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
