2018-2019 Court Term Rules Update (NJ) | Practical Law

2018-2019 Court Term Rules Update (NJ) | Practical Law

A Legal Update summarizing the New Jersey Supreme Court's omnibus rule amendment order that became effective September 1, 2018 and the key rule amendments the court made during the 2018-2019 court term, commonly called off-calendar amendments, for counsel practicing in the New Jersey Supreme Court; the Superior Court, Appellate Division; the Superior Court, Law Division, Civil Part; and the Superior Court, Chancery Division, General Equity Part.

2018-2019 Court Term Rules Update (NJ)

Practical Law Legal Update w-026-9870 (Approx. 19 pages)

2018-2019 Court Term Rules Update (NJ)

by Practical Law Litigation
Law stated as of 25 Aug 2020 • New Jersey
A Legal Update summarizing the New Jersey Supreme Court's omnibus rule amendment order that became effective September 1, 2018 and the key rule amendments the court made during the 2018-2019 court term, commonly called off-calendar amendments, for counsel practicing in the New Jersey Supreme Court; the Superior Court, Appellate Division; the Superior Court, Law Division, Civil Part; and the Superior Court, Chancery Division, General Equity Part.

2018-2019 Court Term Off-Calendar Rule Amendments

The New Jersey Supreme Court's (Supreme Court) key off-calendar amendments for the 2018-2019 court term, July 1, 2018 to June 30, 2019, are outlined below in reverse chronological order.

Attorney Registration Requirements

On August 2, 2019, the Supreme Court issued an order relaxing and supplementing N.J. R. 1:20-1 and 1:21-1 to require that New Jersey attorneys:
  • Provide the court with a current cell phone number no later than January 1, 2020, to coincide with the next annual registration.
  • Complete the fields for their individual email address and cell phone number in the Attorney Registration Payment System no later than January 1, 2020.
  • Update any changes to their email address or cell phone number within 30 days of that change.
(See Notice to the Bar (Aug. 2, 2019).)
The Supreme Court's August 2, 2019 order modifies its July 20, 2017 order requiring New Jersey attorneys to provide and maintain a valid email address (see Notice to the Bar (Aug. 2, 2019) and July 20, 2017 Supreme Court Order).
Counsel may request an exemption to the cell phone number or email address disclosure requirement by sending a written request to Hon. Glenn A. Grant, Acting Administrative Director of the Courts, Superior Court Clerk's Office, P.O. Box 971, Trenton, New Jersey 08625. Counsel must detail the basis for the exemption request. (See Notice to the Bar (Aug. 2, 2019).)

Foreclosure Complaint Reinstatement Fee and Limitations

Effective August 1, 2019, the Supreme Court relaxed and amended N.J. R. 4:64-8 to conform with N.J.S.A. 2A:50-56.3, also effective August 1, 2019 (see Notice to the Bar (July 30, 2019)). Specifically, the Supreme Court amended N.J. R. 4:64-8 to:
  • Set the fee to reinstate a dismissed foreclosure action as twice the amount set for filing a foreclosure complaint (N.J. R. 1:43; see N.J.S.A. 2A:50-80 (effective November 1, 2019); the current filing fee schedule is also available on the New Jersey Courts website).
  • Increase the number of dismissals before the plaintiff must file a new foreclosure complaint from two to three.
  • Exempt a dismissal resulting from compliance with federal law or regulation from the dismissal limitation count.
(See Notice to the Bar (July 30, 2019).)
The amendment supersedes the Supreme Court's April 30, 2019 order as it applied to these provisions of N.J. R. 4:64-8 (see Notice to the Bar (Apr. 30, 2019) and Dismissal of Foreclosure Actions for Lack of Prosecution).
The Supreme Court's December 2, 2019 order amended N.J. R. 4:64-8 to make the fee increase for restored foreclosure complaints permanent (see Notice to the Bar (Dec. 17, 2019) and Legal Update, 2019-2020 Court Term Rules Update (NJ): Foreclosure Complaint Reinstatements).
For more information about foreclosure actions, see Practice Notes, Commercial/Nonresidential Foreclosures (NJ) and Residential Foreclosures (NJ).

