Monday, February 6, 2017

NJ Court Rule 5:5-1.Family Court Discovery

NJ Court Rule 5:5-1.Family Court  Discovery
Except for summary actions and except as otherwise provided by law or rule,
discovery in civil family actions shall be permitted as follows:
(a) Interrogatories as to all issues in all family actions may be served by any party
as of course pursuant to R. 4:17.
(b) An interrogatory requesting financial information may be answered by reference
to the case information statement required by R. 5:5-2.
(c) Depositions of any person, excluding family members under the age of 18, and
including parties or experts, as of course may be taken pursuant to R. 4:11 et seq. and R.
4:10-2(d)(2) as to all matters except those relating to the elements that constitute grounds
for divorce, dissolution of civil union, or termination of domestic partnership.
(d) All other discovery in family actions shall be permitted only by leave of court for
good cause shown except for production of documents (R. 4:18-1); request for admissions
(R. 4:22-1); and copies of documents referred to in pleadings (R. 4:18-2) which shall be
permitted as of right.]
(e) Discovery shall be completed within 90 days from the date of service of the
original complaint in actions assigned to the expedited track and within 120 days from said
date in actions assigned to the standard track. In actions assigned to the priority or
complex track, time for completion of discovery shall be prescribed by case management

order.

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