Rule 4:41-1.Reference
Last amended May 7, 2024 · Current through June 18, 2026 · Last verified July 7, 2026
Full Text of Rule 4:41-1
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.