Rule 5:5-1.Discovery

Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:5-1 opens interrogatories and most depositions in civil family actions as of course, requires leave of court for other discovery, and sets 90- and 120-day completion periods tied to the case management track.

Full Text of Rule 5:5-1

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

Except for summary actions and except as otherwise provided by law or rule, discovery in civil family actions shall be permitted as follows:

(a) Interrogatories as to all issues in all family actions may be served by any party as of course pursuant to R. 4:17.

(b) An interrogatory requesting financial information may be answered by reference to the case information statement required by R. 5:5-2.

(c) Depositions of any person, excluding family members under the age of 18, and including parties or experts, as of course may be taken pursuant to R. 4:11 et seq. and R. 4:10-2(d)(2) as to all matters except those relating to the elements that constitute grounds for divorce, dissolution of civil union, or termination of domestic partnership.

(d) All other discovery in family actions shall be permitted only by leave of court for good cause shown except for production of documents (R. 4:18-1); request for admissions (R. 4:22-1); and copies of documents referred to in pleadings (R. 4:18-2) which shall be permitted as of right.

(e) Discovery shall be completed within 90 days from the date of service of the original complaint in actions assigned to the expedited track and within 120 days from said date in actions assigned to the standard track. In actions assigned to the priority or complex track, time for completion of discovery shall be prescribed by case management order.

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) 4:79-5. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended January 10, 1984, to be effective April 1, 1984; paragraphs (c) and (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (d) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (e) added January 21, 1999 to be effective April 5, 1999; paragraph (c) amended July 21, 2011 to be effective September 1, 2011.

Plain-English Summary

Two things come as of right. Interrogatories on all issues may be served by any party, and a financial interrogatory may be answered by pointing to the case information statement. Depositions may be taken of any person including parties and experts — with two limits: family members under 18 are excluded, and no deposition may go to the elements constituting grounds for divorce, dissolution or termination.

Everything else needs leave of court for good cause, except three familiar devices that remain available as of right: production of documents, requests for admissions, and copies of documents referred to in pleadings.

The clock depends on the track. Discovery closes 90 days from service of the original complaint on the expedited track and 120 days on the standard track. Priority and complex cases get their period fixed by case management order instead. Summary actions are outside the rule.

Frequently Asked Questions

How long is discovery in a New Jersey divorce?

90 days from service of the original complaint on the expedited track, 120 days on the standard track. On the priority and complex tracks the period is set by case management order.

Can children be deposed in a family case?

No. Depositions may be taken of any person excluding family members under the age of 18.

Can I depose the other side about the grounds for divorce?

No. Depositions are available as of course as to all matters except those relating to the elements that constitute grounds for divorce, dissolution of civil union, or termination of domestic partnership.

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. 5:5-1). 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: discoveryinterrogatoriesdepositionsdiscovery deadlinedocument requestsrequests for admissions