motion to compel discovery nj sample

The "local rule" here clearly precluded these alternative sanctions and thus has no validity. Sample BER-L-7317-20, at *7 (N.J. Super. Webof Defendant's motion made herein. WebCivil Motion Forms: Superior Court of New Jersey NJ Civil Motion Forms Motions are necessary when a litigant is asking the court to provide specific relief in advance of a trial. (P@SNl~.T@#iB@_hcBq EMqdD*~ i`|_Id2nN"^S8`#dJ`3g#9, N.J.R. endobj WebMotion A motion is an application to the court for a specific order or ruling to be made in favor of the person making the motion (the movant). % : MER-L-002124-19 8 will be able to access it on trellis. hb```B eaXhz Le \X47nz;&*zn9q fg8)k'>%kEg??mI6+9Z~Xl^sd6ob`T Li 1983), certif. Motion to Compel Discovery Sample Document - Free N.J.R. R. 5.3(c) for materials The Motion Calendar can be found at: http://www.judiciary.state.nj.us/calendars/motion_1.htm. Award of Expenses of Motion. M. DANIEL CANTOR, ESQUIRE PHONE: (215) 399-9255 Rule 4:23 - Failure to Make Discovery; Sanctions, N.J. Ct. R. 4:23 On remand, the motion judge should also determine whether defendant Elizabeth Rummel is able to be deposed in view of her present medical condition, and enter the appropriate order. 340 U.S. 877, 71 S. Ct. 123, 95 L. Ed. The opinion of the court was delivered by HAVEY, J.A.D. Counsel preparing a motion for filing should consult this calendar and select a date listed on the calendar as the "return date for the motion." Sign up for our free summaries and get the latest delivered directly to you. N.J.R. Failure to Make Discovery; Sanctions. We therefore reverse and remand for further proceedings. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party opposing the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. WebThis matter comes before the Court upon the Motion of Defendant, Wal-Mart Corporation (Wal-Mart), seeking an Order to Seal pursuant to L. Civ. 3 0 obj WebMotion for order compelling discovery Motion to remove default Request for production of documents Request for admissions Request for interrogatories Note Some people have trouble opening a file. R. Civ. Docket No: UNN-L-3942-19. action for wrongful-death damages was quickly followed by Bey Lea's motion to compel arbitration. Superior Court of New Jersey Bergen County. Plaintiff just wants answers so we can proceed with the litigation without delay. Motion to Compel - Definition, Examples, Cases, Processes Zaccardi, supra, 88 N.J. at 252. N.J.R. John Lee argued the cause for respondents (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Stephen J. Foley, Jr., on the brief). And please don't file for a default judgment. 1960); Gargano v. Venezio, 38 N.J. Super. N.J.R. You're all set! When the motion judge dismissed the complaint she made no factual analysis regarding whether there was bad faith on plaintiff's part, whether lesser sanctions than dismissal "would suffice to erase the prejudice suffered by the non-delinquent party" or whether defendant had been prejudiced at all. Motion Day Courts hear motions %PDF-1.7 <<95ad678d1b862b4e9402f548802fc4f2>]>> You can always see your envelopes Plaintiff's counsel refused to produce plaintiff at the depositions. Your subscription has successfully been upgraded. <>/Metadata 432 0 R/ViewerPreferences 433 0 R>> endstream endobj 649 0 obj[3[250 333]36[722]38[722 722 667 611 778 778 389 500 778 667 944 722 778]53[722 556 667 722 722 1000]60[722]177[500]179[500 500]182[333]] endobj 650 0 obj<> endobj 651 0 obj<>stream SAMPLE MOTION TO COMPEL - Jeff Downey 5 4. ), When a requesting party demands access to or copies of papers in an interrogatory, the responding party may decline by stating with specificity the reason for its noncompliance in response to the interrogatory. Brief in Support of Motion to Compel Discovery. All other discovery in matrimonial actions shall be permitted only by leave of court for good cause shown.(See Lepis v. Lepis (1980) 83 N.J. 139, 159 n.10. That to date, Plaintiff has not received responses to our discovery requests from any of the Defendants in this matter. *16 Before Judges COLEMAN, HAVEY and STERN. 0000000016 00000 n We remand for the entry of an order reinstating plaintiff's complaint and fixing of a date certain for the depositions of the parties. Part I - Rules of General Application. ), In the exercise of that discretion, the trial court can suspend the impositions of sanctions (1) where there is an absence of a design to mislead; (2) where there is an absence of the element of surprise if the evidence is admitted; and (3) where there is an absence of prejudice which would result from the admission of the evidence. (SeeBrown v. Mortimer, supra, 100 N.J. Super. Absent exceptional circumstances, the court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system. WebSample Motion to Compel Discovery. http://www.judiciary.state.nj.us/calendars/motion_1.htm. Middlesex County Courthouse 1985). 