Tax Court Transcript and Sound Recording Requests

On July 16, 2019, the Supreme Court issued an order relaxing N.J. R. 2:5-3 and modifying the procedure for requesting transcripts and sound recordings from the Tax Court for appeal and non-appeal purposes (see Notice to the Bar (July 25, 2019)). Specifically:
  • For appeal purposes, the procedure is as follows:
    • the appellant's attorney completes a system-generated form in eCourts Appellate;
    • the certified transcriber contacts the ordering party for a deposit; and
    • the parties access the completed transcript in eCourts Appellate.
  • For non-appeal purposes, counsel complete the Court Transcript Request Form and submit it to the Appellate Division Transcript Unit at [email protected]. If counsel later file an appeal, then they must upload the certified non-appeal transcript to eCourts Appellate.
  • Self-represented litigants seeking transcripts for any purpose follow the same procedure as counsel requesting a transcript for non-appeal purposes.
  • Parties must submit requests for CDs and other sound recordings of Tax Court proceedings to the Tax Court Clerk's Office.
(See Notice to the Bar (July 25, 2019).)
For more information on requesting a transcript from other courts for an appeal, see Appeal Transcript Request Process.
For more information on filing an appeal in the Superior Court, Appellate Division (Appellate Division), see Practice Notes, Appeals: Initiating an Appeal to the Appellate Division (NJ) and E-Filing in eCourts Appellate: Filing and Service (NJ): E-Filing a New Appeal.

Revision to Case Information Statement

The Supreme Court revised the civil Case Information Statement (CIS), effective July 1, 2019, to remove the Hurricane Sandy case indicator (NJ R PRAC App. 12-B1; see Notice to the Bar (July 1, 2019)). A fillable PDF of the CIS is located on the New Jersey Courts website.

Ethics Grievances

On May 9, 2019, the Supreme Court issued an order amending N.J. R. 1:19A-4 to address minor attorney advertising ethics violations, the formal complaint process, and hearings for ethics grievances (see May 9, 2019 Supreme Court Order).

Minor Attorney Advertising Violations

Under the amended rule, the Advertising Committee may direct an attorney who commits a minor advertising violation to:
  • Take immediate steps to discontinue the advertisement's use.
  • Submit a revised advertisement for the Advertising Committee's review.
(N.J. R. 1:19A-4(b); see May 9, 2019 Supreme Court Order.)
If the attorney discontinues the advertisement's use and the revised advertisement complies with the advertising rules, then the Advertising Committee may:
  • Dismiss the grievance.
  • Notify the parties in writing.
(N.J. R. 1:19A-4(b); see May 9, 2019 Supreme Court Order.)

Formal Complaint Process

The amended rule gives the Office of Attorney Ethics discretion to file a formal complaint where the facts may demonstrate by clear and convincing evidence that an attorney engaged in unethical conduct (N.J. R. 1:19A-4(c); see May 9, 2019 Supreme Court Order). Previously, the Advertising Committee directed its Secretary to file a file complaint in those circumstances.

Hearings

The Supreme Court amended N.J. R. 1:19A-4 to:

Foreclosure Rule Amendments and New Rules

On April 30, 2019, the Supreme Court issued an order amending a series of foreclosure rules and adopting two new foreclosure rules, effective May 1, 2019 (see Notice to the Bar (Apr. 30, 2019)).

Office of Foreclosure

The Supreme Court amended N.J. R. 1:34-6(a) to allow the Office of Foreclosure to recommend the court enter an order in an uncontested action to:
(See Notice to the Bar (Apr. 30, 2019).)
The amended rule requires a party filing a motion with the Office of Foreclosure to request only one form of relief (N.J. R. 1:34-6(b); see Notice to the Bar (Apr. 30, 2019)).

Service of Process on a Junior Judgment Creditor

The Supreme Court amended N.J. R. 4:4-4(a) to allow a plaintiff to serve process on a junior judgment creditor in a foreclosure action by either:
  • Mailing the complaint and case-initiating documents to the defendant's last known address.
  • Publication, if the plaintiff cannot identify the defendant's last known address after a diligent inquiry.
(N.J. R. 4:4-4(a)(9); see Notice to the Bar (Apr. 30, 2019).)

Notice of Entry of Final Judgment

The Supreme Court reduced the notice requirement for entry of a final judgment in an uncontested foreclosure matter from 30 days to 10 days (N.J. R. 4:64-1(d)(4); see Notice to the Bar (Apr. 30, 2019)).

