Rule text
a. Case Management Conference. Within ninety (90) days of the filing of the first answer in all professional malpractice cases, the court shall conduct a case management conference shall be conducted by the court to address discovery related issues, including the sufficiency of an affidavit of merit provided pursuant to N.J.S.A. 2A:53A-27 and the qualifications of the affiant or other designated medical expert pursuant to the Patients First Act, N.J.S.A. 2A:53A-41. Any party required to provide an affidavit of merit pursuant to the statute shall supply a reasonably current curriculum vitae of the affiant no less than thirty (30) days before the conference. No less than fifteen (15) days before the conference, the defendant must serve the court and all parties with specific written objections, if any, to the served affidavit of merit.
b. Case Management Order. A case management order shall memorialize the conference conducted under paragraph (a) of this Rule and shall address: (1) the sufficiency of the affidavit of merit; (2) whether there are any disputes regarding the affidavit of merit; and (3) in medical malpractice cases, the sufficiency of the qualifications of the affiant or the designated medical expert under the Patients First Act, N.J.S.A. 2A:53A-41.
c. Later Added Defendants. For any defendant joined after the case management conference, any party required to provide an affidavit of merit pursuant to the statute must also serve on such defendant a copy of the affidavit of merit, along with a reasonably current curriculum vitae of the affiant, within thirty (30) days of joinder of such additional defendant. Where there is no objection to the sufficiency of the affidavit of merit, a consent order to that effect shall be submitted by the party required to provide an affidavit of merit within sixty (60) days of the service of the affidavit and curriculum vitae. Any objections to the sufficiency of the affidavit of merit must be in writing and served by the added defendant within fifteen (15) days of its receipt. If any dispute concerning the sufficiency of the affidavit is not resolved within sixty (60) days of service of the objections, the added defendant shall promptly file a motion to resolve the issue.
Notes
Note: Former Rule 4:5B-4 deleted July 27, 2006 to be effective September 1, 2006. New Rule 4:5B-4 adopted July 27, 2018 to be effective September 1, 2018.