Rule 5:1-4.Differentiated Case Management in Civil Family Actions

Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:1-4 sorts every civil family action except summary actions onto one of five case management tracks — priority, complex, expedited, standard or arbitration — and sets out who assigns the track and how it can be changed.

Full Text of Rule 5:1-4

Text sizeJump to: (a) (b) (c)

(a) Case Management Tracks; Standards for Assignment. Except for summary actions, every civil family action shall be assigned, subject to reassignment as provided by paragraph (c) of this rule, to one of the following tracks as follows:

(1) Priority Track. The action shall be assigned to the priority track if it involves contested custody or parenting time issues.

(2) Complex Track. The action shall be assigned to the complex track for judicial management if it appears likely that it will require a disproportionate expenditure of court and litigant resources in preparation for trial and at trial because of the number of parties involved, the number of claims and defenses raised, the legal difficulty of the issues presented, the factual difficulty of the subject matter, the length and complexity of discovery, or a combination of these or other factors.

(3) Expedited Track. The action shall be assigned to the expedited track if it appears that it can be promptly tried with minimal pretrial proceedings, including discovery. Subject to re-assignment as provided by paragraph (c) of this rule, a dissolution action shall be assigned to the expedited track if (A) there is no dispute as to either the income of the parties or the identifiable value of the assets and no issue of custody or parenting time has been raised; (B) the parties have had a marital, domestic partnership or civil union relationship for less than five years and have no children; (C) the parties have entered into a property settlement agreement; or (D) the action is uncontested.

(4) Standard Track. Any action not qualifying for assignment to the Priority Track, Complex Track, Expedited Track, or Arbitration Track shall be assigned to the Standard Track.

(5) Arbitration Tracked Matters. At any point in a proceeding, pre-or post-judgment, the parties may agree to execute a Consent Order or Agreement to arbitrate or resolve the issues pending before the court pursuant to the Uniform Arbitration Act, N.J.S.A. 2A:23B-1 et seq., the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 et. seq., or any other agreed upon framework for arbitration of disputes between and among parties to any proceeding arising from a family or familytype relationship except as provided in R. 5:1-5(a)(1). If the parties elect to arbitrate, the litigation shall be assigned to the Arbitration Track, provided the parties have executed and filed with the court the Arbitration Questionnaire, which is set forth in Appendix XXIX-A, and the Arbitrator/Umpire Disclosure Form, which is set forth in Appendix XXIX-D. Thereafter, the arbitration shall proceed pursuant to R. 5:1-5.

(b) Procedure for Track Assignment. The Family Presiding Judge or a judge designated by the Family Presiding Judge shall make the track assignment as soon as practicable after all parties have filed Family Case Information Statements required by R. 5:5-2 or after the case management conference required by R. 5:5-7, whichever is earlier. The track assignment, however, shall not precede the filing of the first responsive pleading in the action. In making the track assignment, due consideration shall be given to an attorney's request for track assignment. If all the attorneys agree on a track assignment, the case shall not be assigned to a different track except for good cause shown and after giving all attorneys the opportunity to be heard, in writing or orally. The good cause exception shall not apply to a case assigned to the Arbitration Track. If it is not clear from an examination of the information provided by the parties which track assignment is most appropriate, the case shall be assigned to a track other than the Arbitration Track that affords the greatest degree of management. The parties shall be advised promptly by the court of the track assignment.

(c) Track Reassignment. Except with respect to assignment to the Arbitration Track, an action may be reassigned to a track other than that specified in the original notice to the parties either on the court's own motion or on application of a party. Unless the court otherwise directs, such application may be made informally to the Family Presiding Judge or to a judge designated by the Family Presiding Judge and shall state with specificity the reasons therefor. An action assigned to the Arbitration Track may be reassigned to the track assignment most appropriate if the parties mutually elect to opt out of the Arbitration Track by Consent Order or Agreement.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended August 1, 2006 to be effective September 1, 2006; subparagraph (a)(3) amended July 21, 2011 to be effective September 1, 2011; subparagraph (a)(4) amended, new subparagraph (a)(5) adopted, and paragraphs (b) and (c) amended July 27, 2015 to be effective September 1, 2015; subparagraph (a)(5) amended July 29, 2019 to be effective September 1, 2019; subparagraph (a)(5) caption and text amended July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

Track assignment decides how much judicial attention a case gets. Contested custody or parenting time sends a case to the priority track. The complex track is for cases likely to consume a disproportionate share of court and litigant resources, judged by the number of parties and claims, the difficulty of the issues or the facts, and the length of discovery.

The expedited track is defined more concretely. A dissolution action belongs there if any one of four things is true: there is no dispute about income or the identifiable value of assets and no custody or parenting time issue; the relationship lasted less than five years and produced no children; the parties have a property settlement agreement; or the action is uncontested. Anything left over goes to the standard track.

The arbitration track works differently from the rest. Parties may agree at any point, before or after judgment, to arbitrate, and the case moves to that track once they file the Arbitration Questionnaire and the Arbitrator/Umpire Disclosure Form. The reassignment provisions that apply to every other track do not apply to it — a case leaves the arbitration track only if the parties mutually opt out by consent order or agreement.

Frequently Asked Questions

What puts a divorce on the expedited track?

Any one of four conditions in Rule 5:1-4(a)(3): no dispute as to income or identifiable asset values and no custody or parenting time issue; a marital, domestic partnership or civil union relationship of less than five years with no children; an existing property settlement agreement; or an uncontested action.

When is the track assigned?

As soon as practicable after all parties have filed Family Case Information Statements under Rule 5:5-2, or after the case management conference required by Rule 5:5-7, whichever comes first — but never before the first responsive pleading is filed.

Can a case be moved off the arbitration track?

Only by the parties. The ordinary reassignment power in paragraph (c) excludes the arbitration track; a case leaves it when the parties mutually elect to opt out by consent order or agreement.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:1-4). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: case management trackpriority trackcomplex trackexpedited trackstandard trackarbitration trackDCM