| Rule
1:6 shall apply to all trial courts, except the Municipal Courts and
except as otherwise provided by R. 3:26-2(d) (motions for bail reductions),
R. 5:5-4 (motions in civil family actions), and R. 6:3-3 (motions
in the Special Civil Part).
1:6-2. Form of Motion; Hearing
(a) Generally. An application to the court for an order shall be
by motion, or in special cases, by order to show cause. A motion,
other than for bail pursuant to R. 3:26-2(d) or one made during
a trial or hearing, shall be by notice of motion in writing unless
the court permits it to be made orally. Every motion shall state
the time and place when it is to be presented to the court, the
grounds upon which it is made and the nature of the relief sought
and shall be accompanied by a proposed form of order in accordance
with R. 3:1-4(a) or R. 4:42-1(e), as applicable. The form of order
shall note whether the motion was opposed or unopposed. If the motion
or response thereto relies on facts not of record or not subject
of judicial notice, it shall be supported by affidavit made in compliance
with R. 1:6-6. The motion shall be deemed uncontested and there
shall be no right to argue orally in opposition unless responsive
papers are timely filed and served stating with particularity the
basis of the opposition to the relief sought.
(b) Civil Motions in Chancery Division and Specially Assigned Cases.
When a civil action, by reason of its complexity or other good cause,
has been specially assigned prior to trial to an individual judge
for disposition of all pretrial and trial proceedings and in all
cases pending in the Superior Court, Chancery Division, all motions
therein shall be made directly to the judge assigned to the cause,
who shall determine the mode and scheduling of their disposition.
Except as provided in R. 5:5-4, motions filed in causes pending
in the Superior Court, Chancery Division, Family Part, shall be
governed by this paragraph.
(c) Civil and Family Part Discovery and Calendar Motions. Every
motion in a civil case or a case in the Chancery Division, Family
Part, not governed by paragraph (b), involving any aspect of pretrial
discovery or the calendar, shall be listed for disposition only
if accompanied by a certification stating that the attorney for
the moving party has either (1) personally conferred orally or has
made a specifically described good faith attempt to confer orally
with the attorney for the opposing party in order to resolve the
issues raised by the motion by agreement or consent order and that
such effort at resolution has been unsuccessful, or (2) advised
the attorney for the opposing party by letter, after the default
has occurred, that continued non-compliance with a discovery obligation
will result in an appropriate motion being made without further
attempt to resolve the matter. The moving papers shall also set
forth the date of any scheduled pretrial conference, arbitration
proceeding scheduled pursuant to R. 4:21A, calendar call or trial,
or state that no such dates have been fixed. Discovery and calendar
motions shall be disposed of on the papers unless, on at least two
days notice, the court specifically directs oral argument on its
own motion or, in its discretion, on a party's request. A movant's
request for oral argument shall be made either in the moving papers
or reply; a respondent's request for oral argument shall be made
in the answering papers.
(d) Civil and Family Part Motions-Oral Argument. Except as otherwise
provided by R. 5:5-4 (family actions), no motion shall be listed
for oral argument unless a party requests oral argument in the moving
papers or in timely-filed answering or reply papers, or unless the
court directs. A party requesting oral argument may, however, condition
the request on the motion being contested. If the motion involves
pretrial discovery or is directly addressed to the calendar, the
request shall be considered only if accompanied by a statement of
reasons and shall be deemed denied unless the court otherwise advises
counsel prior to the return day. As to all other motions, the request
shall be granted as of right. (e) Oral Argument-Mode. The court
in civil matters, on its own motion or on a party's request, may
direct argument of any motion by telephone conference without court
appearance. A verbatim record shall be made of all such telephone
arguments and the rulings thereon. (f) Order; Record Notation. If
the court has made findings of fact and conclusions of law explaining
its disposition of the motion, the order shall so note indicating
whether the findings and conclusions were written or oral and the
date on which they were rendered. If no such findings have been
made, the court shall append to the order a statement of reasons
for its disposition if it concludes that explanation is either necessary
or appropriate. If the order directs a plenary or other evidential
hearing, it shall specifically describe the issues to be so tried.
