Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, July 22, 2009

4:41-4. Proceedings

(a) Meetings. Upon the entry of an order of reference the court shall forthwith transmit a copy thereof to the master who shall, unless the order otherwise provides, forthwith set a timeand place for the first meeting of the parties or their attorneys to be held within 10 days after the date of the order and notify the parties or their attorneys thereof. The hearings shall thereafter be held continuously on all regular court days unless otherwise ordered by the court due to unusual circumstances stated at length in the order. Any party, on notice to the parties and master, may apply to the court for an order requiring the master to expedite the proceedings and to make a report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

(b) Witnesses. The parties may compel the attendance of witnesses before the master by the issuance and service of subpoenas as provided by R. 1:9. A witness failing to appear or give evidence may be punished as for a contempt and subjected to the sanctions provided by R. 1:9 and R. 4:23-1 to 4:23-4, inclusive.

(c) Statement of Accounts. When matters of accounting are in issue, the master may prescribe the form in which the accounts shall be submitted and may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as the master directs.