreclosure Act) may join in the action not more than 200 tax sale certificates. The plaintiff in an action under R.S. 54:8-3 (Destruction or Loss of Public Tax Records) may join in the action any number of separate parcels of land of the same owner. The plaintiff in an action for condemnation may join in the action not more than 10 separate parcels of land, except by leave of court. The plaintiff in an action for foreclosure of timeshare mortgages may join in the action not more than 10 separate timeshare units, provided all involve the same timeshare plan and the nature of the default is substantially the same for each timeshare mortgage joined. The court may order any action to which this rule applies severed and the provisions of R. 4:4-4 and R. 4:4-5 for service with process of a copy of the complaint upon all defendants may not be relaxed. , Note:, Source-R.R. 4:33-1(a)(b); paragraph (b)(1), (2) and (3) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended June 29, 1990 to be effective September 4, 1990; paragraph (b)(1) amended July 13, 1994 to be effective September 1, 1994; caption and text of paragraph (a) amended, former paragraph (b) redesignated as paragraph (c), and new paragraph (b) adopted July 10, 1998 to be effective September 1, 1998; former paragraph (c)(6) renumbered as paragraph (c)(7) and new paragraph (c)(6) added October 28, 2010 to be effective December 1, 2010. Part 4
- 4:28-1-Joinder of Persons Needed for Just Adjudication 4:28-1, Persons to Be Joined if Feasible., A person who is subject to service of process shall be joined as a party to the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest in the subject of the action and is so situated that the disposition of the action in the person's absence may either (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or other inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant. , Disposition by Court if Joinder Not Feasible., If a person should be joined pursuant to R. 4:28-1(a) but cannot be served with process, the court shall determine whether it is appropriate for the action to proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, the extent to which a judgment rendered in the person's absence might be prejudicial to that person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. , Pleading as to Non-joinder., A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons described in R. 4:28-1(a) who are not joined and the reason why they are omitted. , Party Refusing to Join as Plaintiff., If a party who should be a plaintiff is joined in the complaint as a defendant, it shall state the reason therefor. , Applicability; Exceptions., This rule is applicable to the personal representatives of a deceased person described by R. 4:28-1(a). This rule is, furthermore, subject to the provisions of R. 4:32 (class actions). , Note:, Source-R.R. 4:32-1, 4:32-3, 4:32-4, 4:32-5; paragraphs (a) and (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (e) amended July 10, 1998 to be effective September 1, 1998. Part 4
- 4:27-2-Joinder of Remedies; Fraudulent Conveyances 4:27-2 Except as provided by N.J.S. 2A:50-2 and 2A:50-22 (debt secured by mortgage) and except as otherwise provided by R. 4:7-5 (mandatory crossclaims), if a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, then the 2 claims may be joined in a single action, but the court shall grant relief therein only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to plaintiff, without first having obtained a judgment establishing the claim for money., Note:, Source-R.R. 4:31-2. Amended July 14, 1972 to be effective September 5, 1972; amended July 16, 1979 to be effective September 10, 1979; amended July 15, 1982 to be effective September 13, 1982; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:27-1-Joinder of Claims 4:27-1 Subject to R. 4:30A (entire controversy doctrine), the plaintiff in the complaint or in an answer to a counterclaim denominated as such and the defendant in an answer setting forth a counterclaim may join, either as independent or as alternate claims, as many claims, either legal or equitable or both, as he or she may have against an opposing party. There may be a like joinder of claims when there are multiple parties if the requirements of R. 4:28 (joinder of parties), R. 4:29 (joinder of multiple parties), and R. 4:31 (interpleader) are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of R. 4:7 (counterclaim and cross-claim) and R. 4:8 (third-party practice) respectively are satisfied., Note:, Source-R.R. 4:31-1. Paragraph designations and paragraph (b) adopted July 16, 1979 to be effective September 10, 1979; caption of paragraph (a) deleted, paragraph (a) amended, and paragraph (b) deleted June 29, 1990 to be effective September 4, 1990. Part 4
- 4:28-3-Claims by or Against Spouse 4:28-3, Generally., Claims by or against a husband and wife may be joined with claims by or against either of them separately. , Mandatory Joinder of Spouses in Certain Negligence Actions., All claims by spouses for physical injury and consortium losses resulting from the same course of negligent conduct of others shall be joined in a single action and shall be deemed to have been waived if not so joined unless the court, for good cause shown, otherwise orders., Note:, Source-R.R. 4:32-7. Part 4