(a) Pretrial Discovery. Rules of court relating to depositions, interrogatories, discovery and inspection of documents and property, except as provided in paragraph (b) of this rule, shall not be applicable to the trial of condemnation proceedings to fix the amount of the award before the commissioners or to appeals from such awards except by leave of court. The court, however, may on motion and for good cause shown order a party to produce for deposition pursuant to R. 4:14 an expert witness the party intends to call at trial who has not testified at the hearing before the commissioners. The party taking the deposition shall pay the expert a reasonable fee, to be determined by the court if the parties cannot agree on the amount.
Rule 4:73-11.Pretrial discovery, exchange of experts’ reports, comparable sales and leases; expert testimony
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-11 exempts condemnation proceedings from ordinary discovery except by leave of court, but requires the parties to exchange valuation experts' reports and lists of comparable sales and leases well before the commissioners' hearing and again before trial on appeal, barring untimely experts or comparables absent consent or court order.
Full Text of Rule 4:73-11
(b) Exchange of Experts’ Reports; Comparable Sales and Leases. Prior to the hearing before the commissioners, the parties shall exchange the names, addresses, and written appraisal reports of any person who will be called to testify as a valuation expert and a list of comparable sales and leases intended to be established by proof which list shall set forth as to each comparable sale and lease the following information: names of seller and purchaser or landlord and tenant; location of property by block, lot, street, street number and municipality; date of sale or date and duration of lease; the consideration for the sale or amount of rent; and book and page number of the recording of the deed. This information shall be furnished at least 15 days prior to the hearing before the commissioners. On appeal to the Law Division, the parties shall exchange the name, address and written report of any expert, including but not limited to appraisers, who will be called to testify at least 40 days prior to trial or, if the case is pre-tried, at the time of service of pre-trial memoranda, whichever is earlier. Any party intending to offer rebuttal testimony shall furnish the name, address and written report of the rebuttal expert within 20 days after service upon that party of the report or deposition being rebutted. The parties shall provide a listing of each comparable sale or lease that will be utilized by any witness to establish or rebut market value. The list shall contain the same sale or lease information that is required to be furnished prior to the commission hearing. Unless the parties consent or the court otherwise orders, no party shall be permitted to offer testimony of any expert witness whose name and report has not been provided or of any comparable sale or lease for which the aforementioned information has not been timely exchanged.
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. 4:92-13. Paragraph (a) amended and paragraphs (b) and (c) adopted July 14, 1972 to be effective September 5, 1972; paragraph (c); amended July 21, 1980 to be effective September 8, 1980; caption and paragraph (b); amended and paragraph (c) deleted July 15, 1982 to be effective September 13, 1982; caption, paragraph (a) and paragraph (b); amended November 1, 1985 to be effective January 2, 1986; paragraph (a); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Ordinary discovery — depositions, interrogatories, document requests — mostly stays out of condemnation proceedings before the commissioners or on appeal from their award, available only with the court's leave. One exception lets a party depose, for a reasonable fee, an expert who hasn't yet testified before the commissioners and who the other side plans to call at trial.
What the rule does require is an exchange: at least 15 days before the commissioners' hearing, each side turns over its valuation experts' names and reports along with a detailed list of comparable sales and leases. On appeal, that exchange happens again, at least 40 days before trial, with rebuttal information due within 20 days of receiving what's being rebutted. Skip that exchange, and the expert's testimony or the comparable itself generally can't come in, absent the other side's consent or a court order.
Frequently Asked Questions
Does ordinary discovery apply in a New Jersey condemnation proceeding?
No, generally not before the commissioners or on appeal from their award, except by leave of court.
What must the parties exchange before a condemnation hearing?
Their valuation experts' names, addresses, and written reports, along with a list of comparable sales and leases, at least 15 days before the commissioners' hearing and again before trial on appeal.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-11). 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: condemnation expert reportscomparable sales exchange