Rule 4:23-2.Failure to comply with order

Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:23-2 authorizes sanctions when a party disobeys a discovery order, ranging from treating facts as established, barring claims or evidence, and striking pleadings to dismissal, default judgment, or contempt, along with the offending party's payment of expenses.

Full Text of Rule 4:23-2

Text sizeJump to: (a) (b)

(a) Failure to Be Sworn or Answer a Question. If a deponent fails to be sworn or to answer a question after being directed to do so, the failure may be considered a contempt of that court.

(b) Other Matters. If a party or an officer, director, or managing or authorized agent of a party or a person designated under R. 4:14-2(c) or 4:15-1 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under R. 4:23-1, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:

(1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the introduction of designated matters in evidence;

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof with or without prejudice, or rendering a judgment by default against the disobedient party;

(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

End

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. 4:27-2(a)(b). Former rule deleted and new R. 4:23-2 adopted July 14, 1972 to be effective September 5, 1972; paragraph (b)(2); amended July 13, 1994 to be effective September 1, 1994; paragraph (b); amended July 5, 2000 to be effective September 5, 2000; paragraph (b)(3); amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

A discovery order that is ignored has consequences. If a party, or its officer or designated witness, fails to obey an order to provide or permit discovery, the court may enter such orders as are just. The rule lists escalating options: deeming designated facts established, refusing to let the disobedient party support or oppose claims, barring evidence, striking pleadings, staying the case, dismissing the action, or entering a default judgment.

The court can also treat the disobedience as contempt, and in addition to any of these sanctions it requires the offending party to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the failure was substantially justified. This is the enforcement backbone behind a discovery order.

Frequently Asked Questions

What are the sanctions for violating a discovery order?

They range from treating facts as established and barring claims or evidence, to striking pleadings, dismissing the action, entering a default judgment, or treating the violation as contempt — plus payment of the expenses and fees the failure caused.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:23-2). 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: failure to comply with discovery orderdiscovery sanctionssanctions for violating orderstriking pleadings