Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not, of itself, operate to delay any other party’s discovery.
Rule 4:10-4.Sequence and Timing of Discovery
Last amended September 5, 1972 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:10-4 provides that discovery methods may be used in any sequence, and that one party's use of a method does not, by itself, delay another party's discovery.
Full Text of Rule 4:10-4
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Former rule deleted (see R. 4:16-1) and new R. 4:10-4 adopted July 14, 1972 to be effective September 5, 1972.
Plain-English Summary
Discovery is not a relay race with a fixed order. Under this rule, unless the court orders otherwise for the convenience of parties and witnesses and in the interests of justice, the methods of discovery may be used in any sequence.
One side’s activity does not hold up the other’s. The fact that a party is conducting discovery, whether by deposition or otherwise, does not by itself operate to delay any other party’s discovery, so parties can proceed in parallel.
Frequently Asked Questions
Does discovery have to happen in a set order?
No. Methods of discovery may be used in any sequence, and one party’s discovery does not by itself delay another party’s, unless the court orders otherwise.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:10-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: sequence of discoverytiming of discoveryorder of discovery