(a) Conference Timing. Except in a proceeding exempted from initial disclosure under R. 4:103-1(b)(1) or when the court orders otherwise, the parties must confer as soon as practicable — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under R. 4:103-3(a). Such conference shall take place notwithstanding any dispositive motion that may be pending.
Rule 4:103-2.Initial Conference of the Parties
Last amended September 1, 2020 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:103-2 requires the parties to confer at least 21 days before the scheduling conference to discuss settlement, arrange initial disclosures, address preserving discoverable information, and develop a written discovery plan covering disclosure timing, discovery scope, ESI, privilege, and proposed limitations, filed with the court within 14 days.
Full Text of Rule 4:103-2
(b) Conference Content; Parties’ Responsibilities. In conferring, the parties must (1) consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; (2) make or arrange for the disclosures required by Rule 4:103-1(a)(1); (3) discuss any issues about preserving discoverable information; and (4) develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person.
(c) Discovery Plan. A discovery plan must state the parties’ views and proposals on:
(1) what changes should be made in the timing, form, or requirement for disclosures under R. 4:103-1(a), including a statement of when initial disclosures were made or will be made;
(2) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;
(3) any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;
(4) any issues about claims of privilege or of protection as trial-preparation materials, including — if the parties agree on a procedure to assert these claims after production — whether to ask the court to include their agreement in an order under R. 4:10-2(c);
(5) what changes should be made in the limitations on discovery imposed under these rules, and what other limitations should be imposed; and
(6) any other orders that the court should issue under R. 4:10-3 or under R. 4:103-3(b) and (c).
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.
Adopted July 27, 2018 to be effective September 1, 2018; paragraph (a); amended July 31, 2020 to be effective September 1, 2020.
Plain-English Summary
Before the court sets a schedule, the parties have to talk. Except in exempted proceedings or when the court orders otherwise, they confer as soon as practicable — at least 21 days before a scheduling conference or scheduling order comes due — and that conference goes forward even with a dispositive motion pending. At it, they consider the case's merits and settlement prospects, arrange the required initial disclosures, discuss preserving discoverable information, and hash out a proposed discovery plan, all jointly the responsibility of the attorneys of record and any unrepresented parties, who file a written report on the plan within 14 days.
That plan has to address several specifics: any changes needed to the timing or scope of initial disclosures, what subjects still need discovery and when it should wrap up, any issues around producing or preserving electronically stored information, how privilege or trial-preparation claims will be handled (including whether to ask the court to formalize an agreement under R. 4:10-2(c)), any changes to the usual discovery limits, and any other orders worth asking the court to enter.
Frequently Asked Questions
How far in advance of the scheduling conference must the parties confer?
At least 21 days, and as soon as practicable, unless the proceeding is exempt or the court orders otherwise.
What must the parties' discovery plan address?
Changes to disclosure timing, the subjects and schedule for discovery, ESI issues, privilege and trial-preparation claims, proposed changes to discovery limits, and any other orders the parties want the court to consider.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:103-2). 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: discovery conferencediscovery plan