Civil Court Rules and Jury Charges

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

Thursday, September 3, 2009

1:2-5. Advancement of Cases for Trial or Argument [Deleted June 28, 1996 to be effective September 1, 1996] Official Comment to Deleted R. 1:2-5

1:2-5. Advancement of Cases for Trial or Argument [Deleted June 28, 1996 to be effective September 1, 1996]

Official Comment to Deleted R. 1:2-5

The deleted rule attempted to accord preference in the scheduling of cases for trial, hearing or argument across trial court and Appellate Division lines. The rule was deleted as the Supreme Court takes the position that the issue of calendar preference is best addressed administratively rather than in the context of court rules. Nonetheless, as a matter of policy, the preferences enumerated in the rule should be looked to as guidelines in determining priority of cases scheduled for trial, hearing or argument in the trial courts and the Appellate Division. These preferences include: (1) all contested matters where a principal issue is the custody, status, welfare and protection of minors; criminal and quasi-criminal cases, election actions, actions(except negligence actions) to which the State, a county, municipality or other public or quasi-public agency is a party; (2) if the action is in a trial court, all cases to be tried without a jury; (3) appeals on leave granted pending in the appellate courts; (4) workers' compensation appeals; and (5) such other cases as any court may from time to time order.