0000029699 00000 n *17 We reverse. WebPlaintiff Fact Sheet Instructions: Pursuant to this Courts Case Management Order No. A local court has no authority to promulgate rules which abrogate or modify the rules promulgated by the Supreme Court. We noticed that you're using an AdBlocker. of Passaic, 73 N.J. 247, 252 (1977). A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate Court. If our consideration of the issues was limited to the application of New Jersey law the result would be obvious because N.J.S.A. For the purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. BER-L-7317-20, at *7 (N.J. Super. Motion to Compel Discovery - New Jersey Essex Superior Court of Steven L. Kessel argued the cause for appellant (Drazin & Warshaw, attorneys; Steven L. Kessel on the brief). To view this free sample motion to compel discovery, click the link below. %%EOF endstream endobj startxref If the motion to compel is granted, the court will, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified In its consideration of the ultimate sanction of striking a pleading, a judge must weigh the delinquent party's right to an adjudication on the merits with the other party's right to expect compliance with the discovery rules and orders. (SeeZaccardi v. Becker (1982)88 N.J. 245, 256-58. 01/10/2022 WebRule 4:12. vQM,}Eg92/{(pyhx)O?yGRs1JK8pITbp%yD:LUGSx|&XG|'P5x":Ecg8 j 4Jy*#}BTn4ixM>4|:Kh:x> -ni ]@^LK8_Hsh)C"%IeCb Thomas D. McCloskey 64, 81. 1978), aff'd 80 N.J. 343 (1979); U.S. Leave of court to file a brief may be applied for ex parte. WebSince there are no pre-printed Judicial Council forms for motions to compel responses, you must draft them yourself. It was his view that all of the parties should be deposed together "in the interest of efficiency.". 42, 52. Evasive or Incomplete Answer. An application for an order to a party may be made 97 N.J. 581 (1984). State v. Leonardis, 73 N.J. 360, 368 (1977) (Leonardis II); see also Passaic Cty. See Zaccardi v. Becker, 162 N.J. Super. Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. 1985); Jansson v. Fairleigh Dickinson University, 198 N.J. Super. Cumberland/Gloucester/Salem Superior Courts, Somerset/Hunterdon/Warren Superior Courts. November 8, 2021 This Standard Document has integrated drafting notes with important explanations and tips, and includes alternative language based on whether the moving party seeks to compel more specific answers to interrogatories, responses to requests for the production (RFP) of documents (also called document requests or a notice to produce documents), attendance at a deposition, or other discovery. 7.1(b). SOM L 000861-20 12/22/2021 Cannot open/save sample. Motion to Compel Discovery Discovery is the process by which the parties to a legal action request and obtain information and evidence from the other parties. ), It is also well settled that R. Web: : : : : : : : : : : CIVIL ACTION NO. _____) _____ motions to this Court for an order compelling _____ to respond completely and accurately to the discovery requests served on _____ in relation to this matter. Prejudice has not even been asserted by defendant. 0000003058 00000 n Moving papers must be filed and personally served at least sixteen (16) days before the selected return date. You can explore additional available newsletters here. ), certif. [DOCUMENT] Roman Christina Vs Ilearn Schools, Inc. [DOCUMENT] Newlin Leighton Vs The Geo Group, Inc. [DOCUMENT] Barlow Tamarria Vs No Credit Auto Sales Llc, [DOCUMENT] Garvin-Keyser Theresa Vs Parking Auth Of City -C. If a deponent fails to answer a question propounded or submitted underR.4:14 or 4:15, or a corporation or other entity fails to make a designation underR.4:142(c) or 4:151, the discovering party may move for an order compelling an answer or designation in accordance with the request. The person bringing the motion is called the moving party. N.J.R. The case settled and I got a lot more money than I expected. 9-11-37, 9-15-14 and any other applicable law. WebMotion to compel. N.J.R. Not a Lexis+ subscriber? VIA E-COURTS Feb. 25, 2022). 132gX0cKlVi6b r by clicking the Inbox on the top right hand corner. GQxE9P8bqo(b ND J`g;% 0000002477 00000 n (c) Motion to Compel. H Motion to Compel N.J.R. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Defendants' subsequent motion to dismiss was dictated by the motion judge's refusal to enter such an order predicated on the "local rule's" mandate requiring a motion for dismissal of the complaint. The form of order must indicate whether the motion was opposed or unopposed. x\[SJ~)h4[6Em09g$5a#P#iO\owoNcpK? ? Copyright RPCD Holdings LLC 2003-2023 exclusive of the text of government codes. Gregory R. Sellers There is a balancing act with these motions. 