Wednesday, February 26, 2020

Rule 3:1-4. Orders; Form; Entry

Rule 3:1-4. Orders; Form; Entry

(a) Time. Except for judgments to be prepared by the court and entered
pursuant to R. 3:21-5 or pretrial release orders entered pursuant to R. 3:26-2, formal
written orders shall be presented to the court in accordance with R. 4:42-1(e) except
that only the original of the signed order shall be filed. The court may also issue and
transmit to the Department of Corrections electronic Orders to Produce inmates, with
those orders or writs containing an electronically affixed signature of a Superior Court
judge. Such orders shall have the same authority as orders that contain a judge's
original signature.

(b) Settlement by Motion or Consent. Except as otherwise provided by
paragraph (c) of this rule, by other rule or by law, and except for ex parte matters and
for judgments entered pursuant to R. 3:21-5, no judgment or order shall be signed by
the court unless the form thereof has been settled on motion on notice to all parties
affected thereby or unless the written approval of such attorneys or parties to the form
thereof is endorsed thereon.

(c) Settlement on Notice. In lieu of settlement by motion or consent, the party
proposing the form of judgment or order may forward the original thereof to the judge
who heard the matter and shall serve a copy thereof on every other party not in default
together with a notice that unless the judge and the proponent of the judgment or order
are notified in writing of specific objections thereto within 5 days after such service, the
judgment or order may be signed in the judge's discretion. If no such objection is timely
made, the judge may forthwith sign the judgment or order. If objection is made, the
matter may be listed for hearing in the discretion of the court.

Note: Adopted July 29, 1977 to be effective September 6, 1977. Paragraph (c) amended July 24, 1978 to be effective September 11, 1978; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended August 30, 2016 to be effective January 1, 2017.

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