A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:
Rule 4:23-1.Motion for order compelling discovery
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:23-1 lets a party move for an order compelling discovery when a deponent fails to answer or an organization fails to designate a witness, treats an evasive or incomplete answer as a failure to answer, and shifts the reasonable expenses of the motion to the losing side.
Full Text of Rule 4:23-1
(a) Motion. If a deponent fails to answer a question propounded or submitted under R. 4:14 or 4:15, or a corporation or other entity fails to make a designation under R. 4:14-2(c) or 4:15-1, the discovering party may move for an order compelling an answer or designation in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion pursuant to R. 4:10-3.
(b) Evasive or Incomplete Answer. For the purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer.
(c) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney’s fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party opposing the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
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.
Source-R.R. 4:27-1. Former rule deleted and new R. 4:23-1 adopted July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
When discovery stalls, this rule is the first step. On reasonable notice, a party may move for an order compelling an answer where a deponent fails to answer a deposition or written question, or where an organization fails to designate a witness. An evasive or incomplete answer counts as a failure to answer.
The rule puts money behind the motion. If the motion is granted, the court generally orders the party whose conduct made it necessary to pay the movant’s reasonable expenses, including attorney’s fees, unless the opposition was substantially justified; if denied, the movant pays. This expense-shifting provision, Rule 4:23-1(c), is cross-referenced throughout the discovery rules.
Frequently Asked Questions
How do you compel a party to answer discovery?
Move for an order compelling discovery under Rule 4:23-1 on reasonable notice. An evasive or incomplete answer is treated as a failure to answer, and the court may shift the motion’s expenses to the losing side.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:23-1). 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: motion to compel discoveryorder compelling discoveryevasive answerexpenses of motion