This rule applies to any motion brought pursuant to R. 4:46, which shall continue to apply to the extent not inconsistent with this rule.
Rule 4:105-5.Process Applicable to Summary Judgment Motions
Last amended September 1, 2020 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:105-5 has the parties agree on their own briefing schedule for a summary judgment motion under R. 4:46, file papers with the clerk without a designated motion date, and certify to the court once briefing closes so the clerk can calendar a hearing within 30 days, with a parallel process for cross-motions.
Full Text of Rule 4:105-5
(a) The parties are to confer and agree on a briefing schedule for dispositive motions, including cross-motions.
(b) The moving party will prepare its notice of motion, brief, affidavits, other supporting documentation and statement of material facts. These papers will be sent to all adversaries and the original filed with the clerk with no motion date designated.
(c) An original of all opposition papers are then to be filed with the clerk in accordance with the agreed-upon schedule of the parties. All opposition papers are to be served on the movant and all other parties.
(d) An original of all reply papers are then to be filed with the clerk in accordance with the agreed-upon schedule of the parties. All reply papers are to be served on all other parties.
(e) After the motion has been fully briefed, the movant shall file a letter with the clerk, and serve a copy on the CBLP judge and all other parties, certifying that the matter is fully briefed and asking the clerk to place the motion on the court’s motion calendar for a motion date within 30 days of the submission date. The motion return date may be changed by the court, and if the court changes the motion date, it shall notify the parties. The clerk shall forward all original filed motion papers to the court. The movant shall provide one full set of all motion papers as a courtesy copy to the court, listing in the cover letter all papers submitted.
(f) If any party receiving a motion for summary judgment seeks to file a cross-motion for summary judgment, the cross-movant shall confer with the movant to agree on a revised briefing schedule, as appropriate. The cross-movant thereafter shall file and serve a single brief consisting of its opposition to the original motion and its moving brief on the cross-motion. The original moving party shall then file and serve a single brief consisting of its reply on the original motion and its opposition to the cross-motion. The cross-movant shall then file and serve a reply brief limited to the issues on the cross-motion. After both the motion and cross-motion have been fully briefed, the original moving party shall file a letter with the clerk, and serve a copy on the CBLP judge and all other parties, certifying that the matters are fully briefed and asking the clerk to place the motions on the court’s motion calendar for a motion date within 30 days of the submission date. The motion return date may be changed by the court, and if the court changes the motion date, it shall notify the parties. The clerk shall forward all original filed motion and cross-motion papers to the court. The original moving party shall collect all papers submitted in support of and in opposition to both the original motion and the cross-motion, and shall provide one full set of all motion papers as a courtesy copy to the court, listing in the cover letter all papers submitted.
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; paragraphs (c) and (d); amended July 31, 2020 to be effective September 1, 2020.
Plain-English Summary
Summary judgment motions in the CBLP run on a schedule the parties set themselves. R. 4:46 still governs everything this rule doesn't specifically change. The moving party prepares its notice of motion, brief, affidavits, and statement of material facts, serves them on every adversary, and files the original with the clerk without designating any motion date. Opposition and reply papers then follow, filed and served according to whatever schedule the parties agreed on.
Once briefing wraps up, the movant sends the clerk a letter — copying the CBLP judge and every other party — certifying that the motion is fully briefed and asking the clerk to calendar a hearing within 30 days, along with a courtesy copy of every paper filed. A cross-motion for summary judgment follows a mirrored process: the cross-movant and original movant agree on a revised schedule, each side combines its opposition and its own motion papers into a single brief, the cross-movant gets a reply limited to the cross-motion's issues, and the original movant handles the final certification letter and courtesy copy once both motions are fully briefed.
Frequently Asked Questions
How is the motion date set for a CBLP summary judgment motion?
The parties file without designating a date, and once briefing is complete, the movant certifies that fact to the clerk and asks for a hearing date within 30 days of submission.
How are combined briefs handled when a cross-motion for summary judgment is filed?
The cross-movant files one brief combining its opposition to the original motion with its own moving brief, the original movant files one brief combining its reply with its opposition to the cross-motion, and the cross-movant files a reply limited to the cross-motion's issues.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:105-5). 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 summary judgment briefingcross-motion summary judgment CBLP