Rule 4:104-9.Sanctions for Failure To Make Discovery

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

In one sentenceRule 4:104-9 applies the standard R. 4:23-1 through R. 4:23-5 discovery-sanctions framework to CBLP cases, but routes every sanctions application, including an R. 4:23-5 motion, through R. 4:105-4's procedures.

Full Text of Rule 4:104-9

Text sizeJump to: (a) (b)

(a) R. 4:23-1 through R. 4:23-5 shall apply to determining whether, when, and how a party may be sanctioned for failing to provide discovery, except that applications for the imposition of discovery sanctions shall be subject to the procedures set forth in R. 4:105-4.

(b) Any motion to be brought pursuant to R. 4:23-5 shall be considered a discovery motion subject to R. 4:105-4.

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.

Adopted July 27, 2018 to be effective September 1, 2018.

Plain-English Summary

Sanctions for a discovery failure in a CBLP case follow the same substantive framework as anywhere else — R. 4:23-1 through R. 4:23-5 — but the path to get there is different. Every application for discovery sanctions, including a motion brought under R. 4:23-5, counts as a discovery motion and has to go through the procedures R. 4:105-4 sets out.

Frequently Asked Questions

What procedure governs a motion for discovery sanctions in a CBLP case?

It's treated as a discovery motion and follows the procedures in R. 4:105-4, even though the substantive standards come from R. 4:23-1 through R. 4:23-5.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:104-9). 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 discovery sanctions