7 Except as provided in 7:8-9A, if without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the return of a motion, the court may dismiss or grant the motion or application, continue the hearing to the next motion day or take such other action as it deems appropriate. Ibid, see also N.J.Dist.Ct. endobj Electronically Stored Information. Discovery rules are designed to further "the public policies of expeditious handling of cases, avoiding stale evidence, and providing uniformity, predictability and security in the conduct of litigation." &@:yXQA)o2`\t&iWz ), The Supreme Court has held that it is especially inappropriate to grant summary judgment when discovery is incomplete[,] in particular, [w]hen 'critical facts are peculiarly within the moving party's knowledge. (See Velantzas v. Colgate-Palmolive Co.,(1988) 109N.J.189, 193; N.J. Anesthesia Assocs. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. Plaintiffs, Civil No. endobj Rule 4:23-2. 0000001465 00000 n Her attorney's inability to attend the depositions should not in the circumstances be visited upon this "blameless client." 190, 194-195 (App.Div. when new changes related to "" are available. WebOn motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.13 In a best-case scenario, you have legal support in the form of actual case law (preferably from your jurisdiction) supporting your discovery requests. Cunningham v. Rummel :: 1988 :: New Jersey Superior That on March 2, 2017, the attorney representing the Plaintiff requested that all Defendants supply Answers to Interrogatories and responsive documents. Failure to appear will preclude that person's testimony at trial. The state judiciary website provides a guide to all citation forms used in New Jersey. Dismissal of the complaint was therefore an abuse of discretion. 2 Broad Street Hon. MANDY GLENN- PlaintiffvSTEVEN KENNEDY, et al. The Rules Governing the Courts of the State of New Jersey may be cited two ways, as "N.J. Court Rules, 1969" or more commonly, for example "R. 1:1-3". 16 Baker Street, Rockaway, NJ 07866 ;]qIt% rL(PjV G)-r.=Pe$2 q&Fxj43 ]T~Pzxr@[yr3,(DJNg5j;xWVJmveeeUMY|jiZh(lg4 @kRh6t=?~/CYbF\ZgMK|xY.~%:TXA:zNZl :Wh+j)_H\`G"aJ?$4lLHKA1fO+jnwcrDOx/\ Motion to Compel Discovery - New Jersey Bergen Superior 638 0 obj<> endobj She also argues that the motion judge abused her discretion in dismissing the complaint without making a finding of bad faith or considering alternative sanctions. Imposition of sanctions for violation of discovery orders requires consideration of a number of factors, including whether the plaintiff acted willfully and whether the defendant suffered harm, and if so, to what degree. (SeeGonzales v. Safe & Sound Sec. Motions to Compel .' Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The depositions were rescheduled for December 19, 1986 but were again adjourned because plaintiff's counsel was unable to attend. Feb. 25, 2020). R. 4:23-4 also provides that in lieu of any order, the court may require the party failing to act to pay the reasonable expenses, including attorneys fees caused by the failure. This Standard Document has integrated drafting notes with important explanations and tips, and includes alternative language based on whether the R.4:17-5(b).When a responding party declines to turn over requested Here is a general sequence of events leading up to the filing of a motion to compel: The lawsuit officially begins when the Plaintiff initiates a civil action against the Defendant. 134 Franklin Corner Road, Suite 101 A Moving papers must include a notice of motion. N.J.R. 433, 446 (Law Div. Expenses on Failure to Admit, If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. ), Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. (See Korostynski v. Gaming Enforcement (1993) 266 N.J. Super. The failure to act described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by R. 4:10-3. @(%DuI 6v{X+EL. LR-Civ. WebNew Jersey Rules of Court New Jersey Rules of Court. Webshall assign the Discovery Motion a control number. . 1:4-3. WebMotion to Compel Depositions I will fix the date, place and time for the deposition. ), [M]otions tocompel discovery. 0000003743 00000 n ), SOM-L-000861-20 The U.S. Supreme Court recently held in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (BMS) that a state court does not have personal jurisdiction over an out-of-state defendant to hear claims brought by an out-of-state plaintiff absent a connection between the forum and the specific claims at issue.In the mass torts Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. 197 6). 