Rule 4:104-8.Signature Required; Effect of Signature

Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:104-8 requires every CBLP disclosure and discovery request, response, or objection to be signed and certified as accurate, non-frivolous, and not unduly burdensome or improperly motivated, strikes unsigned submissions that aren't promptly corrected, and authorizes sanctions for a certification that violates the rule without substantial justification.

Full Text of Rule 4:104-8

Text sizeJump to: (a) (b) (c)

(a) Required Signature as Certification. Every disclosure under Rules 4:103-1 and 4:104-7 and every discovery request, response, or objection under Rule 4:104 must be signed by at least one attorney of record in the attorney’s own name — or by the party personally, if unrepresented — and must state the signer’s address, e-mail address, and telephone number. By signing, an attorney or party certifies that to the best of the person’s knowledge, information, and belief formed after reasonable inquiry:

(1) with respect to a disclosure, it is complete and accurate as of the time it is made; and

(2) with respect to a discovery request, response, or objection, it is:

(A) consistent with these rules and warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law, or for establishing new law;

(B) not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and

(C) neither unreasonable nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the action.

(b) Failure to Sign. Other parties have no duty to act on an unsigned disclosure, request, response, or objection, and the court must strike such submission unless a signature is promptly supplied after the omission is called to the attention of the submitting attorney or party.

(c) Sanction for Improper Certification. If a certification violates this rule without substantial justification, the court, on motion or sua sponte, may impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including attorney’s fees, caused by the violation.

End

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

Every disclosure and every discovery request, response, or objection in a CBLP case needs a signature — from an attorney of record or, if unrepresented, the party personally — along with the signer's address, e-mail, and phone number. That signature is a certification: for a disclosure, that it's complete and accurate as of the time made; for a discovery request, response, or objection, that it's grounded in the rules or a non-frivolous argument for changing them, isn't being used to harass or delay or run up costs, and isn't unreasonable or overly burdensome given the case's needs, prior discovery, the stakes, and the amount in controversy.

An unsigned submission doesn't obligate anyone to respond to it, and the court has to strike it unless a signature shows up promptly once the omission is flagged. A certification that violates the rule without substantial justification can draw a sanction against the signer, the party, or both — potentially including an order to cover the reasonable expenses and attorney's fees the violation caused.

Frequently Asked Questions

What does signing a discovery request, response, or objection certify?

That it's consistent with the rules or a non-frivolous argument for changing them, isn't interposed for an improper purpose, and isn't unreasonable or unduly burdensome given the case's needs and stakes.

What happens to an unsigned disclosure or discovery submission?

Other parties have no duty to act on it, and the court must strike it unless a signature is promptly supplied once the omission is brought to the submitting party's attention.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:104-8). 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 certification requirementsignature on discovery