(a) Prehearing Submissions. At least 10 days prior to the scheduled hearing each party shall exchange a concise statement of the factual and legal issues, in the form set forth in Appendix XXII-A or XXII-B to these rules, and may exchange relevant documentary evidence. Arbitration statements shall not exceed five pages, with exhibits not to exceed 35 pages. A copy of all documents exchanged shall be submitted to the arbitrator for review on the day of the hearing.
Rule 4:21A-4.Conduct of Hearing
Last amended July 1, 2025 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:21A-4 sets how an arbitration hearing is conducted — prehearing statements, the arbitrator's powers, relaxed evidence rules, the non-record nature of the hearing, the non-evidential status of the proceedings in any later trial, and the consequences of failing to appear.
Full Text of Rule 4:21A-4
(b) Powers of Arbitrator. The arbitrator shall have the power to issue subpoenas to compel the appearance of witnesses before the panel, to compel production of relevant documentary evidence, to administer oaths and affirmations, to determine the law and facts of the case, and generally to exercise the powers of a court in the management and conduct of the hearing.
(c) Evidence. The arbitrator shall admit all relevant evidence and shall not be bound by the rules of evidence. In lieu of oral testimony, the arbitrator may accept affidavits of witnesses; interrogatories or deposition transcripts; and bills and reports of hospitals, treating medical personnel and other experts provided the party offering the documents shall have made them available to all other parties at least one week prior to the hearing. In the discretion of the arbitrator, police reports, weather reports, wage loss certifications and other documents of generally accepted reliability may be accepted without formal proof.
(d) General Provisions for Hearing. Arbitration hearings shall be conducted in court facilities and no verbatim record shall be made thereof. Witness fees shall be paid as provided for trials in the Superior Court.
(e) Subsequent Use of Proceedings. The arbitrator’s findings of fact and conclusions of law shall not be evidential in any subsequent trial de novo, nor shall any testimony given at the arbitration hearing be used for any purpose at such subsequent trial. Nor may the arbitrator be called as a witness in any such subsequent trial.
(f) Failure to Appear. An appearance on behalf of each party is required at the arbitration hearing. If the party claiming damages does not appear, that party’s pleading shall be dismissed. If a party defending against a claim of damages does not appear, that party’s pleading shall be stricken, the arbitration shall proceed and the non-appearing party shall be deemed to have waived the right to demand a trial de novo. A party obtaining the arbitration award against the non-appearing party shall serve a copy of the arbitration award within 10 days of receipt of the arbitration award from the court pursuant to R. 4:21A-5. Service shall be upon counsel of record, or, if not represented, upon such non-appearing party. Service shall be made as set forth in R. 4:21A-9(c). Relief from any order entered pursuant to this rule shall be granted only on motion showing good cause, which motion shall be filed within 20 days of the date of service on the non-appearing party by the appearing party. Relief shall be on such terms as the court may deem appropriate, including litigation expenses and attorney’s fees incurred for services directly related to the non-appearance.
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 November 1, 1985 to be effective January 2, 1986; paragraph (a); amended July 10, 1998 to be effective September 1, 1998; paragraphs (a) and (d); amended, and new paragraph (f) adopted July 5, 2000 to be effective September 5, 2000; paragraph (f); amended July 23, 2010 to be effective September 1, 2010; paragraph (f); amended August 1, 2016 to be effective September 1, 2016; paragraph (a) amended June 24, 2025 to be effective July 1, 2025.
Plain-English Summary
The arbitration hearing is a streamlined proceeding, and this rule defines it. At least ten days ahead the parties exchange concise statements of the factual and legal issues on the prescribed forms and may exchange documentary evidence. The arbitrator can issue subpoenas, administer oaths, determine the law and facts, and admit all relevant evidence without being bound by the rules of evidence, accepting affidavits, reports, and reliable documents in lieu of live testimony.
The proceeding is kept informal and insulated. Hearings are held in court facilities with no verbatim record, and the arbitrator’s findings and any testimony are not evidential in a later trial de novo. Appearance is required: a claimant who does not appear has its pleading dismissed, and a defending party who does not appear has its pleading stricken and waives the right to a trial de novo, with relief available only on a good-cause motion.
Frequently Asked Questions
What are the rules of evidence at a New Jersey arbitration hearing?
The arbitrator admits all relevant evidence and is not bound by the rules of evidence, and may accept affidavits, deposition transcripts, and reports in lieu of live testimony if shared with other parties in advance.
What happens if a party does not appear at the arbitration hearing?
A claimant who fails to appear has its pleading dismissed; a defending party who fails to appear has its pleading stricken, the arbitration proceeds, and that party waives the right to demand a trial de novo, subject to good-cause relief.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:21A-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: conduct of arbitration hearingarbitrator powersarbitration evidencefailure to appear at arbitrationprehearing submissions