Residential Foreclosure Mediation

The Supreme Court adopted N.J. R. 4:64-1B setting out the eligibility and participation requirements for foreclosure mediation (see Notice to the Bar (Apr. 30, 2019)). Effective November 1, 2019, the Foreclosure Mediation Act, N.J.S.A. 2A:50-74 to 2A:50-80, codified the judiciary's Foreclosure Mediation Program for residential foreclosures. For more information, see Practice Note, Residential Foreclosures (NJ): Right to Request Mediation.
The plaintiff must notify the homeowner about the Residential Foreclosure Mediation Program when it serves the summons and complaint (N.J. R. 4:64-1B(b); N.J.S.A. 2A:50-76; see Notice to the Bar (Apr. 30, 2019)). The homeowner may apply to participate in mediation by either:
The court may also order the parties to mediate any time after the complaint is filed (N.J. R. 4:64-1B(c)(3); Notice to the Bar (Apr. 30, 2019)).
A homeowner qualifies for mediation if:
  • The mortgaged premises are the subject of an active residential mortgage foreclosure case.
  • The homeowner timely applies to participate in mediation or the court orders mediation.
  • The mortgaged premises are:
    • the homeowner's primary place of residence; and
    • a one to four family dwelling.
  • Each borrower must agree to mediation.
  • The homeowner is not in bankruptcy.
(N.J. R. 4:64-1B(d); see Notice to the Bar (Apr. 30, 2019).)
Effective November 1, 2019, the homeowner requesting foreclosure mediation must also consult with a certified housing counselor. The certified housing counselor must sign and date the homeowner's mediation request statement. (N.J.S.A. 2A:50-78; see Notice to the Bar (Nov. 1, 2019).) Revised mediation forms are available on the court's website.
The Superior Court Clerk's Office issues a Letter of Mediation Acceptance to an eligible homeowner and schedules an initial conference between the parties within 45 days of the date of the letter. The purpose of the conference is to help the homeowner and lender exchange relevant financial documentation in a timely manner. The plaintiff must provide loss mitigation documents to the homeowner by regular and certified mail before the conference. The Superior Court Clerk's Office may schedule additional conferences in its discretion or if the parties have not exchanged all relevant financial documentation or are not ready to proceed. (N.J. R. 4:64-1B(e)(1)-(5); see Notice to the Bar (Apr. 30, 2019).)
The Superior Court Clerk's Office removes the case from the mediation program if it is not ready to proceed to mediation because either:
  • The homeowner did not exercise its best efforts to provide complete financial documentation or attend conferences.
  • The lender did not review the homeowner's financial documentation or attend conferences, rendering the matter a contested foreclosure.
(N.J. R. 4:64-1B(e)(6)-(7); see Notice to the Bar (Apr. 30, 2019).)
If the parties proceed to mediation, then the Superior Court Clerk's Office enters an Administrative Order scheduling the mediation within 30 days after the parties complete the initial or follow-up conference (N.J. R. 4:64-1B(f)(1); see Notice to the Bar (Apr. 30, 2019)). A lender's representative and each homeowner must attend the mediation. The purpose of the mediation is to explore the possibility of an alternate resolution, such as:
  • A loan modification agreement.
  • Repayment plan.
  • Reinstatement.
  • Another acceptable form of home retention.
  • Options other than home retention, such as:
    • a deed in lieu of foreclosure;
    • cash for keys;
    • short sale; or
    • market sale.
(N.J. R. 4:64-1B(f)(2); see Notice to the Bar (Apr. 30, 2019).)
The mediator may schedule a second mediation session within 15 days of the first session, but may not schedule a third session absent a court order. If the parties do not reach a resolution after a second mediation session because the lender failed to review the homeowner's financial documentation, then the Office of Foreclosure deems the matter a contested foreclosure and refers it to the court. (N.J. R. 4:64-1B(f)(4)-(5); see Notice to the Bar (Apr. 30, 2019).)
The new rule also provides that:
  • Mediation does not stay the underlying foreclosure litigation (N.J. R. 4:64-1B(g)).
  • The lender and homeowner must negotiate in good faith to reach a mutually agreeable resolution (N.J. R. 4:64-1B(h)).
  • The court may impose sanctions on a non-compliant party, including attorneys' fees (N.J. R. 4:64-1B(i)).
  • A party to a foreclosure action may not require another party to pay any costs, including attorneys' fees, for participating in mediation unless a court so orders (N.J. R. 4:64-1B(j)).
(See Notice to the Bar (Apr. 30, 2019).)

