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NOTICE TO THE BAR

SUPREME COURT OF NEW JERSEY

It is ORDERED that the attached amendments to Rule 4:24-1 of the Rules Governing the Courts of the State of New Jersey are adopted effective immediately. 

4:24-1. Time for Completion of Discovery

            (a) … no change

            (b) … no change

            (c)  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 Rule 1:13-7 or Rule 4:23-5(a)(1) or if good cause is otherwise shown, the court shall enter an order extending discovery and specifying the date by which discovery shall be completed. The extension order may describe the discovery to be completed and such other terms and conditions as may be appropriate.  No extension of the discovery period may be permitted after an arbitration or trial date is fixed, unless exceptional circumstances are shown.

            (d) … no change

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 December 2, 2008 to be effective immediately.

 

For the Court,
Stuart Rabner
Chief Justice

Dated: December 2, 2008

 


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