Standard for Motions to Amend or Add Parties After Discovery Ends
When a motion to amend or to add parties is filed after the discovery end date has passed, R. 4:9-1 sets the standard as “by leave of court which shall be freely given in the interest of justice.”
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
Monday, November 5, 2007
Discovery End Date Upon Consolidation
Discovery End Date Upon Consolidation
When cases are consolidated, the consolidation order should specify the discovery end date that will apply to all cases within the consolidation. If the consolidation order does not specify a discovery end date, the most distant discovery end date among the cases consolidated will generally apply to all cases within the consolidation.
When two cases are consolidated, ACMS is programmed to automatically provide the longest appropriate discovery period to the consolidated cases. For example, if a Track I and a Track II are consolidated, the consolidated case will be provided with the Track II discovery period. If both cases are on Track II, but one was filed later and so has a more distant discovery end date that more distant date will be assigned to the consolidated case. This is a “default” procedure, which can be overridden if the judge assigns a specific discovery end date in the consolidation order.
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
When cases are consolidated, the consolidation order should specify the discovery end date that will apply to all cases within the consolidation. If the consolidation order does not specify a discovery end date, the most distant discovery end date among the cases consolidated will generally apply to all cases within the consolidation.
When two cases are consolidated, ACMS is programmed to automatically provide the longest appropriate discovery period to the consolidated cases. For example, if a Track I and a Track II are consolidated, the consolidated case will be provided with the Track II discovery period. If both cases are on Track II, but one was filed later and so has a more distant discovery end date that more distant date will be assigned to the consolidated case. This is a “default” procedure, which can be overridden if the judge assigns a specific discovery end date in the consolidation order.
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
Protocol for Extensions of Discovery for Late-Added Parties
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
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
Saturday, October 20, 2007
New Parties – 60-Day “Automatic” Discovery Extension
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
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
New Parties – 60-Day “Automatic” Discovery Extension
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
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
Discovery Relating to Late Served and Newly Added Parties in civil in NJ
An originally named party who was not timely served may seek an extension of
discovery.
Joinder of a new party extends the discovery period for 60 days, which period may
be reduced or enlarged by the court. A party filing a pleading that joins a new party to
the action must, within 20 days after service of the new party’s pleading, serve a copy of
all discovery materials upon, or otherwise make such materials available to, the new
party. This language should be included in the order allowing joinder of the new party.
See Rules 4:8- 1 and 4:24- 1(a) and (b).
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
discovery.
Joinder of a new party extends the discovery period for 60 days, which period may
be reduced or enlarged by the court. A party filing a pleading that joins a new party to
the action must, within 20 days after service of the new party’s pleading, serve a copy of
all discovery materials upon, or otherwise make such materials available to, the new
party. This language should be included in the order allowing joinder of the new party.
See Rules 4:8- 1 and 4:24- 1(a) and (b).
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
Initial Consensual Extensions of Discovery
Initial extensions of the discovery period should not usually be applied for early in
the discovery process. The contemplation is that such extensions should be applied for
during the 60- day period between the court’s notice to all parties that the end of the
discovery period is approaching and the discovery end date.
This “automatic,” consensual extension is intended to be the initial extension of
discovery, in the hope that subsequent discovery extension motions might be avoided.
Accordingly, the 60-day consensual extension of discovery should precede any formal
extension motions.
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
the discovery process. The contemplation is that such extensions should be applied for
during the 60- day period between the court’s notice to all parties that the end of the
discovery period is approaching and the discovery end date.
This “automatic,” consensual extension is intended to be the initial extension of
discovery, in the hope that subsequent discovery extension motions might be avoided.
Accordingly, the 60-day consensual extension of discovery should precede any formal
extension motions.
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
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