1 TransID:ID: Certificate of good faith attempts to resolve discovery dispute. Div. FIRST JUDICIAL DISTRICT OF PENNSYLVANIA PHILADELPHIA 11 Motion to Compel Depositions in New Jersey - Trellis N.J.Sup.Ct., 205 N.J. Super. You will lose the information in your envelope, ORDER TO COMPEL DISCOVERY-Granted by Judge WILSON, ROBERT, G re: MOTION TO, Chung Vs Medical Transcription *Protected*, GENERAL CORRESPONDENCE submitted by SELLERS, GREGORY, R of KLEHR HARRISON , 5 Riverside Drive Llc Vs Countyline Electrical, GENERAL CORRESPONDENCE submitted by KENT, BRIAN, DOOLEY of LAFFEY BUCCI & , Doe #1 Jane Vs Massage Envy Franchi Sing, Llc, GENERAL CORRESPONDENCE submitted by RICCI, DAVID, C of DAVID C. RICCI, LLC. (b) Evasive or Incomplete Answer. P3Dq(\,C2X00(~zqdW(P2 e|:K4 0p M rqvR AJAH/|\UsMl p=Mu'P]S Y +]H yb68] j00wt4| b b8 @JPH"U5HHB AFA g! <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R 12 0 R 18 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> WebWhere to Make the Motion Counsel must make a motion under FRCP 37 to compel a non-party's compliance with a subpoena in the compliancecourt (the court for the district where the discovery is or will be taken) (FRCP 37(a)(2)). The xb```b``> l@q *7&UXkpfG4V nWK%Uer0Q'g;Z V>f6(7z [^X`0pPQwuUm'.64i"6fAhdexx^[H;mI/[f] 1NMH>!5]af4j> Civil Procedure Rule 37: Failure to make discovery: Sanctions . Make your practice more effective and efficient with Casetexts legal research suite. See Bergen County Superior Court SmartRules procedural guide: FILING DOCUMENTS. Maryland Rule 2-431 and Federal Rule 37 both require certification by the requesting party setting forth the good faith effort that was made to discuss with the opposing attorney the dispute. 1228 0 obj <>/Filter/FlateDecode/ID[<5D648DF4CF0B8D4198F297B63189C2D3>]/Index[1204 61]/Info 1203 0 R/Length 117/Prev 414673/Root 1205 0 R/Size 1265/Type/XRef/W[1 3 1]>>stream 638 (1950). Webthe motion, and the time for responding has passed. 549, 553. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. Opposition to Motion to Compel Discovery We will email you We have notified your account executive who will contact you shortly. with or without prejudice,or rendering a judgment by default against the disobedient party who fails to obey an order to provide or permit discovery. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! (1947) Art. We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers. Suite 8303 Here, the "local rule" clearly undermines the Supreme Court's exclusive domain as well as the public policies of providing "uniformity, predictability and security in the conduct of litigation" throughout the State. Clerk, Law Division Please wait a moment while we load this page. 1980). This should not be used for legal research but instead can be used to find solutions that will help you do legal research. 0 A motion to compel against a non-party The Plaintiff, Mandy Glenn, by her attorney, Ronald V. Miller, Jr., moves pursuant to Maryland Rule of Procedure 2-432 for an Order compelling the Defendants, Steven Kennedy, Michael Davis, and Erie Insurance Exchange, to promptly produce all outstanding discovery, and in support, states as follows: WHEREFORE, the Plaintiff moves for an Order compelling the Defendants to produce complete and executed Answers to Interrogatories and the required documents within the next 15 days. At oral argument before us defense counsel stated he simply wanted to fix a date certain for the taking of plaintiff's deposition, and that is why he moved on April 14, 1987 to have the date fixed. Certification: Motion to Compel Discovery (NJ) | Practical Law 104 N.J. 386 (1986); State v. Whitehead, 159 N.J. Super. xbbe`b``3 1x4>( e The moving party can't send a letter on the 31st day and file a motion to compel. Individual courses and subscriptions available. When a responding party declines to turn over requested documents, the requesting party may file amotiontocompel discovery,R.4:23-5(c), after having made a good-faith attempt tomeetandconferwith the responding party or having notified the responding party that continued noncompliance with the discovery request will lead to a motion to compel,R.1:6-2(c). Former rule deleted and new R. 4:23-1 adopted July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000. endstream endobj 639 0 obj<>>> endobj 641 0 obj<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Group<>/StructParents 0/Tabs/S>> endobj 642 0 obj<> endobj 643 0 obj<> endobj 644 0 obj[250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 0 500 500 500 500 500 0 500 0 500 0 333 0 0 0 0 0 0 722 667 722 722 667 611 778 778 389 500 778 667 944 722 778 611 0 722 556 667 722 722 1000 0 722 0 0 0 0 0 500 0 500 556 444 556 444 333 500 556 278 333 556 278 833 556 500 556 556 444 389 333 556 500 722 0 500] endobj 645 0 obj<>stream 640 0 obj<>stream If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. . 