When a new party is added, R. 4:24-1(b) provides that the discovery period shall
be extended by 60 days, which period may be reduced or enlarged in the court’s
discretion. If, as the extended discovery period draws to a close, the new party, with the
consent of all other parties, asks for the “automatic” 60-day extension as provided in R.
4:24-1(c) and there has already been such an automatic extension that occurred prior to
the new party being added, no additional 60 -day consensual extension is permissible.
The rules allow for but one “automatic” consensual 60-day extension per case. The party
seeking the extension, however, may make a motion and the judge can then determine if
an extension is needed.
On occasion, the order granting a new party’s entrance into the case may extend
discovery for more than the 60 days mentioned in the rule. If there has been no previous
request for an “automatic,” consensual 60-day extension, the parties still have the right to
such an extension on top of the new-party extension unless the order granting the new
party’s entrance into the case and extending discovery specifies that this additional
discovery is in lieu of any consensual request for the “automatic” 60- day extension that
may be made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Saturday, October 20, 2007
New Parties – 60-Day “Automatic” Discovery Extension
When a new party is added, R. 4:24-1(b) provides that the discovery period shall
be extended by 60 days, which period may be reduced or enlarged in the court’s
discretion. If, as the extended discovery period draws to a close, the new party, with the
consent of all other parties, asks for the “automatic” 60-day extension as provided in R.
4:24-1(c) and there has already been such an automatic extension that occurred prior to
the new party being added, no additional 60 -day consensual extension is permissible.
The rules allow for but one “automatic” consensual 60-day extension per case. The party
seeking the extension, however, may make a motion and the judge can then determine if
an extension is needed.
On occasion, the order granting a new party’s entrance into the case may extend
discovery for more than the 60 days mentioned in the rule. If there has been no previous
request for an “automatic,” consensual 60-day extension, the parties still have the right to
such an extension on top of the new-party extension unless the order granting the new
party’s entrance into the case and extending discovery specifies that this additional
discovery is in lieu of any consensual request for the “automatic” 60- day extension that
may be made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
be extended by 60 days, which period may be reduced or enlarged in the court’s
discretion. If, as the extended discovery period draws to a close, the new party, with the
consent of all other parties, asks for the “automatic” 60-day extension as provided in R.
4:24-1(c) and there has already been such an automatic extension that occurred prior to
the new party being added, no additional 60 -day consensual extension is permissible.
The rules allow for but one “automatic” consensual 60-day extension per case. The party
seeking the extension, however, may make a motion and the judge can then determine if
an extension is needed.
On occasion, the order granting a new party’s entrance into the case may extend
discovery for more than the 60 days mentioned in the rule. If there has been no previous
request for an “automatic,” consensual 60-day extension, the parties still have the right to
such an extension on top of the new-party extension unless the order granting the new
party’s entrance into the case and extending discovery specifies that this additional
discovery is in lieu of any consensual request for the “automatic” 60- day extension that
may be made.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Discovery Relating to Late Served and Newly Added Parties in civil in NJ
An originally named party who was not timely served may seek an extension of
discovery.
Joinder of a new party extends the discovery period for 60 days, which period may
be reduced or enlarged by the court. A party filing a pleading that joins a new party to
the action must, within 20 days after service of the new party’s pleading, serve a copy of
all discovery materials upon, or otherwise make such materials available to, the new
party. This language should be included in the order allowing joinder of the new party.
See Rules 4:8- 1 and 4:24- 1(a) and (b).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
discovery.
Joinder of a new party extends the discovery period for 60 days, which period may
be reduced or enlarged by the court. A party filing a pleading that joins a new party to
the action must, within 20 days after service of the new party’s pleading, serve a copy of
all discovery materials upon, or otherwise make such materials available to, the new
party. This language should be included in the order allowing joinder of the new party.
See Rules 4:8- 1 and 4:24- 1(a) and (b).
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Initial Consensual Extensions of Discovery
Initial extensions of the discovery period should not usually be applied for early in
the discovery process. The contemplation is that such extensions should be applied for
during the 60- day period between the court’s notice to all parties that the end of the
discovery period is approaching and the discovery end date.
This “automatic,” consensual extension is intended to be the initial extension of
discovery, in the hope that subsequent discovery extension motions might be avoided.
Accordingly, the 60-day consensual extension of discovery should precede any formal
extension motions.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
the discovery process. The contemplation is that such extensions should be applied for
during the 60- day period between the court’s notice to all parties that the end of the
discovery period is approaching and the discovery end date.
This “automatic,” consensual extension is intended to be the initial extension of
discovery, in the hope that subsequent discovery extension motions might be avoided.
Accordingly, the 60-day consensual extension of discovery should precede any formal
extension motions.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
Subscribe to:
Posts (Atom)