R. 4:105-5. — Process Applicable to Summary Judgment Motions

This rule applies to any motion brought pursuant to R. 4:46, which shall continue to apply to the extent not inconsistent with this rule.

a. The parties are to confer and agree on a briefing schedule for dispositive motions, including cross- motions.

b. The moving party will prepare its notice of motion, brief, affidavits, other supporting documentation and statement of material facts. These papers will be sent to all adversaries and the original filed with the clerk with no motion date designated.

c. An original of all opposition papers are then to be filed with the clerk in accordance with the agreed-upon schedule of the parties. All opposition papers are to be served on the movant and all other parties.

d. An original of all reply papers are then to be filed with the clerk in accordance with the agreed-upon schedule of the parties. All reply papers are to be served on all other parties.

e. After the motion has been fully briefed, the movant shall file a letter with the clerk, and serve a copy on the CBLP judge and all other parties, certifying that the matter is fully briefed and asking the clerk to place the motion on the court’s motion calendar for a motion date within 30 days of the submission date. The motion return date may be changed by the court, and if the court changes the motion date, it shall notify the parties. The clerk shall forward all original filed motion papers to the court. The movant shall provide one full set of all motion papers as a courtesy copy to the court, listing in the cover letter all papers submitted.

f. If any party receiving a motion for summary judgment seeks to file a cross-motion for summary judgment, the cross-movant shall confer with the movant to agree on a revised briefing schedule, as appropriate. The cross- movant thereafter shall file and serve a single brief consisting of its opposition to the original motion and its moving brief on the cross-motion. The original moving party shall then file and serve a single brief consisting of its reply on the original motion and its opposition to the cross-motion. The cross-movant shall then file and serve a reply brief limited to the issues on the cross-motion. After both the motion and cross-motion have been fully briefed, the original moving party shall file a letter with the clerk, and serve a copy on the CBLP judge and all other parties, certifying that the matters are fully briefed and asking the clerk to place the motions on the court’s motion calendar for a motion date within 30 days of the submission date. The motion return date may be changed by the court, and if the court changes the motion date, it shall notify the parties. The clerk shall forward all original filed motion and cross-motion papers to the court. The original moving party shall collect all papers submitted in support of and in opposition to both the original motion and the cross-motion, and shall provide one full set of all motion papers as a courtesy copy to the court, listing in the cover letter all papers submitted.