Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy of materials submitted in violation of this rule shall not respond in kind unless instructed by the court.
Rule 4:105-7.Sur-Reply and Post-Submission Papers
Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:105-7 bars sur-reply papers on a motion's merits without advance court permission, allows only a bare citation letter for a relevant post-submission decision with no added argument, and directs that violating submissions go unread and unanswered unless the court says otherwise.
Full Text of Rule 4:105-7
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
Once a motion is fully briefed, the arguing stops — sur-reply papers addressing the merits, including correspondence, aren't allowed unless the court gave express permission in advance. The one exception is narrow: counsel can send a letter citing a post-submission court decision relevant to the pending issues, but without any additional argument tacked on.
Anything filed in violation of this rule doesn't get read or considered, and opposing counsel who receives a copy of an improper submission shouldn't respond in kind unless the court instructs otherwise.
Frequently Asked Questions
Can a party file a sur-reply addressing a motion's merits?
Not without express advance permission from the court.
What can counsel do if a relevant court decision comes out after briefing closes?
Send a letter citing the decision, without adding any further argument.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:105-7). 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: sur-reply CBLPpost-submission letter