(a) Notice of Trial. The court shall advise all parties of the initial trial date no less than ten weeks prior thereto. Cases scheduled for trial shall be ready to proceed on the initial trial date. If a case is not reached during the week in which the trial date falls, it shall be forthwith scheduled for a date certain after consultation with counsel provided, however, that no case shall be relisted for trial sooner than four weeks from the initial trial date without agreement by all counsel. The court shall issue written notice confirming the new trial date.
Rule 4:36-3.Trial Calendar
Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:36-3 sets the mechanics of scheduling a New Jersey trial: at least ten weeks' notice of the trial date, a written and consented process for ordinary adjournments, and a tighter standard for adjournments sought over an expert witness's unavailability.
Full Text of Rule 4:36-3
(b) Adjournments, Generally. An initial request for an adjournment for a reasonable period of time to accommodate a scheduling conflict or the unavailability of an attorney, a party, or a witness shall be granted if made timely in accordance with this rule. The request shall be made in writing stating the reason for the request and that all parties have consented thereto. The written adjournment request, which shall be submitted to the civil division manager, shall also include a proposed trial date, agreed upon by all parties, to occur as soon as possible after the problem requiring the adjournment is resolved. If consent cannot be obtained or if a second request is made, the court shall determine the matter by conference call with all parties. Requests for adjournment should be made as soon as the need is known but in no event, absent exceptional circumstances, shall such request be made later than the close of business on the Wednesday preceding the Monday of the trial week. No adjournments shall be granted to accommodate dispositive motions returnable on or after the scheduled trial date.
(c) Adjournments, Expert Unavailability. If the reason stated for a prior request for an adjournment was the unavailability of an expert witness, no further adjournment request based on that expert’s unavailability shall be granted, except upon a showing of exceptional circumstances, but rather that expert shall be required to appear in person or by videotaped testimony taken pursuant to R. 4:14-9 or, provided all parties consent, the expert’s de bene esse deposition shall be read to the jury in lieu of the expert’s appearance. If appropriate, given the circumstances of the particular case, the court may order that no further adjournments will be granted for the failure of any expert to appear.
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; corrective amendment to paragraph (c) adopted September 12, 2000 to be effective immediately; paragraph (c); amended July 12, 2002 to be effective September 3, 2002; paragraph (a); amended July 27, 2006 to be effective September 1, 2006; paragraph (c); amended July 23, 2010 to be effective September 1, 2010.
Plain-English Summary
Rule 4:36-3 walks through how a trial date gets set and, sometimes, moved. The court gives written notice of the initial trial date at least ten weeks out, and a case not reached during its assigned week gets a new date after consulting with counsel — though not one sooner than four weeks out unless every lawyer agrees.
Adjournment requests follow their own track: a written, consented request naming a new date, submitted to the civil division manager, with contested requests decided by conference call and a hard cutoff the Wednesday before trial week. An adjournment sought because an expert witness is unavailable faces a higher bar — courts expect that expert to appear in person, by videotape, or through a de bene esse deposition read to the jury, rather than granting a second postponement.
Frequently Asked Questions
How much notice does a party get of the trial date?
At least ten weeks before the initial trial date.
How is an adjournment requested?
In writing, stating the reason and confirming all parties consent, submitted to the civil division manager with a proposed new date. If consent can't be reached, or a second request is made, the court decides by conference call.
Can a case be adjourned because an expert witness is unavailable?
Only once for that reason absent exceptional circumstances. After that, the expert is expected to testify in person, by videotape, or through a de bene esse deposition read to the jury.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:36-3). 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: trial calendaradjournment requestexpert unavailability adjournment