Certifications and Timing

The amended rule allows a party to submit a certification demonstrating the proof required in a foreclosure complaint (N.J. R. 4:64-2(a), (c); see Notice to the Bar (Apr. 30, 2019)). The Supreme Court eliminated the requirement that a party submit proof of the amount due that is dated within 90 days of its presentation to the court or Office of Foreclosure (N.J. R. 4:64-2(c)). (See Notice to the Bar (Apr. 30, 2019).)

Surplus Moneys Documents

The Supreme Court codified the documents that an applicant must submit with a notice of motion for the payout of foreclosure surplus moneys in the custody of the Superior Court Trust Fund, including:
  • An affidavit or certification stating:
    • the property address that generated the foreclosure surplus moneys;
    • proof that the applicant is the party named in the foreclosure action unless the applicant is a non-party to the foreclosure judgment;
    • a computation of the amount due on the applicant's claim;
    • the identities of the other parties with interests in the surplus moneys;
    • an explanation of the factual basis supporting the applicant's claim that its interest is superior to other parties' interests; and
    • a recital of the property's ownership at the time of the sheriff's sale and if applicable, any documents demonstrating why the owners are different from the parties who executed the mortgage.
  • An affidavit of certification of service proving service of the motion on all parties and attaching copies of either:
    • the US mail return receipt green cards; or
    • the unclaimed certified mail envelope.
  • The proposed form of order.
  • A copy of the writ of execution.
  • An executive officer's affidavit or the governing board's resolution, under the business entity's seal, stating the representation is a duly authorized representative of the business entity, if the applicant is a business entity.
  • Appropriate testate or intestate probate letters issued no more than 60 days before the application to establish the representative's right to act for the decedent's estate, if the applicant is deceased.
(N.J. R. 4:64-3(c); see Notice to the Bar (Apr. 30, 2019).)

Redemption Date

The Supreme Court amended N.J. R. 4:64-6(b) to require that the redemption date be set 60 days from the date of an Order Setting Time, Place, and Amount of Redemption (see Notice to the Bar (Apr. 30, 2019)).

Dismissal of Foreclosure Actions for Lack of Prosecution

The Supreme Court amended N.J. R. 4:64-8 to allow a party to file a motion for default, motion for judgment, or a motion setting time and place for redemption to prevent dismissal for lack of prosecution (N.J. R. 4:64-8; see Notice to the Bar (Apr. 30, 2019)).
Effective August 1, 2019, the Supreme Court relaxed and amended N.J. R. 4:64-8 to conform with N.J.S.A. 2A:50-56.3, which is also effective August 1, 2019 (see Notice to the Bar (July 30, 2019) and Foreclosure Complaint Reinstatement Fee and Limitations).
A plaintiff may file a motion to reinstate the matter with the Clerk of the Superior Court. The Supreme Court's April 30, 2019 order amended N.J. R. 4:64-8 to establish restatement fees for dismissed foreclosure cases. That order set a $100 restoration fee if the plaintiff filed a motion to reinstate within 30 days of dismissal or a $300 fee if the plaintiff filed it after 30 days. (N.J. R. 4:64-8; see Notice to the Bar (Apr. 30, 2019).) Effective August 1, 2019, the Supreme Court set the reinstatement fee in N.J. R. 4:64-8 to twice the amount for filing a foreclosure complaint for consistency with N.J.S.A. 2A:50-56.3, also effective August 1, 2019 (N.J. R. 4:64-8; see Notice to the Bar (July 30, 2019) and Foreclosure Complaint Reinstatement Fee and Limitations).
The Supreme Court's April 30, 2019 order also amended N.J. R. 4:64-8 to provide that the plaintiff may only reinstate the matter two times on a motion for good cause before the court requires the plaintiff to file a new complaint to proceed (N.J. R. 4:64-8; see Notice to the Bar (Apr. 30, 2019)). The Supreme Court's August 1, 2019 amendments to N.J. R. 4:64-8 increase the dismissals limitation from two to three and exempt dismissals resulting from compliance with federal law or regulation (see Notice to the Bar (July 30, 2019) and Foreclosure Complaint Reinstatement Fee and Limitations).

