), Courts have held that rules of discovery are to be liberally construed and accorded the broadest possible latitude. (SeeBlumberg v. Dornbusch, 139 N.J. Super. The Rules Governing the Courts of the State of New Jersey may be cited two ways, as "N.J. Court Rules, 1969" or more commonly, for example "R. 1:1-3". v. Blackburn, No. 1:6-2 (a) (amended eff 9/1/22). If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. Dismissal of the complaint was therefore an abuse of discretion. Here, dismissal of the complaint, predicated at least in part on the "local rule," was an abuse of discretion. The notice of motion must state the time and place when it is to be presented to the court (the return date), the grounds upon which it is made and the nature of the relief sought. 7 Direct Dial: (215) 400-2845 Ibid, see also N.J.Dist.Ct. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. Zaccardi, supra, 88 N.J. at 252. Motions Attachment B, Order Compelling Discovery, is a sample form order on a motion to compel. Electronically Stored Information. Motion to Compel Discovery Part I - Rules of General Application. Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. startxref Make your practice more effective and efficient with Casetexts legal research suite. 97 N.J. 581 (1984). Motion to Compel Discovery Sample Document - Free Some miscellaneous jurisdictions are also covered. The forms on this site are provided without warranty of any kind, express or implied, and the author and publisher specifically disclaim any and all such warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, where permissible, and any and all liability arising directly or indirectly from any use whatsoever of the form agreement. Defendants had moved for an order to set a date certain for the taking of the deposition. Reply in Support of Motion to Compel Discovery - New Jersey The Order shall set forth the self-executing nature thereof. Except as provided in 7:8-9A, if without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the return of a motion, the court may dismiss or grant the motion or application, continue the hearing to the next motion day or take such other action as it deems appropriate. den. Docket No: UNN-L-3942-19. Superior Court of New Jersey Bergen County. Failure to appear will preclude that person's testimony at trial. Don't ask for attorney's fees unless the discovery violations are extreme and especially don't ask for "reasonable expenses" for drafting a template motion like this when the responding party has not provided any response at all. Marlton, NJ 08053 01/10/2022 x\[SJ~)h4[6Em09g$5a#P#iO\owoNcpK? ? Certification: Motion to Compel Discovery (NJ) | Practical Law The return date is also the date on which the court will consider the motion, either on the papers or with oral argument. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (See Segal v. Lynch (2012) 211 N.J. 230, 256-57.

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