The New Jersey Court Rules were amended in July 2020, effective September 1, 2020. A number of these amendments are important for litigators, and this post provides a summary.

New Jersey Court Rules Governing Motion Practice

Rule 4:6-2: Motions to Dismiss for Failure to State a Claim

Rule 4:6-2 (“How Presented”) governs assertion of defenses. The amendments target the Rule’s provisions governing motions to dismiss for failure to state a claim upon which relief may be granted. Previously, motions to dismiss were calendared on New Jersey’s typical 16-day cycle for motions, with motion papers required to be filed at least 16 days prior to the motion’s return date.  The amended Rule now requires such motion papers to be served in accordance with Rule 4:46-1 – New Jersey’s Rule governing summary judgment motions.

Continue reading “A Litigator’s Guide to the 2020 New Jersey Rule Amendments”