Administrative Conversion of Uncontested Case into a Contested Matter

The Supreme Court adopted a new rule regarding the administrative conversion of an uncontested case into a contested matter. The Clerk of the Superior Court may issue an administrative order requiring a plaintiff to file a certification setting out the status of a foreclosure action and the anticipated date of resolution if the matter remains pending one year after its commencement. The plaintiff has 15 days to file the certification. If the plaintiff fails to file the certification, then the Clerk of the Superior Court administratively transfers the uncontested matter to the Superior Court, Chancery Division, General Equity Part for case management as a contested matter. (N.J. R. 4:64-8A; see Notice to the Bar (Apr. 30, 2019).)

Confidential Name Change Forms Excluded From Public Access

On April 23, 2019, the Supreme Court issued an order amending N.J. R. 1:38-3(f) to exclude the Certification of Confidential Information for Name Change and Final Judgment Addendum forms from public access, effective May 1, 2019 (N.J. R. 1:38-3(f)(10); see Notice to the Bar (Apr. 24, 2019)).

Appeal Transcript Request Process

On October 10, 2018, the Supreme Court issued an order amending the procedure for how to request transcripts for appeals under N.J. R. 2:5-3, which became effective January 1, 2019 (see Notice to the Bar (Oct. 10, 2018)). On July 16, 2019, the Supreme Court revised the procedure for requesting transcripts for appeals to the Tax Court (see Notice to the Bar (July 25, 2019)), which superseded the earlier Notice to the Bar only as it applies to Tax Court transcripts.
If the appellant does not have a copy of the transcript, then the procedure to request it varies depending on the court from which the appellant is taking the appeal:
  • For Superior Court transcripts:
    • counsel submit a transcript request using eCourts Appellate;
    • counsel pay the transcript preparer directly for the transcript deposit (N.J. R. 2:5-3(d));
    • the Clerk's Office arranges the transcript preparation and receives it directly from the transcript preparer in electronic format; and
    • the Clerk's Office automatically uploads the electronic transcript to eCourts Appellate.
  • For Municipal Court transcripts:
    • counsel submit a transcript request using eCourts Appellate;
    • the Appellate Division serves the request on the trial court clerk;
    • counsel contact a certified transcriber or the court clerk to arrange for completion of the electronic transcript and payment of the transcript fee; and
    • counsel upload the completed electronic transcript to eCourts Appellate.
(See Notice to the Bar (Oct. 10, 2018) and Notice to the Bar (July 25, 2019).)
In all cases, the Clerk's Office forwards the completed transcript directly to any pro se litigant that orders a transcript for appeal purposes (see Notice to the Bar (Oct. 10, 2018)).
Counsel still must submit three additional paper copies of the transcript to the Clerk's Office within ten days after it is uploaded to eCourts Appellate (N.J. R. 2:6-11(a), (b).)
For more information on filing an appeal in the Appellate Division, see Practice Notes, Appeals: Initiating an Appeal to the Appellate Division (NJ) and E-Filing in eCourts Appellate: Filing and Service (NJ): E-Filing a New Appeal.

Military Status as a Confidential Personal Identifier

On September 12, 2018, the Supreme Court amended N.J. R. 1:38-7(a) to add military status as a confidential personal identifier that a party must redact from publicly accessible court records (see Notice to the Bar (Nov. 7, 2018)). For an explanation of how to redact confidential personal identifiers from e-filed documents, see Practice Note, E-Filing: Basics and Formatting (NJ): Redactions.

2018-2019 Omnibus Rule Amendments

The Supreme Court's omnibus rule amendment order for the 2018-2019 court term, July 1, 2018 to June 30, 2019, became effective on September 1, 2018. The key amendments are outlined below.

Time to Serve Orders and Judgments

The Supreme Court amended N.J. R. 1:5-1 to require a party to serve an order or judgment they receive from the court on any parties not electronically served using eCourts or not personally served in court within seven days after receiving the order or judgment (N.J. R. 1:5-1).
For more information about how to serve documents using alternate service methods, see Practice Note, Serving Documents After the Complaint (NJ): Alternate Service Methods.

