New Jersey procedural guides

Plain-English guides to the New Jersey Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a New Jersey complaint: 35 days, the longest answer period in the countryNew Jersey gives a defendant 35 days after service of the summons and complaint to serve an answer, including any counterclaim — longer than any other state, and longer than the federal 21 days.
• New Jersey discovery deadlines: 60 days for interrogatories, and you cannot agree to moreNew Jersey gives 60 days to answer interrogatories, 35 days to respond to a document request, and 30 days for requests for admission — and consent orders enlarging the interrogatory time are prohibited.
• The New Jersey affidavit of merit: 60 days per defendant, and a conference that does not save youNew Jersey's affidavit of merit runs 60 days from each defendant's answer, extendable once by 60 days — and Rule 4:5B-4's case management conference does not toll it.
• The New Jersey discovery track: 150, 300 or 450 days, and a clock that starts without youNew Jersey assigns every civil case to a track at filing, and Rule 4:24-1 runs the discovery period from the first answer filed or 90 days after the first defendant is served — whichever comes first.
• New Jersey summary judgment: 28/10/4, and a statement of material facts that decides the motionNew Jersey Rule 4:46 runs summary judgment on a 28/10/4-day cycle and requires a separate numbered statement of material facts — anything not specifically disputed is deemed admitted.
• New Jersey reconsideration: 20 days for a final judgment, no deadline for an interlocutory orderNew Jersey R. 4:49-2 gives 20 days from service to move for reconsideration of a judgment or final order — but interlocutory orders run on R. 4:42-2(b), which has no deadline at all.
• Compelling discovery in New Jersey: the two-stage dismissal that ends casesNew Jersey R. 4:23-5 dismisses a delinquent party's pleading without prejudice first, then with prejudice after 60 days — and restoration costs $100, $300, or more depending on when you move.
• Setting aside a New Jersey default: bring the answer and the filing fee with the motionNew Jersey R. 4:43-3 requires a motion to vacate an entry of default to arrive with an answer or dispositive motion and the filing fee — and a default judgment goes to R. 4:50 instead.

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