Rule 4:24-1.Time for Completion of Discovery; Effect of Remand from the Federal Courts

Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:24-1 fixes the time to complete discovery by case track — 150 days on Track I, 300 on Track II, and 450 on Tracks III and IV — and sets the rules for extensions by consent or motion, added parties, and matters remanded from federal court.

Full Text of Rule 4:24-1

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

(a) 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.

(b) 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.

(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. 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.

(d) 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.

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.

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; 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.

Plain-English Summary

Discovery in New Jersey runs on a clock keyed to the case’s track. Counting from the first answer or 90 days after the first defendant is served, whichever is first, discovery must be completed within 150 days on Track I, 300 days on Track II, and 450 days on Tracks III and IV. Depositions before action and requests for admission are outside this timetable.

The period can move, but within limits. The parties may consent to a single 60-day extension sought before the period expires; a longer or contested extension requires a motion to the presiding or managing judge, returnable before the period ends, and no extension is allowed once an arbitration or trial date is fixed except on exceptional circumstances. Joining a new party extends the end date by 60 days, and a matter remanded from federal court tolls the clock and gets a case management conference.

Frequently Asked Questions

How long is the discovery period in New Jersey?

It depends on the track: 150 days on Track I, 300 days on Track II, and 450 days on Tracks III and IV, counting from the first answer or 90 days after the first defendant is served, whichever comes first.

Can the discovery period be extended?

Yes. The parties may consent to one 60-day extension sought before the period ends; a longer or contested extension needs a motion returnable before the period expires. After an arbitration or trial date is set, an extension requires exceptional circumstances.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:24-1). 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: time for completion of discoverydiscovery end datediscovery periodextension of discovery150 300 450 daysdiscovery deadline