(a) A party may not seek discovery from any source before the parties have conferred as required by R. 4:103-2, except when expressly authorized by these rules, by stipulation, or by court order.
Rule 4:104-2.Timing of Discovery
Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:104-2 bars discovery requests before the parties' R. 4:103-2 conference (absent authorization, stipulation, or order) and lets document requests under R. 4:18 go out more than 35 days after service, with any early requests deemed served on the conference date.
Full Text of Rule 4:104-2
(b) More than 35 days after the summons and complaint are served, a request under R. 4:18 may be delivered: (1) to that served party by another party or (2) by that served party to any plaintiff or to any other party that has been served. Any R. 4:18 requests served before the R. 4:103-2 conference shall be deemed served on the day of the first R. 4:103-2 conference.
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.
Plain-English Summary
Discovery in a CBLP case doesn't start until the parties have met. Nobody can seek discovery from any source before the R. 4:103-2 conference, unless a rule expressly allows it or the parties stipulate or the court orders otherwise.
Once that's cleared, document requests under R. 4:18 can go out more than 35 days after the summons and complaint were served — from the serving party to a newly served party, or from a newly served party back to the plaintiff or any other served party. Any R. 4:18 request sent before the conference doesn't go to waste; it's deemed served on the day of that first conference.
Frequently Asked Questions
When can discovery requests first be sent in a CBLP case?
Not before the parties' R. 4:103-2 conference, unless a rule, stipulation, or court order authorizes it earlier.
What happens to an R. 4:18 document request served before the R. 4:103-2 conference?
It's deemed served on the day of the first R. 4:103-2 conference.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:104-2). 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: timing of CBLP discovery