Party Seeking Relief Under R. 4:23-5 Must not be Delinquent in Providing Discovery
Rule 4: 23- 5(a) requires that a party moving to strike or dismiss the adversary’s pleading must certify that he or she is not in default on any discovery obligations owed to the delinquent party. In discussing whether a motion to dismiss for failure to attend an IME might be denied if the movant has not yet answered the delinquent party’s interrogatories, even if the time for answering has not yet run, the Conference of Civil Presiding Judges took the position that, as long as one party is not delinquent in providing discovery, i.e., the time period within which the discovery must be provided has not yet run, that party should generally be able to obtain relief under R. 4:23- 5.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf 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
