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Rule 4:69-4.Filing and management of actions in lieu of prerogative writs

Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:69-4 requires the complaint to certify that agency-proceeding transcripts have been ordered, assigns every prerogative-writs action to Track IV, and has the managing judge hold a case management conference within 30 days of joinder to set the briefing schedule and any discovery.

Full Text of Rule 4:69-4

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The filing of the complaint shall be accompanied by a certification that all necessary transcripts of local agency proceedings in the cause have been ordered. All actions in lieu of prerogative writs will be assigned to Track IV. Within 30 days after joinder and in order to expedite the disposition of the action the managing judge shall conduct a conference, in person or by telephone, with all parties to determine the factual and legal disputes, to mark exhibits and to establish a briefing schedule. The scope and time to complete discovery, if any, will be determined at the case management conference and memorialized in the case management order. At least five days in advance of the conference, each party shall submit to the managing judge a statement of factual and legal issues and an exhibit list.

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 4:69-4 deleted November 27, 1974 to be effective April 1, 1975. New caption and rule adopted July 3, 2000 to be effective September 5, 2000; amended July 28, 2004 to be effective September 1, 2004.

Plain-English Summary

Prerogative-writs actions move on a set management track. The complaint has to come with a certification that every necessary transcript of the underlying local agency proceeding has been ordered, and the case is automatically assigned to Track IV.

Within 30 days after joinder, the managing judge holds a conference — in person or by phone — with everyone involved, to pin down the factual and legal disputes, mark the exhibits, and set a briefing schedule; if discovery is needed, its scope and timing get decided there too and written into the case management order. Each side has to come prepared, submitting a statement of the issues and an exhibit list at least five days beforehand.

Frequently Asked Questions

What must accompany a complaint in an action in lieu of prerogative writs?

A certification that all necessary transcripts of the local agency proceedings have been ordered.

When does the case management conference happen in a prerogative-writs action?

Within 30 days after joinder.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:69-4). 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: prerogative writs case managementTrack IV