(a) Meetings. Upon the entry of an order of reference the court shall forthwith transmit a copy thereof to the special adjudicator who shall, unless the order otherwise provides, forthwith set a time and place for the first meeting of the parties or their attorneys to be held within 10 days after the date of the order and notify the parties or their attorneys thereof. The hearings shall thereafter be held continuously on all regular court days unless otherwise ordered by the court due to unusual circumstances stated at length in the order. Any party, on notice to the parties and special adjudicator, may apply to the court for an order requiring the special adjudicator to expedite the proceedings and to make a report. If a party fails to appear at the time and place appointed, the special adjudicator may proceed ex parte or adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
Rule 4:41-4.Proceedings
Last amended May 7, 2024 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:41-4 requires the special adjudicator to set a first meeting within ten days of the reference order and hold hearings continuously afterward, gives the parties subpoena power over witnesses under Rule 1:9, and lets the adjudicator prescribe the form of any accounting submitted.
Full Text of Rule 4:41-4
(b) Witnesses. The parties may compel the attendance of witnesses before the special adjudicator by the issuance and service of subpoenas as provided by R. 1:9. A witness failing to appear or give evidence may be punished as for a contempt and subjected to the sanctions provided by R. 1:9 and R. 4:23-1 to 4:23-4, inclusive.
(c) Statement of Accounts. When matters of accounting are in issue, the special adjudicator may prescribe the form in which the accounts shall be submitted and may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the special adjudicator may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as the special adjudicator directs.
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. 4:54-4(a)(b)(c); paragraphs (a) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraphs (a), (b), and (c) amended May 7, 2024 to be effective immediately.
Plain-English Summary
Once a reference order is entered, the clock starts running. The special adjudicator must set the first meeting within ten days and notify the parties, then hold hearings on every regular court day unless unusual circumstances, spelled out in the order, call for a different pace. A party can ask the court to push the adjudicator to move faster and report, and if a party fails to appear, the adjudicator may proceed without them or adjourn to another day with notice.
The parties can subpoena witnesses to appear before the adjudicator the same way they would before the court, and a witness who refuses to appear or testify faces contempt sanctions. When the matter involves accounting, the adjudicator can dictate the form the accounts take, accept a certified public accountant's sworn statement, and require a different form or oral proof if a party objects or the submission falls short.
Frequently Asked Questions
How quickly must a special adjudicator schedule the first meeting?
Within ten days after the order of reference is entered, unless the order says otherwise.
Can a party be forced to appear as a witness before a special adjudicator?
Yes. The parties may compel witnesses by subpoena the same way as in court, and a witness who refuses to appear or testify may be held in contempt.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:41-4). 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 adjudicator hearingsreference proceedings