A written order or record notation shall be entered by the court
memorializing the disposition made on a telephone motion.
1:6-3. Filing and Service of Motions and Cross-Motions
(a) Motions Generally. Other than an ex parte motion and except
as otherwise provided by R. 4:46-1 (summary judgment) and R. 5:5-4(c)
(post judgment motions), a notice of motion shall be filed and served
not later than 16 days before the specified return date unless otherwise
provided by court order, which may be applied for ex parte. Thus,
for example, if the return date of the motion is a Friday, the motion
must be filed and served not later than the Wednesday, 16 days prior.
If a motion is supported by affidavit or certification, the affidavit
or certification shall be filed and served with the motion. Except
as provided by R. 4:49-1(b) (motion for new trial), any opposing
affidavits, certifications or objections filed pursuant to R. 1:6-2
shall be filed and served not later than 8 days before the return
date unless the court relaxes that time. Thus, for example, if the
return date is on a Friday, any response must be filed and served
no later than Thursday of the prior week. Reply papers responding
to opposing affidavits or certifications shall be filed and served
not later than 4 days before the return date unless the court otherwise
orders. Thus, for example, such papers must be filed and served
on Monday for a return date of the following Friday. No other papers
may be filed without leave of court.
(b) Cross-Motions. A cross-motion may be filed and served by the
responding party together with that party's opposition to the motion
and noticed for the same return date only if it relates to the subject
matter of the original motion. A cross-motion relating to the subject
matter of the original motion shall, if timely filed pursuant to
this rule, relate back to the date of the filing of the original
motion. The original moving party's response to the cross-motion
shall be filed and served as provided by paragraph (a) for reply
papers. The court may, however, on request of the original moving
party, or on its own motion, enlarge the time for filing an answer
to the cross-motion, or fix a new return date for both. No reply
papers may be served or filed by the cross-movant without leave
of court. (c) Completion of Service. For purposes of this rule,
service of motion papers is complete only on receipt at the office
of adverse counsel or the address of a pro se party. If service
is by ordinary mail, receipt will be presumed on the third business
day after mailing.
1:6-4. Superior Court; Place for Filing Motions, Orders to Show
Cause and Orders
The original of all motion papers, orders to show cause and orders
in civil actions in the Superior Court shall be filed in accordance
with R. 1:5-6(b), except that in all actions in the Chancery Division
or specially assigned to a judge of the Law Division or, if the
judge to whom the motion is assigned is known, a copy of all motion
papers shall also be filed with the judge.
1:6-5. Briefs The moving party's brief in support of a motion shall,
pursuant to R. 1:6-3, be served and submitted to the court with
the moving papers. The respondent shall serve and submit an answering
brief at least 8 days before the return date. A reply brief, if
any, shall be served and submitted at least 4 days before the return
date. Briefs may not be submitted after the time fixed by this rule
or by court order, including the pretrial order, without leave of
court, which may be applied for ex parte.
1:6-6. Evidence on Motions; Affidavits
If a motion is based on facts not appearing of record, or not
judicially noticeable, the court may hear it on affidavits made
on personal knowledge, setting forth only facts which are admissible
in evidence to which the affiant is competent to testify and which
may have annexed thereto certified copies of all papers or parts
thereof referred to therein. The court may direct the affiant to
submit to cross-examination, or hear the matter wholly or partly
on oral testimony or depositions.
1:6-7. Reading of Moving Papers and Briefs in Advance
Insofar as possible judges shall read moving papers and briefs
in advance of the hearing and to this end, when briefs are submitted
in the trial courts, the matter shall be assigned insofar as possible
to the judge in advance of the hearing. The parties shall promptly
advise the court if the matter has been disposed of by settlement
prior to the hearing date.
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