Protocol for Extensions of Discovery for Late-Added Parties
A protocol and suggested form order for providing discovery extensions when new parties are added have been developed. The judge issuing the order allowing a new party to be added should provide for a discovery extension in that order. The provision should not be phrased in terms of discovery extended by X days, but rather should specifically state the new discovery end date. That date should build in time to serve the new party, time for the new party to answer and then, generally, should provide for 60 days of additional discovery from the time the answer is estimated to be filed. The court may shorten or enlarge the 60- day period, however, as appropriate in the individual case. If any party thereafter needs additional discovery, an application must be made pursuant to R. 4:24- 1.
If the order permitting a new party to be added does not address the issue of discovery, the attorney should write a letter to the team leader, who will prepare the suggested form order for the judge’s signature. If any party is not satisfied with the discovery provisions contained in the form order, that party may make a formal motion. A copy of the protocol asuggested form order are attached in the appendix. Some vicinages use a stamp on orders extending discovery, adding parties, consolidating cases, amending the complaint and transferring Special Civil Part cases to the Civil Part. The stamp reads as follows: NEW DISCOVERY END DATE IS:________________________________
SCHEDULED COURT EVENT IS ADJOURNED________YES_________NO.
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