Limits on Appellate Arguments

The Supreme Court amended N.J. R. 2:11-1 regarding appellate oral arguments to:
  • Reduce the maximum time for each party's oral argument before the Appellate Division from 30 minutes to 15 minutes unless the court determines more time is needed.
  • Clarify the number of attorneys that may present oral argument for each party unless the court orders otherwise, specifically:
    • no more than two attorneys may argue before the Appellate Division; and
    • only one attorney may argue before the Supreme Court.
(N.J. R. 2:11-1.)

Professional Malpractice Case Management

The Supreme Court adopted a new rule regarding professional malpractice case management (N.J. R. 4:5B-4). The rule requires the court to conduct case management conferences at the onset of the case, specifically:
  • Within 90 days of the first answer's filing, the court must conduct a case management conference to address discovery, including:
    • the sufficiency of the affidavit of merit provided under N.J.S.A. 2A:53A-27; and
    • the qualifications of the affiant or other medical expert under the Patients First Act, N.J.S.A. 2A:53A-41.
  • No less than 30 days before the case management conference, a party that must provide an affidavit of merit must produce the affiant's reasonably current curriculum vitae.
  • No less than 15 days before the case management conference, the defendant must serve the court and all parties with any written objections to the affidavit of merit.
(N.J. R. 4:5B-4(a).)
The rule also requires the court to enter a case management order that addresses:
  • The affidavit of merit's sufficiency.
  • Any disputes about the affidavit of merit.
  • The sufficiency of the qualifications of the affiant or medical expert under the Patients First Act, N.J.S.A. 2A:53A-41, in medical malpractice cases.
(N.J. R. 4:5B-4(b).)
The rule contains requirements for defendants added after the case management conference, namely:
  • Within 30 days of the additional defendant's joinder, any party required to provide an affidavit of merit must serve on that defendant copies of:
    • the affidavit; and
    • the affiant's reasonably current curriculum vitae.
  • Within 15 days of the additional defendant's receipt of the affidavit of merit, that defendant must serve any written objections to it.
  • The parties must attempt to resolve any dispute about the sufficiency of the affidavit of merit within 60 days of its service on the additional defendant.
  • Within 60 days of the service of the affidavit and curriculum vitae on the additional defendant, either:
    • the additional defendant must file a motion to resolve any dispute about the affidavit; or
    • the party required to provide the affidavit must submit a consent order stating no party objects to the affidavit of merit's sufficiency.
(N.J. R. 4:5B-4(c).)

Challenges to Expert Credentials in Medical Malpractice Actions

The Supreme Court amended N.J. R. 4:24-2 about the procedure for how a party to a medical malpractice action challenges an expert's credentials under the Patients First Act, N.J.S.A. 2A:53A-41. Under the revised rule, a party must file:
  • A motion challenging an expert within 30 days of service of that expert's report.
  • A certification setting out the party's area of specialty and qualifications, including the party's curriculum vitae.
(N.J. R. 4:24-2(b).)
The defendant may only use this rule to challenge the credentials of the plaintiff's expert if the parties and the court did not discuss that expert during a case management conference (N.J. R. 4:24-2(b)(1)).

Converting Motions to Dismiss to Motions for Summary Judgment

The Supreme Court amended N.J. R. 4:6-2 to require the court to provide reasonable notice to the parties if it decides to convert a motion to dismiss for failure to state a claim to a motion for summary judgment.
For information on:

Remand from Federal Court

The Supreme Court amended N.J. R. 4:24-1(d) to require all injunctions, orders, and other proceedings in matters a US District Court or US Bankruptcy Court remands to the Superior Court to remain in full force and effect until the Superior Court modifies them. The amended rule also requires the court to which an action has been remanded to conduct a case management conference within 30 days of the filing of the order of remand. The court then must enter a case management order that identifies:
  • Dates for the parties to file motions:
    • for reconsideration of any interlocutory orders that the federal court entered; and
    • for leave to amend pleadings filed in the federal court.
  • The discovery end date.
(N.J. R. 4:24-1(d).)

