(a) In order to permit the court the opportunity to resolve discovery issues before motion practice ensues and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held.
Rule 4:105-4.Advance Notice of Discovery Motions
Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:105-4 requires CBLP parties to meet and confer before raising any discovery dispute with the court, then exchange short position letters that trigger a court conference aimed at resolving the issue informally before a formal motion and briefing schedule become necessary.
Full Text of Rule 4:105-4
(b) The parties are required to meet and confer (in-person or by phone) before bringing any discovery issue to the attention of the court.
(c) Prior to filing a discovery motion, counsel for the moving party shall advise the court in writing (no more than five pages), on notice to opposing counsel, outlining the issue(s) in dispute and the party’s position on each such issue and requesting a telephone conference.
(d) Within three business days of receipt of the letter from counsel for the movant, any party opposing the relief shall submit a letter to the court (no more than five pages), on notice to opposing counsel, outlining the issue(s) in dispute and the party’s position on each such issue.
(e) Upon review of the motion notice and response letter(s), the court will schedule a telephone or in-court conference with counsel. At the discretion of the court, the conference may be held on the record. Counsel fully familiar with the matter and with authority to bind their client must be available to participate in the conference. The unavailability of counsel for the scheduled conference, except for good cause shown, may result in granting of the application without opposition and/or the imposition of sanctions.
(f) If the court resolves the matter during the conference, an order consistent with such resolution may be issued or counsel will be directed to forward a letter confirming the resolution to be “so ordered.”
(g) If the court does not resolve the matter during the conference, the court shall set a briefing schedule for the motion. Except for good cause shown, the failure to comply with the briefing schedule may result in the submission of the motion unopposed or the dismissal of the motion, as may be appropriate.
(h) Where a motion must be made within a certain time pursuant to the rules or court order, the submission of a motion notice letter, as provided in this rule, within the prescribed time shall be deemed the timely making of the motion. This submission shall not be construed to extend any jurisdictional limitations period.
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 disputes in a CBLP case don't go straight to a motion. The parties first have to meet and confer, in person or by phone, before bringing any discovery issue to the court's attention. If that doesn't resolve things, the moving party's counsel sends the court a short letter — no more than five pages — laying out the disputed issues and the party's position, and asking for a telephone conference; the opposing party gets three business days to respond with an equally short letter of its own.
The court then schedules a conference, which it can put on the record, and counsel who is fully familiar with the matter and authorized to bind the client has to show up — skipping it without good cause can mean losing the application unopposed or facing sanctions. If the conference resolves the dispute, the court either enters an order on the spot or has counsel submit a letter memorializing the resolution to be "so ordered." If it doesn't, the court sets a briefing schedule, and missing that schedule without good cause can mean the motion goes forward unopposed or gets dismissed. Sending the motion notice letter within whatever deadline otherwise applies to the motion counts as timely making the motion itself, though it never stretches an actual jurisdictional deadline.
Frequently Asked Questions
What must happen before a discovery motion can be filed in a CBLP case?
The parties must meet and confer, and, if that fails, the moving party's counsel must send the court a short position letter requesting a telephone conference, with the opposing party responding within three business days.
What happens if counsel doesn't attend the scheduled discovery conference?
Except for good cause shown, the application may be granted without opposition and sanctions may be imposed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:105-4). 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 conferencepre-motion letter discovery