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Rule 4:41-1.Reference

Last amended May 7, 2024 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:41-1 lets the Superior Court refer a matter to a special adjudicator only with the Assignment Judge's approval, and only when every party consents or extraordinary circumstances justify it, with the order of reference stating which ground applies.

Full Text of Rule 4:41-1

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The reference for the hearing of a matter by a judge of the Superior Court shall be made to a special adjudicator only upon approval by the Assignment Judge, and then only when all parties consent or under extraordinary circumstances. The order of reference shall state whether the reference is consensual and, if not, shall recite the extraordinary circumstances justifying the reference.

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. 4:54-1; amended July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended May 7, 2024 to be effective immediately.

Plain-English Summary

Handing a matter over to someone outside the regular bench is the exception, not the rule. A reference to a special adjudicator requires the Assignment Judge's approval, and it can happen only two ways: every party consents, or the case presents extraordinary circumstances.

Whichever path applies, the order of reference has to say so — stating whether the parties consented and, if they did not, spelling out the extraordinary circumstances that justify sending the matter outside the courtroom.

Frequently Asked Questions

When can a New Jersey court refer a matter to a special adjudicator?

Only with the Assignment Judge's approval, and only if all parties consent or extraordinary circumstances justify the reference.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:41-1). 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: special masterreference to special adjudicatorspecial adjudicator