Motions to Extend Discovery – Effect on All Parties
When a motion to extend discovery is granted, it changes the discovery end date for all parties in the case (unless the order specifies otherwise). One party can join in another’s motion to extend discovery, although this is not necessary. If any party needs relief beyond that which is requested in the motion, that party should make its own motion.
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 Stay
Discovery End Date Upon Stay
Once a stay order is entered into ACMS as to a specific case, the system automatically extends the discovery end date by the number of days of the stay.
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
Once a stay order is entered into ACMS as to a specific case, the system automatically extends the discovery end date by the number of days of the stay.
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 Extension Orders to Specify Discovery Remaining to be
Discovery Extension Orders to Specify Discovery Remaining to be
Completed and Dates
Pursuant to R. 4:24- 1, an order to extend discovery, granted as a result of a motion, should specify what discovery remains to be completed and the date by which each item of discovery will be complete.
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
Completed and Dates
Pursuant to R. 4:24- 1, an order to extend discovery, granted as a result of a motion, should specify what discovery remains to be completed and the date by which each item of discovery will be complete.
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
Motion Needed for Discovery to be Completed Beyond 60-Day Consent
Motion Needed for Discovery to be Completed Beyond 60-Day Consent
Period
Rule 4:24-1 provides that a 60-day extension of discovery is automatic if all parties consent; if additional discovery is needed, a motion must be made. Thus, if an IME (independent medical exam) is scheduled to occur, say, six months in the future, and this date is well past the discovery end date, a motion must nonetheless be filed even if all parties agree to the scheduled IME date. The parties may not merely submit a consent order setting out with specificity what discovery remains to be done and when each element will be completed; however, if the adversary consents to an extension greater
than 60 days, that should be stated in the motion.
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
Period
Rule 4:24-1 provides that a 60-day extension of discovery is automatic if all parties consent; if additional discovery is needed, a motion must be made. Thus, if an IME (independent medical exam) is scheduled to occur, say, six months in the future, and this date is well past the discovery end date, a motion must nonetheless be filed even if all parties agree to the scheduled IME date. The parties may not merely submit a consent order setting out with specificity what discovery remains to be done and when each element will be completed; however, if the adversary consents to an extension greater
than 60 days, that should be stated in the motion.
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
Standard for Motions to Amend or Add Parties After Discovery Ends
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
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
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
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