EZRCP · New Jersey · Part 4 - Civil Practice · R. 1:22-3

R. 1:22-3. — Procedure: Advisory Opinions

New Jersey · Part 4 - Civil Practice

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Rule text

a. Receipt of Request. Upon receipt of a request for an advisory opinion, the secretary shall make a written acknowledgement thereof to the person or persons bringing the matter to the committee's attention. The secretary shall promptly forward a copy of the inquiry and other information to the chair of the committee and to the chair of the part of the area of the State from which the inquiry originates. If the request for an advisory opinion originates outside of New Jersey, the matter may be referred to any part by the secretary.

b. Pending Controversy. No opinion shall be rendered if, to the committee's knowledge, the subject matter either involves or might affect a case or controversy pending in any court.

c. Technical Requirements. In accordance with R. 1:22-2(a), an advisory opinion shall be issued by the committee in writing and shall be filed with the secretary, who shall transmit a copy to the person making the inquiry. Where the committee so instructs, the secretary shall make suitable arrangements for publication. Published opinions shall not, insofar as practicable, identify the party or parties making an inquiry, or the complainant or respondent.

d. Form of Opinion. Upon the conclusion of a review by the committee or a part of a request for an advisory opinion, a report shall be made to the whole committee. The committee shall determine the form in which the advisory opinion is to be promulgated, in accordance with R. 1:22-3.

e. Rules and Procedures. The committee may adopt such additional rules, subject to approval by the Supreme Court, as it may deem appropriate for prescribing the methods and procedures to be followed in considering requests and expressing opinions.

Notes

Note: Source-R.R. 1:12A-3(a) (b) (c); caption to rule amended, paragraph (a) deleted and new paragraph (a) with new caption adopted, caption and text of paragraph (b) amended, and paragraphs (c)(d) and (e) adopted June 29, 1990 to be effective September 4, 1990; paragraph (c) amended June 28, 1996 to be effective September 1, 1996.