N.J. Admin. Code § 1:1-10.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:1-10.4 - Time for discovery; relief from discovery; motions to compel

(a) The parties in any contested case shall commence immediately to exchange information voluntarily, to seek access as provided by law to public documents and to exhaust other informal means of obtaining discoverable material.

(b) Parties shall immediately serve discovery requests.

(c) No later than 15 days from receipt of a notice requesting discovery, the receiving party shall provide the requested information, material or access or offer a schedule for reasonable compliance with the notice; or, in the case of a notice requesting admissions, each matter therein shall be admitted unless within the 15 days the receiving party answers, admits or denies the request or objects to it pursuant to N.J.A.C. 1:1-10.4(d).

(d) A party who wishes to object to a discovery request or to compel discovery shall, prior to the filing of any motion regarding discovery, place a telephone conference call to the judge and to all other parties no later than 10 days of receipt of the discovery request or the response to a discovery request. If a party fails without good reason to place a timely telephone call, the judge may deny that party's objection or decline to compel the discovery.

(e) The parties shall complete all discovery no later than 10 days before the first scheduled evidentiary hearing or by such date ordered by the judge.

N.J. Admin. Code § 1:1-10.4

Amended by R.1989 d.190, effective 4/3/1989.
See: 20 N.J.R. 2845(b), 21 N.J.R. 889(a).
In (c), clear specifications added on the result of a failure to respond to a request for admissions.
Petition for Rulemaking.
See: 35 N.J.R. 3965(a), 4331(a).
Amended by R.2004 d.95, effective 3/15/2004 (operative April 15, 2004).
See: 35 N.J.R. 4349(a), 36 N.J.R. 1355(a).
In (e), substituted "10 days" for "five days" following "no later than".
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
In (b), deleted "and notices and make discovery motions" from the end; rewrote (d); and in (e), deleted "at the prehearing conference" from the end.