Absent exceptional circumstances, the court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system.
Rule 4:23-6.Electronically Stored Information
Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:23-6 is New Jersey's electronic-discovery safe harbor, barring sanctions, absent exceptional circumstances, against a party for failing to provide electronically stored information lost through the routine, good-faith operation of an electronic information system.
Full Text of Rule 4:23-6
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, 2006 be effective September 1, 2006.
Plain-English Summary
Electronic systems routinely overwrite and delete data, and this rule protects a party from being punished for that ordinary process. Absent exceptional circumstances, the court may not impose sanctions on a party for failing to provide electronically stored information that was lost as a result of the routine, good-faith operation of an electronic information system.
The safe harbor turns on good faith. It shields losses from normal system operation, not deliberate destruction or a failure to suspend routine deletion once a duty to preserve arises, which is why the exception for exceptional circumstances exists.
Frequently Asked Questions
Can you be sanctioned for losing electronic data in New Jersey?
Not for information lost through the routine, good-faith operation of an electronic information system, absent exceptional circumstances. The safe harbor does not cover deliberate destruction or a failure to preserve once a duty attaches.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:23-6). 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: electronically stored information safe harborESI safe harborspoliationroutine operationdata loss sanctions