Rule 4:21A-1.Actions Subject to Arbitration; Notice and Scheduling of Arbitration

Last amended September 1, 2015 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:21A-1 makes arbitration mandatory for automobile-negligence, most personal-injury, and screened contract and commercial actions on Tracks I through III, allows voluntary arbitration of other cases, and sets the rules for removal, scheduling, and preserving discovery.

Full Text of Rule 4:21A-1

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

(a) 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.

(1) 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.

(2) 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.

(3) 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.

(b) 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.

(1) 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.

(2) 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.

(d) 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).

(e) 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.

(f) Arbitration in Family Part Matters. Arbitration in Family Part matters shall be governed by R. 5:1-5.

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 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. 4:21Aamended, and text of paragraph (a) of R. 4:21A-1amended 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.

Plain-English Summary

New Jersey channels many civil cases through court-annexed arbitration before trial. This rule makes arbitration mandatory for applicable cases on Tracks I, II, and III: all automobile-negligence actions, most other personal-injury actions (excepting professional malpractice and products liability), and actions on a book account or instrument of obligation, PIP claims against a plaintiff's own insurer, and other contract and commercial actions screened as appropriate. Track IV cases go to arbitration only as the managing judge requires, and a case that already went through unsuccessful court-ordered mediation is not arbitrated absent good cause or the parties’ request.

The rule also handles the edges. Any other case may be submitted voluntarily by stipulation. A case may be removed from arbitration by a timely certification of novel or complex issues (with an objection process), or, later, by motion to the Civil Presiding Judge. The arbitration hearing is set at least 45 days out and generally after discovery ends, and assignment to arbitration does not curtail a party’s discovery rights.

Frequently Asked Questions

Which New Jersey cases must go to arbitration?

On Tracks I through III, automobile-negligence actions, most personal-injury actions other than professional malpractice and products liability, and contract and commercial actions screened as appropriate for arbitration.

Can a case be removed from mandatory arbitration?

Yes. A party may remove it by a timely certification that the case involves novel legal or unusually complex factual issues, subject to an objection process, or later by formal motion to the Civil Presiding Judge or designee.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:21A-1). 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: mandatory arbitrationactions subject to arbitrationcourt-annexed arbitrationautomobile negligence arbitrationremoval from arbitration