Rule 5:5-4. Motions in Family Actions
(a) Motions.
(1) General. Motions in family actions shall be governed by R. 1:6-2(b)
except that, in exercising its discretion as to the mode and scheduling of disposition of
motions, the court shall ordinarily grant requests for oral argument on substantive and
non-routine discovery motions and ordinarily deny requests for oral argument on
calendar and routine discovery motions.
(2) Motion attachments for establishing alimony or child support. When a
motion or cross-motion is filed to establish alimony or child support, the pleadings filed
in support of, or in opposition to the motion, shall include a copy of a current case
information statement.
(3) Motion attachments for enforcement or modification. When a motion is
filed for enforcement or modification of a prior order or judgment, a copy of the order or
judgment sought to be enforced, modified or terminated shall be appended to the
pleading filed in support of the motion.
(4) Motion attachments for modification or termination of alimony or child
support not based on retirement. When a motion or cross motion is filed for
modification or termination of alimony or child support, other than an application based
on retirement filed pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), the movant shall
append copies of the movant’s current case information statement and the movant’s
case information statement previously executed or filed in connection with the order,
judgment or agreement sought to be modified. If the court concludes that the party
seeking relief has demonstrated a prima facie showing of substantial change of
circumstances or that there is other good cause, then the court shall order the opposing
party to file a copy of a current case information statement.
(5) Motion attachments for modification or termination of alimony based on
retirement. Upon application by the obligor to modify or terminate alimony based upon
retirement pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), both the obligor’s application to
the court for modification or termination of alimony and the obligee’s response to the
application shall be accompanied by current case information statements as well as the
case information statements previously executed or filed, or other relevant financial
documents if there was no case information statement executed or filed, in connection
with the order, judgment or agreement sought to be modified. In the event the previous
case information statement cannot be obtained after diligent efforts or was never
prepared, a certification shall be submitted detailing said diligent efforts or the nonexistence of said documents.
(b) Page Limits. Unless the court otherwise permits for good cause shown and
except for the certification required by R. 4:42-9(b) (affidavit of service), all certifications
in support of a motion shall not exceed a total of twenty-five pages. This twenty-five
page limit shall be allocated between the initial certification(s) and reply certification(s)
as the movant deems appropriate. All certifications in opposition to a motion or in
support of a cross-motion or both shall not exceed a total of twenty-five pages.
(c) Time for Service and Filing. A notice of motion shall be served and filed,
together with supporting affidavits and briefs, when necessary, not later than 24 days
before the time specified for the return date. For example, a motion must be served and
filed on the Tuesday for a motion date falling on a Friday 24 days later. Any opposing
affidavits, cross-motions or objections shall be served and filed not later than 15 days
before the return date. For example, a response must be served and filed on a
Thursday for a motion date falling on a Friday 15 days later. Answers or responses to
any opposing affidavits and cross-motions shall be served and filed not later than 8
days before the return date. For example, such papers would have to be served and
filed on a Thursday for a motion date falling on the Friday of the following week. If
service is made by mail, 3 days shall be added to the above time periods. Two copies of
all motions, cross-motions, certifications, and briefs shall be served.
(d) Advance Notice. Every motion shall include the following language: "NOTICE
TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO
IN WRITING. This written response shall be by affidavit or certification. (Affidavits and
certifications are documents filed with the court. In either document the person signing it
swears to its truth and acknowledges that they are aware that they can be punished for
not filing a true statement with the court. Affidavits are notarized and certifications are
not.) If you would also like to submit your own separate requests in a motion to the
judge you can do so by filing a cross-motion. Your response and/or cross-motion may
ask for oral argument. That means you can ask to appear before the court to explain
your position. However, you must submit a written response even if you request oral
argument. Any papers you send to the court must be sent to the opposing side, either to
the attorney if the opposing party is represented by one, or to the other party if they
represent themselves. Two copies of all motions, cross-motions, certifications, and
briefs shall be sent to the opposing side.
"The response and/or cross-motion must be submitted to the court by a certain
date. All motions must be filed on the Tuesday 24 days before the return date. A
response and/or cross motion must be filed fifteen days (Thursday) before the return
date. Answers or responses to any opposing affidavits and cross-motions shall be
served and filed not later than eight days (Thursday) before the return date. No other
response is permitted without permission of the court. If you mail in your papers you
must add three days to the above time periods.
"Responses to motion papers sent to the court are to be sent to the following
address: ____________. Call the Family Division Manager's office (____________) if
you have any questions on how to file a motion, cross-motion or any response papers.
Please note that the Family Division Manager's office cannot give you legal advice."
