(a) General. No motion for the relief provided by the following rules may be granted in any action unless it is returnable before the expiration of the time limited for discovery unless on notice and motion, for good cause shown, the court otherwise permits: R. 4:8 (motion for leave to file a third-party complaint); R. 4:7-6, 4:28-1, or 4:30 (motion for joinder of additional parties); R. 4:38-1 (motion for consolidation); and R. 4:38-2 (motion for separate trials). Unless the court otherwise permits for good cause shown, motions to compel discovery and to impose or enforce sanctions for failure to provide discovery must be made returnable prior to the expiration of the discovery period.
Rule 4:24-2.Motions required to be made during discovery period
Last amended July 31, 2020 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:24-2 requires certain motions — for third-party joinder, adding parties, consolidation, separate trials, and compelling or enforcing discovery — to be made returnable before the discovery period expires, and sets a deadline for challenging an expert's credentials in medical-malpractice cases.
Full Text of Rule 4:24-2
(b) Disputes Regarding the Credentials of Experts in Medical Malpractice Actions. Any party challenging the credentials of an expert, other than the affiant or other designated medical expert whose credentials have been the subject of a case management conference in accordance with R. 4:5B-4 in a medical malpractice action pursuant to the Patients First Act, N.J S.A. 2A:53A-41, shall file a motion not later than thirty (30) days from the service of that expert’s report. The motion shall be accompanied by a certification setting forth the movant’s alleged area of specialty and qualifications that form the basis for the challenge of the expert’s qualifications under the Patients First Act and a copy of the movant’s curriculum vitae.
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. 4:28(b); amended June 7, 2005 to be effective immediately; amended December 6, 2005 to be effective immediately; prior text designated as paragraph (a) with new caption added and new paragraph (d) caption and text added July 27, 2018 to be effective September 1, 2018, paragraph (b); amended July 31, 2020 to be effective September, 1, 2020.
Plain-English Summary
Some motions must be brought while discovery is still open. This rule provides that motions for leave to file a third-party complaint, to join additional parties, to consolidate, and for separate trials generally may not be granted unless returnable before the discovery period ends, absent good cause. Motions to compel discovery or to impose discovery sanctions likewise must be returnable before the period expires.
The rule adds a specialized deadline. In a medical-malpractice case under the Patients First Act, a party challenging an expert’s credentials must move within 30 days after the expert’s report is served, supported by a certification of the movant’s own specialty and qualifications.
Frequently Asked Questions
Which motions must be made during the discovery period?
Motions for third-party practice, joinder of additional parties, consolidation, separate trials, and motions to compel or enforce discovery sanctions must generally be returnable before the discovery period expires, absent good cause.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:24-2). 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: motions during discovery periodexpert credentials challengePatients First Act motionjoinder deadline