R. 4:103-3. — Case Management Conferences and Scheduling Orders

a. Initial Case Management Conference and Scheduling Order.

1. An initial case management conference must be convened with the parties’ attorneys and any unrepresented parties, and thereafter a scheduling order must be issued.

2. The scheduling order must be issued as soon as practicable, but absent good cause for delay, within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.

3. The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. R. 4:9-1 shall not apply to cases in the CBLP.

4. The scheduling order may (i) modify the timing of disclosures under R. 4:103-1(a), (ii) modify the extent of discovery, (iii) provide for disclosure, discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial- preparation material after information is produced, including agreements reached under R. 4:10-2(c);(v) direct that before moving for an order related to discovery, the movant must request a conference with the court; (vi) set dates for case management conferences, the final pretrial conference and for trial; and (vii) include other appropriate matters.

5. The parties may agree to set and/or modify interim deadlines without court approval, provided any such change will not have an impact on the discovery end date.

b. Additional Case Management Conferences. The court in its discretion may convene additional case management conferences at any time. In connection with any case management, scheduling, or status conference, other than the final pretrial conference discussed in R. 4:25, the parties shall abide by the requirements of this rule.

c. Attendance and Matters for Consideration at a Case Management Conference.

1. Attendance. A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a case management conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement.

2. Matters for Consideration at a Case Management Conference. At any case management conference, in addition to the matters set forth in R. 4:25, the court may consider and take appropriate action on the following matters:

a. formulating and simplifying the issues, and eliminating frivolous claims or defenses;

b. amending the pleadings if necessary or desirable;

c. obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

d. avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under N.J.R.E. 702;

e. determining the appropriateness and timing of summary adjudication under R. 4:56;

f. controlling and scheduling discovery, including orders affecting disclosures and discovery under Rules 4:10 through 4:19 and 4:22;

g. identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

h. referring matters to a special adjudicator.

i. settling the case and using special procedures to assist in resolving the dispute when authorized by statute or rule;

j. determining the form and content of the pretrial order;

k. disposing of pending motions;

l. adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

m. ordering a separate trial under R. 4:38-2 of a claim, crossclaim, counterclaim, third-party action, or separate issue;

n. ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under R. 4:40-1;

o. establishing a reasonable limit on the time allowed to present evidence; and

p. facilitating in other ways the just, speedy, and inexpensive disposition of the action.

d. Final Pretrial Conference and Orders. All CBLP actions shall be pretried and the requirements of R. 4:25 shall apply to the final pretrial conference, which should lead to the formulation of a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.