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Rule 4:36-2.Notice of expiration of discovery period

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

In one sentenceRule 4:36-2 requires the court to notify each party 60 days before discovery closes, explaining that any extension must be requested before the deadline and that trial counsel must be designated within ten days after discovery ends or the right to designate is waived.

Full Text of Rule 4:36-2

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The court shall send a notice to each party to the action 60 days prior to the end of the prescribed discovery period. The notice shall advise that if an extension of the discovery period is required, application therefor must be made prior to its expiration and that if no such application is made, the action shall be deemed ready for trial. The notice shall also advise that if trial counsel has not yet been designated, that designation shall be made on written notice to all parties and the court no later than ten days after the expiration of the discovery period or the right to designate trial counsel shall be deemed waived.

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 5, 2000 to be effective September 5, 2000 (and former Rule 4:36-2 deleted); former caption and text deleted, and new caption and text adopted July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

Discovery deadlines can slip past unnoticed, so the court builds in a warning. Sixty days before the discovery period ends, the court sends every party a notice of the coming deadline.

The notice does two more things. It reminds the parties that an extension request has to be filed before discovery closes, since a case with no pending request is treated as ready for trial. And it starts a ten-day clock after discovery ends for designating trial counsel — miss that window, and the right to designate is waived.

Frequently Asked Questions

When does the discovery-period notice go out?

Sixty days before the discovery period is set to end.

What happens if no extension is requested before discovery closes?

The action is deemed ready for trial.

How long do parties have to designate trial counsel after discovery ends?

Ten days. Missing that window waives the right to designate trial counsel.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:36-2). 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: discovery end date noticetrial counsel designationdiscovery deadline