High-Low Agreements

The Supreme Court enacted a rule governing high-low agreements (N.J. R. 4:24A). A high-low agreement is an agreement in which some or all the parties agree that if the verdict:
  • Is above a specified range of numbers, the defendant's liability for damages is the highest number in the range.
  • Is less than the lowest number in a range of numbers, including a no cause for action against the defendant, the defendant pays the plaintiff the lowest number in the range.
  • Against the defendant falls within a specified range of numbers, the defendant pays that verdict.
(N.J. R. 4:24A.)
A plaintiff and a defendant that enter a high-low agreement in a multi-defendant jury trial action must disclose the agreement and its terms to the court and all parties immediately after the parties enter it (N.J. R. 4:24A).

Complex Business Litigation Program

The Supreme Court adopted rules governing the Complex Business Litigation Program (CBLP) (N.J. R. 4:102-1 to 4:105-9). The CBLP handles complex business, commercial, and construction cases in the Superior Court, Law Division, Civil Part (Civil Part). The new CBLP rules impose case management, discovery, and motion practice requirements. For example, unlike counsel litigating in the Civil Part, CBLP practitioners engage in an initial conference, submit a discovery plan, and exchange initial disclosures.
The Supreme Court also adopted a form discovery confidentiality order for cases in the CBLP (see CBLP Discovery Confidentiality Order). The Supreme Court later approved CBLP Case Management Guidelines and model forms and orders, including:
  • A Joint Proposed Discovery Plan.
  • An Electronic Discovery Stipulation and Order.
  • A Scheduling Order.
  • A Clawback Stipulation and Order.
(See Notice to the Bar (Feb. 20, 2019).)
The forms and orders are available in Word format on the CBLP website. The parties and the court may use the forms and orders without modification or tailor them to their specific case. (See Notice to the Bar (Feb. 20, 2019).)
For more information on litigating in the CBLP, see Complex Business Litigation Program Toolkit (NJ).

Notice of Appeal

The Supreme Court updated the certification in the Notice of Appeal to include references to the filing fee set out in N.J.S.A. 22A:2-5 and N.J. R. 1:43 (NJ R PRAC App. 4).
A fillable PDF of the Notice of Appeal is located on the New Jersey Courts website.

Appellate Division Civil Case Information Statement

The Supreme Court updated the Appellate Division Civil Case Information Statement to reflect re-lettering of N.J. R. 2:5-1. The form now cites N.J. R. 2:5-1(g) in reference to the question whether the appeal questions the validity of a statute, regulation, executive order, franchise, or constitutional provision of the State of New Jersey (NJ R PRAC App. 7).
A fillable PDF of the Appellate Division Civil Case Information Statement is located on the New Jersey Courts website.

CBLP Discovery Confidentiality Order

The Supreme Court adopted a form discovery confidentiality order for CBLP cases. If the parties to a CBLP action want the court to enter a discovery confidentiality order, then they must use the form set out in Appendix XXX. To incorporate new or different language into the order, the parties must redline the form and submit a written explanation to the court detailing why the changes are necessary. (N.J. R. 4:104-6 and NJ R PRAC App. XXX).
For more information on litigating in the CBLP, see Complex Business Litigation Program Toolkit (NJ).

Generally Known Client Information

The Supreme Court amended N.J. RPC 1.6(a) to allow a lawyer to reveal generally known information relating to a client's representation without the client's consent. The Supreme Court also adopted an official comment to N.J. RPC 1.6. The comment explains that determining whether information is generally known depends on how an interested person may obtain that information. For example:
  • Generally known information exists in the following locations if an interested person can obtain it using publicly available indices and similar access methods:
    • books or records in public libraries;
    • public record depositaries, such as government offices; or
    • publicly accessible electronic data storage.
  • Information is not generally known if an interested person can only obtain the information using:
    • special knowledge, including information about the whereabouts or identity of a person or other source; or
    • substantial difficulty or expense.
(September 1, 2018 Official Comment to N.J. RPC 1.6.)
For more information on the amendment to N.J. RPC 1.6, see Notice to the Bar (Apr. 24, 2018).

Retention of Attorney Advertising Material

The Supreme Court amended N.J. RPC 7.2 to require lawyers to:
  • Capture all material on their websites in an electronic or paper backup, including all new content, on at least a monthly basis.
  • Retain that captured information for three years.
(N.J. RPC 7.2(b).)
New content includes material that lawyers add to their websites but delete before the monthly backup (see Notice to the Bar (Apr. 24, 2018)).
For more information on the amendment to N.J. RPC 7.2, see Notice to the Bar (Apr. 24, 2018).