EZRCP · New Jersey · Part 4 - Civil Practice · R. 4:24-2

R. 4:24-2. — Motions Required to Be Made During Discovery Period

New Jersey · Part 4 - Civil Practice

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Rule text

a. General. No motion for the relief provided by the following rules may be granted in any action unless it is returnable before the expiration of the time limited for discovery unless on notice and motion, for good cause shown, the court otherwise permits: R. 4:8 (motion for leave to file a third-party complaint); R. 4:7-6, 4:28-1, or 4:30 (motion for joinder of additional parties); R. 4:38-1 (motion for consolidation); and R. 4:38-2 (motion for separate trials). Unless the court otherwise permits for good cause shown, motions to compel discovery and to impose or enforce sanctions for failure to provide discovery must be made returnable prior to the expiration of the discovery period.

b. Disputes Regarding the Credentials of Experts in Medical Malpractice Actions. Any party challenging the credentials of an expert, other than the affiant whose credentials have been the subject of a case management conference in accordance with R. 4:5B-4 in a medical malpractice action pursuant to the Patients First Act, N.J.S.A. 2A:53A-41, shall file a motion in accordance with the following requirements:

1. If the defendant seeks to challenge the credentials of plaintiff’s expert who is someone other than the affiant whose credentials have been the subject of a case management conference in accordance with R. 4:5B-4, defendant’s motion shall be filed] not later than thirty (30) days from the service of that expert’s report. The motion shall be accompanied by a certification setting forth the movant’s alleged area of specialty and qualifications that form the basis for the challenge of the expert’s qualifications under the Patients First Act and a copy of the movant’s curriculum vitae.

Notes

Note: Source - R.R. 4:28(b); amended June 7, 2005 to be effective immediately; amended December 6, 2005 to be effective immediately; prior text designated as paragraph (a) with new caption added and new paragraph (b) caption and text added July 27, 2018 to be effective September 1, 2018, paragraph (b) amended July 31, 2020 to be effective September, 1, 2020.