(e) Tentative Decisions. In any Family Part motion scheduled for oral argument
pursuant to this rule, the motion judge prior to the motion date may tentatively decide
the matter on the basis of the motion papers, posting the tentative decision and making
it available to the parties. After such tentative decision has been made, unless either
party renews the request for oral argument, that request shall be deemed withdrawn
and the tentative decision shall become final and shall be set forth in an appropriate
order. If, however, either party renews the request for oral argument, the motion shall be
argued as scheduled. This tentative motion decision process shall be subject to the
general supervision of the Family Presiding Judge of the vicinage.
(f) Orders on Family Part Motions. Absent good cause to the contrary, a written
order shall be entered at the conclusion of each motion hearing.
(g) Exhibits. Exhibits attached to certifications shall not be counted in determining
compliance with the page limits contained in this Rule. Certified statements not
previously filed with the court shall be included in page limit calculation. All exhibits shall
be differentiated from the text of a certification or affidavit by the use of labeled dividers
before each exhibit or some other means. Where labeled dividers are used, they shall
extend beyond the 8- 1/2 inch by 11 inch size of the paper.
Note: Source-R. (1969) 4:79-11. Adopted December 20, 1983, to be effective December 31, 1983;
amended November 2, 1987 to be effective, January 1, 1988; former rule amended and redesignated
paragraph (a) and paragraph (b) adopted June 29, 1990 to be effective September 4, 1990; paragraph (b) amended and paragraph (c) adopted June 28, 1996 effective as of September 1, 1996; captions of
paragraphs (a) and (b) amended and paragraph (d) adopted July 10, 1998 to be effective September 1,
1998; new paragraph (b) added and former paragraphs (b), (c), and (d) redesignated as paragraphs (c), (d), and (e) January 21, 1999 to be effective April 5, 1999; paragraph (d) amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added July 12, 2002 to be effective September 3, 2002; paragraphs (c) and (d) amended, and new paragraph (g) adopted July 28, 2004 to be effective
September 1, 2004; paragraphs (c) and (d) amended June 15, 2007 to be effective September 1, 2007;
paragraphs (a), (b), (d) and (g) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; paragraph (a) amended and redesignated as subparagraph (a)(1) with caption added, new subparagraphs (a)(2) through (a)(5) adopted, paragraph (b) amended July 29, 2019 to be effective September 1, 2019.
(a) Motions.
(1) General. Motions in family actions shall be governed by R. 1:6-2(b)
except that, in exercising its discretion as to the mode and scheduling of disposition of
motions, the court shall ordinarily grant requests for oral argument on substantive and
non-routine discovery motions and ordinarily deny requests for oral argument on
calendar and routine discovery motions.
(2) Motion attachments for establishing alimony or child support. When a
motion or cross-motion is filed to establish alimony or child support, the pleadings filed
in support of, or in opposition to the motion, shall include a copy of a current case
information statement.
(3) Motion attachments for enforcement or modification. When a motion is
filed for enforcement or modification of a prior order or judgment, a copy of the order or
judgment sought to be enforced, modified or terminated shall be appended to the
pleading filed in support of the motion.
(4) Motion attachments for modification or termination of alimony or child
support not based on retirement. When a motion or cross motion is filed for
modification or termination of alimony or child support, other than an application based
on retirement filed pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), the movant shall
append copies of the movant’s current case information statement and the movant’s
case information statement previously executed or filed in connection with the order,
judgment or agreement sought to be modified. If the court concludes that the party
seeking relief has demonstrated a prima facie showing of substantial change of
circumstances or that there is other good cause, then the court shall order the opposing
party to file a copy of a current case information statement.
(5) Motion attachments for modification or termination of alimony based on
retirement. Upon application by the obligor to modify or terminate alimony based upon
retirement pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), both the obligor’s application to
the court for modification or termination of alimony and the obligee’s response to the
application shall be accompanied by current case information statements as well as the
case information statements previously executed or filed, or other relevant financial
documents if there was no case information statement executed or filed, in connection
with the order, judgment or agreement sought to be modified. In the event the previous
case information statement cannot be obtained after diligent efforts or was never
prepared, a certification shall be submitted detailing said diligent efforts or the nonexistence of said documents.
(b) Page Limits. Unless the court otherwise permits for good cause shown and
except for the certification required by R. 4:42-9(b) (affidavit of service), all certifications
in support of a motion shall not exceed a total of twenty-five pages. This twenty-five
page limit shall be allocated between the initial certification(s) and reply certification(s)
as the movant deems appropriate. All certifications in opposition to a motion or in
support of a cross-motion or both shall not exceed a total of twenty-five pages.
