Rule 5:12-3.Discovery

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

In one sentenceRule 5:12-3 requires the Division to hand over the reports it intends to rely on and to open its case file to counsel without a court order, while all other discovery needs leave of court.

Full Text of Rule 5:12-3

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All relevant reports of the Division of Child Protection and Permanency and other reports of experts or other documents upon which the Division intends to rely shall be provided to the court, to counsel for all parties, and to any self-represented party on the first return date of the Order to Show Cause, if then available, or as soon as practicable after they become available. The Division's case file shall also be available for inspection to the attorneys for the parties without court order. All other discovery by any party shall be permitted only by leave of court for good cause shown.

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: Source-R. (1969) 5:7A-3. Adopted December 20, 1983, to be effective December 31, 1983; amended June 28, 1996 to be effective September 1, 1996; amended July 9, 2013 to be effective September 1, 2013; amended July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

Discovery here runs the opposite way from ordinary civil practice. The Division must provide the court, counsel for all parties, and any self-represented party with all relevant Division reports and any expert reports or other documents it intends to rely on — on the first return date of the order to show cause if then available, or as soon as practicable afterwards.

Beyond that, the Division's case file is available for inspection by the attorneys for the parties without any court order. The material the agency holds is open by default.

Everything else is closed by default. All other discovery by any party is permitted only by leave of court for good cause shown — which keeps these summary proceedings from turning into full civil litigation while the child's placement is unresolved.

Frequently Asked Questions

Do I get the Division's reports?

Yes. All relevant Division reports and other expert reports or documents it intends to rely on go to the court, counsel for all parties, and any self-represented party — on the first return date of the order to show cause if available, or as soon as practicable after.

Can my attorney see the Division's case file?

Yes. The case file is available for inspection to the attorneys for the parties without court order.

Can I take depositions in a Division case?

Only by leave of court for good cause shown. All discovery other than the Division's mandatory disclosures requires leave.

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. 5:12-3). 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: DCPP discoverydivision case filereports child protection