If a party or an officer, director, or managing 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 appear before the officer within this State who is to take his deposition, after being served with a proper notice, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (1), (2) and (3) of R. 4:23-2(b). In lieu of any order or in addition thereto the court shall require the party failing to act 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. The failure to act described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by R. 4:10-3.
Rule 4:23-4.Failure of Party to Attend at Own Deposition
Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:23-4 authorizes sanctions when a party or its representative, after proper notice, fails to appear for its own deposition, and provides that the failure cannot be excused as objectionable unless the party first sought a protective order.
Full Text of Rule 4:23-4
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. 4:27-4. Former rule deleted and new R. 4:23-4 adopted July 14, 1972 to be effective September 5, 1972; amended July 5, 2000 to be effective September 5, 2000; caption; amended July 27, 2006 to be effective September 1, 2006.
Plain-English Summary
A party who is noticed for a deposition must show up. If a party, or its officer or designated witness, fails to appear before the officer within the state after being served with a proper notice, the court may impose the same sanctions available under Rule 4:23-2(b) — from deeming facts established to striking pleadings — and requires payment of the expenses the failure caused.
The rule closes an escape hatch. A party cannot excuse its non-appearance by arguing the discovery was objectionable unless it first applied for a protective order under Rule 4:10-3. The remedy for an improper deposition is a motion, not staying home.
Frequently Asked Questions
What if a party skips its own deposition?
The court may impose sanctions and order the party to pay the expenses caused. The party cannot excuse the no-show on the ground that the discovery was objectionable unless it first moved for a protective order.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:23-4). 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: failure to attend own depositionparty fails to appear depositiondeposition no-show sanctions