(a) Case Management Conference. Within ninety (90) days of the filing of the first answer in all professional malpractice cases, the court shall conduct a case management conference to address discovery related issues, including the sufficiency of an affidavit of merit provided pursuant to N.J.S.A. 2A:53A-27 and the qualifications of the affiant or other designated medical expert pursuant to the Patients First Act, N.J.S.A. 2A:53A-41. Any party required to provide an affidavit of merit pursuant to the statute shall supply a reasonably current curriculum vitae of the affiant no less than thirty (30) days before the conference. No less than fifteen (15) days before the conference, the defendant must serve the court and all parties with specific written objections, if any, to the served affidavit of merit.
Rule 4:5B-4.Professional Malpractice Case Management
Last amended September 1, 2018 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:5B-4 requires an early case management conference in professional-malpractice cases to test the affidavit of merit and the qualifications of its affiant, and sets the case management order, curriculum-vitae exchange, and procedure for later-added defendants.
Full Text of Rule 4:5B-4
(b) Case Management Order. A case management order shall memorialize the conference conducted under paragraph (a) of this Rule and shall address: (1) the sufficiency of the affidavit of merit; (2) whether there are any disputes regarding the affidavit of merit; and (3) in medical malpractice cases, the sufficiency of the qualifications of the affiant or the designated medical expert under the Patients First Act, N.J.S.A. 2A:53A-41.
(c) Later Added Defendants. For any defendant joined after the case management conference, any party required to provide an affidavit of merit pursuant to the statute must also serve on such defendant a copy of the affidavit of merit, along with a reasonably current curriculum vitae of the affiant, within thirty (30) days of joinder of such additional defendant. Where there is no objection to the sufficiency of the affidavit of merit, a consent order to that effect shall be submitted by the party required to provide an affidavit of merit within sixty (60) days of the service of the affidavit and curriculum vitae. Any objections to the sufficiency of the affidavit of merit must be in writing and served by the added defendant within fifteen (15) days of its receipt. If any dispute concerning the sufficiency of the affidavit is not resolved within sixty (60) days of service of the objections, the added defendant shall promptly file a motion to resolve the issue.
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.
Former Rule 4:5B-4 deleted July 27, 2006 to be effective September 1, 2006. New Rule 4:5B-4 adopted July 27, 2018 to be effective September 1, 2018.
Plain-English Summary
Professional-malpractice cases get special management because of the affidavit of merit New Jersey requires. Within 90 days after the first answer, the court holds a case management conference to address discovery and, in particular, whether the affidavit of merit under N.J.S.A. 2A:53A-27 is sufficient and whether its affiant is qualified under the Patients First Act. The party owing an affidavit supplies the affiant’s current curriculum vitae before the conference, and a defendant with objections serves them in writing beforehand.
A case management order then records the conference and resolves the affidavit’s sufficiency, any disputes about it, and, in medical cases, the affiant’s qualifications. The rule also handles defendants added later: the affidavit and curriculum vitae must be served on them within set periods, and unresolved objections are teed up for a prompt motion.
Frequently Asked Questions
What is the affidavit-of-merit conference?
An early case management conference in professional-malpractice cases, held within 90 days of the first answer, at which the court examines the sufficiency of the affidavit of merit and the qualifications of the affiant before discovery proceeds.
Do later-added defendants get their own affidavit-of-merit review?
Yes. A party owing an affidavit must serve it and the affiant’s curriculum vitae on a newly joined defendant within a set period, and any objection the added defendant raises is resolved by consent order or, failing that, by motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:5B-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: professional malpractice case managementaffidavit of meritPatients First Actmedical malpractice conference