(a) Contents and Filing. The special adjudicator shall prepare a report upon the matters submitted including any findings of fact and conclusions of law required by the order. The special adjudicator shall file the report with the court within 10 days after the conclusion of the hearings, unless the court extends the time within such 10-day period by order reciting the unusual circumstances requiring such extension. The court shall forthwith notify all parties by mail of the filing of the report. Unless otherwise ordered, the special adjudicator shall file the original transcript of the proceedings and the original exhibits with the deputy clerk of the Superior Court in the county where the case is to be tried, who shall, if the reference was made in an action pending in the Superior Court, transmit them to the Clerk of the Superior Court 3 years after the filing of the complaint, unless the court otherwise directs.
Rule 4:41-5.Report
Last amended May 7, 2024 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:41-5 requires the special adjudicator to file a written report with findings and conclusions within ten days after the hearings conclude, gives every party ten days to object once notice of filing goes out, and sets different review standards for non-jury and jury actions.
Full Text of Rule 4:41-5
(b) In Non-jury Actions. In an action to be tried without a jury the court shall accept the special adjudicator’s findings of fact unless contrary to the weight of the evidence. Within 10 days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties and may move the court for action upon the report and the objections thereto. The court after hearing on the motion may adopt the report, modify or reject it in whole or in part, receive further evidence, or recommit it with instructions. A party failing to object in the trial court to the special adjudicator’s findings shall be precluded from raising objections to the findings on appeal.
(c) In Jury Actions. In an action to be tried by a jury the findings of the special adjudicator upon the issues submitted are admissible as evidence of the matters found, and may together with the evidence taken before the special adjudicator be read to the jury, subject to the ruling of the court upon objections to the report or the evidence.
(d) Stipulation as to Findings. The effect of a special adjudicator’s report is the same whether or not the parties have consented to the reference; but when the parties stipulate that a special adjudicator findings of fact shall be final, only questions of law arising upon the report may thereafter be considered.
(e) Draft Report. Before filing the report, a special adjudicator may submit a draft thereof to the attorneys for all parties for the purpose of receiving their suggestions.
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. 4:54-5(a)(b)(c)(d)(e); paragraphs (a), (c) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a), (b), (c), (d), and (e) amended May 7, 2024 to be effective immediately.
Plain-English Summary
The adjudicator's work ends in a written report — the findings of fact and conclusions of law the reference called for, filed with the court within ten days of the last hearing unless the court extends that window for good reason. The court notifies every party by mail once the report is filed, and the adjudicator preserves the record by filing the transcript and exhibits with the deputy clerk.
What the report means at trial depends on how the case is being tried. In a non-jury action, the court accepts the adjudicator's factual findings unless they go against the weight of the evidence, though any party gets ten days after notice to object and ask the court to act on the report. In a jury action, the findings come in as evidence and, along with the testimony taken before the adjudicator, may be read to the jury. And if the parties stipulated in advance that the findings would be final, only questions of law survive for later review. Before filing, the adjudicator may circulate a draft report to the attorneys for their input.
Frequently Asked Questions
How much time does a special adjudicator have to file a report?
Ten days after the hearings conclude, unless the court extends that period within the same ten days for stated unusual circumstances.
Can a party challenge a special adjudicator's factual findings?
In a non-jury action, yes — within ten days of notice the party may object and ask the court to act on the report, and a party who fails to object at the trial level cannot raise that challenge on appeal.
What if the parties agreed in advance that the adjudicator's findings would be final?
Then only questions of law arising from the report may still be considered.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:41-5). 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 reportreference report