(c) Time for Service and Filing. A notice of motion shall be served and filed,
together with supporting affidavits and briefs, when necessary, not later than 24 days
before the time specified for the return date. For example, a motion must be served and
filed on the Tuesday for a motion date falling on a Friday 24 days later. Any opposing
affidavits, cross-motions or objections shall be served and filed not later than 15 days
before the return date. For example, a response must be served and filed on a
Thursday for a motion date falling on a Friday 15 days later. Answers or responses to
any opposing affidavits and cross-motions shall be served and filed not later than 8
days before the return date. For example, such papers would have to be served and
filed on a Thursday for a motion date falling on the Friday of the following week. If
service is made by mail, 3 days shall be added to the above time periods. Two copies of
all motions, cross-motions, certifications, and briefs shall be served.
(d) Advance Notice. Every motion shall include the following language: "NOTICE
TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO
IN WRITING. This written response shall be by affidavit or certification. (Affidavits and
certifications are documents filed with the court. In either document the person signing it
swears to its truth and acknowledges that they are aware that they can be punished for
not filing a true statement with the court. Affidavits are notarized and certifications are
not.) If you would also like to submit your own separate requests in a motion to the
judge you can do so by filing a cross-motion. Your response and/or cross-motion may
ask for oral argument. That means you can ask to appear before the court to explain
your position. However, you must submit a written response even if you request oral
argument. Any papers you send to the court must be sent to the opposing side, either to
the attorney if the opposing party is represented by one, or to the other party if they
represent themselves. Two copies of all motions, cross-motions, certifications, and
briefs shall be sent to the opposing side.
"The response and/or cross-motion must be submitted to the court by a certain
date. All motions must be filed on the Tuesday 24 days before the return date. A
response and/or cross motion must be filed fifteen days (Thursday) before the return
date. Answers or responses to any opposing affidavits and cross-motions shall be
served and filed not later than eight days (Thursday) before the return date. No other
response is permitted without permission of the court. If you mail in your papers you
must add three days to the above time periods.
"Responses to motion papers sent to the court are to be sent to the following
address: ____________. Call the Family Division Manager's office (____________) if
you have any questions on how to file a motion, cross-motion or any response papers.
Please note that the Family Division Manager's office cannot give you legal advice."
(e) Tentative Decisions. In any Family Part motion scheduled for oral argument
pursuant to this rule, the motion judge prior to the motion date may tentatively decide
the matter on the basis of the motion papers, posting the tentative decision and making
it available to the parties. After such tentative decision has been made, unless either
party renews the request for oral argument, that request shall be deemed withdrawn
and the tentative decision shall become final and shall be set forth in an appropriate
order. If, however, either party renews the request for oral argument, the motion shall be
argued as scheduled. This tentative motion decision process shall be subject to the
general supervision of the Family Presiding Judge of the vicinage.
(f) Orders on Family Part Motions. Absent good cause to the contrary, a written
order shall be entered at the conclusion of each motion hearing.
(g) Exhibits. Exhibits attached to certifications shall not be counted in determining
compliance with the page limits contained in this Rule. Certified statements not
previously filed with the court shall be included in page limit calculation. All exhibits shall
be differentiated from the text of a certification or affidavit by the use of labeled dividers
before each exhibit or some other means. Where labeled dividers are used, they shall
extend beyond the 8- 1/2 inch by 11 inch size of the paper.
Note: Source-R. (1969) 4:79-11. Adopted December 20, 1983, to be effective December 31, 1983;
amended November 2, 1987 to be effective, January 1, 1988; former rule amended and redesignated
paragraph (a) and paragraph (b) adopted June 29, 1990 to be effective September 4, 1990; paragraph (b) amended and paragraph (c) adopted June 28, 1996 effective as of September 1, 1996; captions of
paragraphs (a) and (b) amended and paragraph (d) adopted July 10, 1998 to be effective September 1,
1998; new paragraph (b) added and former paragraphs (b), (c), and (d) redesignated as paragraphs (c), (d), and (e) January 21, 1999 to be effective April 5, 1999; paragraph (d) amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added July 12, 2002 to be effective September 3, 2002; paragraphs (c) and (d) amended, and new paragraph (g) adopted July 28, 2004 to be effective
September 1, 2004; paragraphs (c) and (d) amended June 15, 2007 to be effective September 1, 2007;
paragraphs (a), (b), (d) and (g) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; paragraph (a) amended and redesignated as subparagraph (a)(1) with caption added, new subparagraphs (a)(2) through (a)(5) adopted, paragraph (b) amended July 29, 2019 to be effective September 1, 2019.
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