Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:104-7 requires automatic expert disclosure under R. 4:17-4(e) without waiting for an interrogatory, generally 90 days before trial (or 30 days after a rebuttal expert's disclosure), lets the scheduling order require early identification of affirmative-case experts, and lets a disclosed expert be deposed without a subpoena once disclosure is made.
(a)Any party intending to present evidence under N.J.R.E. 702, 703, or 705 shall disclose the information described in R. 4:17-4(e) without requiring the service of an interrogatory requesting such information.
(b)A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made:
(1)at least 90 days before the date set for trial or for the case to be ready for trial; or
(2)if the evidence is intended solely to contradict or rebut evidence on the same subject matter under N.J.R.E. 702, 703, or 705, within 30 days after the other party’s disclosure.
(c)In its initial scheduling order, the court may require any party intending to introduce expert testimony as part of its affirmative case to identify its testifying experts 30 days in advance of the date on which expert disclosures are due.
(d)A party may depose any person who has been identified under R. 4:104-7(a), pursuant to the provisions of R. 4:10-2(d)(2). The deposition may be conducted only after the disclosures required by R. 4:104-7(a) have been made. Such witnesses shall appear for depositions without the necessity of subpoenas.
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
Expert witnesses in a CBLP case get disclosed automatically — anyone planning to offer testimony under N.J.R.E. 702, 703, or 705 has to provide the R. 4:17-4(e) information without anyone having to ask for it by interrogatory. Absent a stipulation or court order, that disclosure comes at least 90 days before trial or the case's ready-for-trial date, or, for an expert offered solely to contradict or rebut testimony on the same subject, within 30 days after the other side's disclosure. The initial scheduling order can go further still, requiring a party to name its affirmative-case testifying experts 30 days before the disclosure deadline itself.
Once an expert is disclosed, deposing that expert follows R. 4:10-2(d)(2), but only after the disclosure has been made — and no subpoena is needed to get the expert to show up.
Frequently Asked Questions
When must expert disclosures generally be made in a CBLP case?
At least 90 days before the trial date or the date the case is to be ready for trial, unless a stipulation or court order sets a different time.
Does deposing a disclosed expert require a subpoena?
No, disclosed experts must appear for deposition without the necessity of a subpoena.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:104-7). 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:CBLP expert disclosureexpert witness deposition