A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. A party against whom a claim for such affirmative relief is asserted may move at any time for a summary judgment or order as to all or any part thereof. All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date, unless the court otherwise orders for good cause shown, and if the decision is not communicated to the parties at least 10 days prior to the scheduled trial date, an application for adjournment shall be liberally granted. Except as otherwise provided by R. 6:3-3 (motion practice in Special Civil Part) or unless the court otherwise orders, a motion for summary judgment shall be served and filed not later than 28 days before the time specified for the return date; opposing affidavits, certifications, briefs, and cross-motions for summary judgment, if any, shall be served and filed not later than 10 days before the return date; and answers or responses to such opposing papers or to cross-motions shall be served and filed not later than four days before the return date. No other papers may be filed without leave of court.
Rule 4:46-1.Time for Making, Filing, and Serving Motion
Last amended September 4, 2012 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:46-1 lets a party move for summary judgment 35 days after the pleading claiming relief is served, requires the motion returnable no later than 30 days before trial, and sets a cascading filing schedule of 28, 10, and 4 days before the return date for the motion, opposition, and reply.
Full Text of Rule 4:46-1
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. 4:58-1, 4:58-2. Caption and text amended November 1, 1985 to be effective January 2, 1986; amended November 5, 1986 to be effective January 1, 1987; amended November 7, 1988 to be effective January 2, 1989; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 10, 1998 to be effective September 1, 1998; amended July 27, 2006 to be effective September 1, 2006; amended July 9, 2008 to be effective September 1, 2008; amended July 19, 2012 to be effective September 4, 2012.
Plain-English Summary
Summary judgment has its own calendar. A party seeking relief must wait 35 days after serving the pleading that claims it before moving; a party defending against that claim can move at any time. Every motion has to be returnable no later than 30 days before the scheduled trial date, and if the court's decision does not reach the parties at least 10 days before trial, an adjournment should be granted freely.
The paperwork follows its own cascading schedule outside Special Civil Part practice: the motion itself goes in at least 28 days before the return date, opposing papers and any cross-motion at least 10 days before, and replies to that opposition at least 4 days before — and nothing else gets filed without the court's permission.
Frequently Asked Questions
How soon can a party move for summary judgment in New Jersey?
A party seeking affirmative relief must wait until 35 days after serving the pleading that claims the relief; a party defending against that claim may move at any time.
How close to trial can a summary judgment motion be filed?
No later than 30 days before the scheduled trial date, absent good cause shown to the court.
What is the filing schedule for a summary judgment motion?
The motion at least 28 days before the return date, opposition and any cross-motion at least 10 days before, and a reply at least 4 days before.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:46-1). 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: motion for summary judgmentMSJsummary judgment deadlinesummary judgment motion schedule