Civil Litigation Procedure and Court Rules
New Jersey civil practice is rule-driven. The exam tests the sequence from complaint to discovery to dispositive motion, and the deadlines a paralegal is expected to calendar accurately.
Commencing and responding
An action begins with a complaint and summons. Under R. 4:6-1, a defendant generally serves an answer within 35 days after service of the complaint. The answer should admit or deny allegations, plead affirmative defenses, and assert counterclaims. Defenses such as lack of personal jurisdiction, improper venue, insufficiency of process, and failure to state a claim may be raised by motion under R. 4:6-2 within the answer period; some are waived if omitted.
Discovery
Discovery runs under R. 4:10 to 4:25 and includes interrogatories, depositions, requests for production, requests for admission, and expert discovery. The discovery end date is ordinarily 450 days from the first answer or first appearance, whichever occurs first; the Special Civil Part uses a shorter period. Extensions require a court order under R. 4:24-1(c), usually on a showing of good cause.
Dispositive motions
Summary judgment under R. 4:46-2 is granted when the pleadings, depositions, answers, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The motion must be supported by a statement of material facts with record citations.
Worked example
A complaint is served on March 1. The answer is due April 5. A paralegal should calendar the answer date, the discovery end date from the first answer, and the summary judgment deadline. If a R. 4:6-2 motion is filed, the paralegal should confirm the effect on the answer deadline rather than assume the date is unchanged.
Traps
Counting calendar days instead of court days. Missing the discovery end date because no one calendared it. Filing a motion to dismiss after answering without checking waiver. Serving discovery after the deadline without leave.