Rule 4:103-3.Case Management Conferences and Scheduling Orders

Last amended May 7, 2024 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:103-3 requires an initial case management conference and scheduling order within 90 days of service (or 60 days of an appearance), lets that order set and later adjust the case's discovery and motion deadlines, empowers the CBLP judge to manage every aspect of the litigation at case management conferences, and requires a final pretrial conference that produces a trial plan the court can modify only to prevent manifest injustice.

Full Text of Rule 4:103-3

Text sizeJump to: (a) (b) (c) (d)

(a) Initial Case Management Conference and Scheduling Order.

(1) An initial case management conference must be convened with the parties’ attorneys and any unrepresented parties, and thereafter a scheduling order must be issued.

(2) The scheduling order must be issued as soon as practicable, but absent good cause for delay, within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.

(3) The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. R. 4:9-1 shall not apply to cases in the CBLP.

(4) The scheduling order may (i) modify the timing of disclosures under R. 4:103-1(a), (ii) modify the extent of discovery, (iii) provide for disclosure, discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under R. 4:10-2(c); (v) direct that before moving for an order related to discovery, the movant must request a conference with the court; (vi) set dates for case management conferences, the final pretrial conference and for trial; and (vii) include other appropriate matters.

(5) The parties may agree to set and/or modify interim deadlines without court approval, provided any such change will not have an impact on the discovery end date.

(b) Additional Case Management Conferences. The court in its discretion may convene additional case management conferences at any time. In connection with any case management, scheduling, or status conference, other than the final pretrial conference discussed in R. 4:25, the parties shall abide by the requirements of this rule.

(1) Attendance. A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a case management conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

(2) Matters for Consideration at a Case Management Conference. At any case management conference, in addition to the matters set forth in R. 4:25, the court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under N.J.R.E. 702;

(E) determining the appropriateness and timing of summary adjudication under R. 4:56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rules 4:10 through 4:19 and 4:22;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a special adjudicator;

(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute or rule;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under R. 4:38-2 of a claim, cross-claim, counterclaim, third-party action, or separate issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under R. 4:40-1;

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

(d) Final Pretrial Conference and Orders. All CBLP actions shall be pretried and the requirements of R. 4:25 shall apply to the final pretrial conference, which should lead to the formulation of a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Adopted July 27, 2018 to be effective September 1, 2018; subparagraph (c)(2)(H) amended May 7, 2024 to be effective immediately.

Plain-English Summary

A CBLP case gets an early, firm schedule. An initial case management conference happens with the parties' attorneys and any unrepresented parties, followed by a scheduling order that must issue as soon as practicable — within the earlier of 90 days after any defendant is served or 60 days after any defendant appears, absent good cause for delay. That order limits the time to join parties, amend pleadings, complete discovery, and file motions (R. 4:9-1's usual right to amend as of course doesn't apply here), and can modify disclosure timing, expand or narrow discovery, address electronically stored information, incorporate privilege agreements, require a pre-motion conference request, and set dates through trial. The parties themselves can adjust interim deadlines by agreement, as long as it doesn't touch the discovery end date.

The court can convene further case management conferences whenever it sees fit, and at any of them — beyond what R. 4:25 already covers — it can simplify the issues, rule on evidence, manage discovery and summary judgment timing, refer matters to a special adjudicator, adopt special procedures for a difficult or protracted case, order separate trials, or take any other step toward a just, speedy, and inexpensive resolution. A represented party has to authorize an attorney to make binding stipulations at these conferences, and the court can require a party's personal presence to discuss settlement.

Every CBLP action also gets a final pretrial conference under R. 4:25, held as close to trial as reasonable and attended by the attorney who will try the case for each side, aimed at producing a trial plan for handling the evidence. Once that final pretrial order issues, the court can only change it to prevent manifest injustice.

Frequently Asked Questions

How soon must the initial scheduling order issue in a CBLP case?

As soon as practicable, and absent good cause for delay, within the earlier of 90 days after any defendant is served or 60 days after any defendant appears.

Can the parties adjust deadlines in the scheduling order without asking the court?

Yes, they may agree to set or modify interim deadlines on their own, as long as it doesn't affect the discovery end date.

Can the court change the order issued after the final pretrial conference?

Only to prevent manifest injustice.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:103-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: CBLP scheduling ordercase management conferencefinal pretrial conference CBLP