Rule 5:5-5.Participation in Early Settlement Programs

Last amended September 1, 2004 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:5-5 requires every vicinage to run an Early Settlement Program and requires referred parties to take part, on pain of counsel fees or dismissal of their pleadings.

Full Text of Rule 5:5-5

Text size

All vicinages shall establish an Early Settlement Program (ESP), in conjunction with the County Bar Associations, and the Presiding Judges, or designee, shall refer appropriate cases including post-judgment applications to the program based upon review of the pleadings and case information statements submitted by the parties. Parties to cases that have been so referred shall participate in the program as scheduled. The failure of a party to participate in the program or to provide a case information statement or such other required information may result in the assessment of counsel fees and/or dismissal of the non-cooperating party's pleadings. Not later than five days prior to the scheduled panel session, each party shall be required to provide a submission to the ESP coordinator in the county of venue, with a copy to the designated panelists, if known.

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) 4:79-4. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective April 1, 1984; amended November 1, 1985 to be effective January 2, 1986; amended November 5, 1986 to be effective January 1, 1987; amended July 28, 2004 to be effective September 1, 2004.

Plain-English Summary

Each vicinage establishes an Early Settlement Program with the county bar association, and the presiding judge or a designee refers appropriate cases — including post-judgment applications — after reviewing the pleadings and case information statements.

Participation is not optional once a case is referred. A party who fails to take part, or to provide a case information statement or other required information, may face counsel fees, dismissal of their pleadings, or both.

Each party must get a submission to the county ESP coordinator, copied to the designated panelists if they are known, no later than five days before the scheduled panel session.

Frequently Asked Questions

Is the Early Settlement Program mandatory?

Participation is required for parties whose cases have been referred. Failing to participate may result in counsel fees, dismissal of the non-cooperating party's pleadings, or both.

When is my ESP submission due?

Not later than five days before the scheduled panel session, to the ESP coordinator in the county of venue, with a copy to the designated panelists if known.

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. 5:5-5). 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: early settlement programESPsettlement panelmatrimonial panel