R. 6:4-6. — Sanctions

The provisions of R. 4:23 (sanctions for failure to make discovery) shall apply to actions in the Special Civil Part, except that:

a. Dismissal or Suppression; Time Periods. The 90-day period prescribed by R. 4:23-5(a)(1) for motions to vacate orders of dismissal or suppression is reduced to 60 days.

b. Restoration Fees. The amounts of the restoration fees of $100 and $300 specified in R. 4:23-5 (a) are reduced to $25 if the motion is made within 30 days and $75 thereafter.

c. Dismissal or Suppression With Prejudice; Time Period. The 60-day period prescribed by R. 4:23-5(a)(2) is reduced to 45 days.

d. Form of Motion; Attorney's Affidavit. The motion to dismiss or suppress with prejudice shall be filed in accordance with R. 6:3-3(c) and the attorney for the delinquent party shall file the affidavit specified in R. 4:23-5(a)(2) with the papers filed in response to the motion.

e. Notice to Client/Pro Se Party Pursuant to R. 4:23-5(a)(1). The notice prescribed by Appendix II-A of these rules shall be modified to reflect the time periods and restoration fees set forth in paragraphs (a) and (b) above.

f. Notice to Client/Pro Se Party Pursuant to R. 4:23-5(a)(2). The notice prescribed in Appendix II-B of these rules shall be modified to eliminate the second paragraph referring to a return date and substitute in its stead a statement that the Clerk will notify the party of the date, time, and place of the hearing on the motion.