4 0 obj %PDF-1.5 % Props., LLC v. McCusker, No. Dec. 28, 2012). 4:42-1 (e). Assoc., Inc. v. 1985), aff'd 208 N.J. Super. See Comeford v. Flagship Furniture Clearance Center, 198 N.J. Super. New Jersey Court Rule 1:6 governs the procedure for filing motions in the Superior Court of New Jersey Law Division, and Chancery Division, General Equity. The original motion must be filed with the clerk of the court in the county of venue. That on February 15, 2020, the attorney representing the Plaintiff requested that Defendant Erie supply Answers to Interrogatories and responsive documents. <> Examples of motions include: Motion to dismiss the complaint Motion for For the reasons set forth in the materials filed in support of this Motion, good ZnWEr.K}t] iI{` HNzo`f;H{h_bu/Zra2kt7B4}P%6*'P6rW]^8Gx!bq5L-:QV"z~j{5,$V!Z;%&Ic Csy >QfMDp B:T54vTbs:1}LC#L7+ 196, 206,542 A.2d 16; Lindenmuth v. Holden (1996) 296 N.J. Super. Generally we decline to interfere with discretionary rulings involving discovery unless it appears that an injustice has been done. Superior Court of New Jersey, Appellate Division. September 15, 2021 If the motion to compel is granted, the court will, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the International Sales(Includes Middle East), Business Insight Solutions Partner Portal, Corporate InfoPro (Corporate Information Professionals), InfoPro (Legal Information Professionals). 1:6-2 (a) (amended eff 9/1/22). 3. 1955); Suchit v. Baxt, 176 N.J. Super. Web Plaintiff re-served the same discovery because defense counsel (the same attorneys who represented the defendant previously named in this case) objected to service prior to the Div. FAX (856) 751-0868 WebA sample certification that a party may file in support of a motion to compel discovery in actions pending in the New Jersey Superior Court, Law Division, Civil Part or the Chancery Division, General Equity Part. ), Or, (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing or sampling the property or any designated object or operation thereon, within the scope ofR.4:10-2. (See Id. v. Blackburn, No. Discovery motions must be made returnable prior to the conclusion of the applicable discovery track period. WebA sample certification that a party may file in support of a motion to compel discovery in actions pending in the New Jersey Superior Court, Law Division, Civil Part or the R. 4:23-4 provides that if a party fails to appear at his or her deposition, the court "may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (1) (2) and (3) of R. The Honorable James Den Uyl R. 4:23-2(b) provides for the following sanctions: (1) that the matters which are the subject of discovery shall be deemed established for the purpose of the action; (2) refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence, and (3) striking pleadings or parts thereof, staying further proceedings until the order is obeyed, or dismissing the action or rendering judgment by default. Use the button on your mouse that you do not normally use and pick ' Save link as.. 549, 553. October 19, 2021 The court may also dismiss or decide the motion without the delinquent attorney or party's input. xuRj %Q!I)~ The return date determines the timing requirements for the filing of the motion as well as all subsequent responses and briefs. NEW RULE AMENDMENTS EFFECTIVE APRIL 25, 2022, Moving Papers-Personal Service Sixteen (16) Days' Notice. All pleadings subsequent to the complaint must be served upon all attorneys of record and all pro se parties in the action; but no service need be made on parties who have failed to appear except that pleadings asserting new or additional claims for relief against such parties in default shall be served upon them in the manner provided for service of original process. Motion to Compel Discovery - New Jersey Monmouth United The court shall make the order unless it finds that, Rule 4:23-4. Superior Court of New Jersey, Law Division. 1:6-2 (c) (amended eff 9/1/22). The notice of motion must state the time and place when it is to be presented to the court (the return date), the grounds upon which it is made and the nature of the relief sought. On April 14, 1987 defendants moved to compel the deposition of the plaintiff on May 14, 1987. When plaintiff again did not attend a scheduled deposition, defendants moved to dismiss and the motion was granted. Via eCourts Motions must be typed on 28-line pleading paper and follow a Every motion in a civil case that has not been specially assigned involving any aspect of pre-trial discovery must be accompanied by a certification stating that the attorney for the moving party has either: Briefs must be filed at the same time as the moving, opposing, or reply papers.