Rule 4:25-4.Designation of Trial Counsel

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

In one sentenceRule 4:25-4 requires counsel to designate the trial attorney in the first pleading or within ten days after discovery ends, treats the right as waived if no designation is made, and limits changing designated counsel where it would delay trial.

Full Text of Rule 4:25-4

Text size

Counsel shall, either in the first pleading or in a writing filed no later than ten days after the expiration of the discovery period, notify the court that designated counsel is to try the case, and set forth the name specifically. If there has been no such notification to the court, the right to designate trial counsel shall be deemed waived. No change in such designated counsel shall be made without leave of court if such change will interfere with the trial schedule. In Track I or II tort cases pending for more than two years, and in Track III or IV tort cases, other than medical malpractice cases, pending for more than three years, the court, on such notice to the parties as it deems adequate in the circumstances, may disregard the designation if the unavailability of designated counsel will delay trial. If the name of trial counsel is not specifically set forth, the court and opposing counsel shall have the right to expect any partner or associate to proceed with the trial of the case, when reached on the calendar. Designations of trial counsel shall presumptively expire in all Track III medical malpractice cases pending for more than three years.

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. 4:29-3A(a); amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; caption and text; amended July 5, 2000 to be effective September 5, 2000; amended July 12, 2002 to be effective September 3, 2002; amended July 9, 2008 to be effective September 1, 2008; amended July 22, 2014 to be effective January 1, 2015.

Plain-English Summary

New Jersey lets a party lock in who will try the case. Counsel notifies the court that a designated attorney is to try the case, naming that attorney specifically, either in the first pleading or in a writing filed no later than ten days after the discovery period ends. Failing to designate waives the right, and if no trial counsel is named, the court and opposing counsel may expect any partner or associate to proceed.

The designation is not absolute. No change in designated counsel may be made without leave of court if it would interfere with the trial schedule, and in older tort cases the court may disregard a designation whose unavailability would delay trial. Designations presumptively expire in Track III medical-malpractice cases pending more than three years.

Frequently Asked Questions

How do you designate trial counsel in New Jersey?

Counsel notifies the court, naming the trial attorney specifically, in the first pleading or within ten days after discovery ends. If no designation is made, the right is deemed waived.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:25-4). 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: designation of trial counseltrial counsel designationwaiver of designation