Rule text
a. Contents and Filing.The special adjudicator shall prepare a report upon the matters submitted including any findings of fact and conclusions of law required by the order. The special adjudicator shall file the report with the court within 10 days after the conclusion of the hearings, unless the court extends the time within such 10-day period by order reciting the unusual circumstances requiring such extension. The court shall forthwith notify all parties by mail of the filing of the report. Unless otherwise ordered, the special adjudicator shall file the original transcript of the proceedings and the original exhibits with the deputy clerk of the Superior Court in the county where the case is to be tried, who shall, if the reference was made in an action pending in the Superior Court, transmit them to the Clerk of the Superior Court 3 years after the filing of the complaint, unless the court otherwise directs.
b. In Non-jury Actions. In an action to be tried without a jury the court shall accept the special adjudicator’s findings of fact unless contrary to the weight of the evidence. Within 10 days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties and may move the court for action upon the report and the objections thereto. The court after hearing on the motion may adopt the report, modify or reject it in whole or in part, receive further evidence, or recommit it with instructions. A party failing to object in the trial court to the special adjudicator’s findings shall be precluded from raising objections to the findings on appeal.
c. In Jury Actions In an action to be tried by a jury the findings of the special adjudicator upon the issues submitted are admissible as evidence of the matters found and may together with the evidence taken before the special adjudicator be read to the jury, subject to the ruling of the court upon objections to the report or the evidence.
d. Stipulation as to Findings. The effect of a special adjudicator’s report is the same whether or not the parties have consented to the reference; but when the parties stipulate that a special adjudicator finding of fact shall be final, only questions of law arising upon the report may thereafter be considered.
e. Draft Report. Before filing the report, a special adjudicator may submit a draft thereof to the attorneys for all parties for the purpose of receiving their suggestions.
Notes
Note: Source-R.R. 4:54-5(a)(b)(c)(d)(e); paragraphs (a), (c) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a), (b), (c), (d), and (e) amended May 7, 2024 to be effective immediately.