Rule 5:5-7. Case Management Conferences in Civil Family Actions

Rule 5:5-7. Case Management Conferences in Civil Family Actions

(a) Dissolution Priority and Complex Actions. In civil family actions assigned to
the priority or complex track, an initial case management conference, which may be by
telephone, shall be held within 30 days after the expiration of the time for the last
permissible responsive pleading or as soon thereafter as is practicable considering,
among other factors, the number of parties, if any, added or impleaded. Following the
conference, the court shall enter an initial case management order fixing a schedule for
initial discovery; requiring other parties to be joined, if necessary; narrowing the issues
in dispute, if possible; and scheduling a second case management conference to be
held after the close of the initial discovery period. The second case management order
shall, among its other determinations, fix a firm trial date.

(b) Dissolution Standard and Expedited Cases. In civil family actions assigned to
the standard or expedited track, a case management conference, which may be by
telephone, shall be held within 30 days after the expiration of the time for the last
permissible responsive pleading. The attorneys actually responsible for the prosecution
and defense of the case shall participate in the case management conference and the
parties shall be available in person or by telephone. Following the conference, the court
shall enter a case management order fixing a discovery schedule and a firm trial date.
Additional case management conferences may be held in the court's discretion and for
good cause shown on its motion or a party's request.

(c) Non-Dissolution Actions. While non-dissolution actions are presumed to be
summary and non-complex, at the first hearing following the filing of a non-dissolution
application, the court, on oral application by a party or an attorney for a party, shall
determine whether the case should be placed on a complex track. The court, in its
discretion, also may make such a determination without an application from the parties.
The complex track shall be reserved for only exceptional cases that cannot be heard in
a summary matter. The court may assign the case to the complex track based only on
a specific finding that discovery, expert evaluations, extended trial time or another
material complexity requires such an assignment. Applications for a complex track
assignment made after the initial hearing may be considered upon presentation of
exceptional circumstances. If the court deems a non-dissolution case to be appropriate
for the complex track at the first hearing, an initial case management conference shall
be held at that time, and a case management order shall be issued detailing the
reasons that the case is deemed complex. The court shall enter an order fixing a
schedule for discovery, narrowing the issues in dispute, appointing experts, ordering
necessary reports from probation or third parties, scheduling mediation (where
appropriate), fixing a trial date, scheduling a second case management conference to
fix a trial date, or addressing any other relief the court may deem appropriate. At the
first case management conference, the court shall address any pendente lite relief
requested, identify and schedule any anticipated applications and/or schedule another
hearing to address any requested relief. At the second case management conference,
the court shall fix a trial date, address any stipulations between the parties, address
anticipated applications, address the completion of discovery or expert or third party
reports, narrow the issues, schedule mediation and fix the time for the filing of briefs and
pre-marked documents.

Note: Adopted as R. 5:5-6 November 5, 1986 to be effective January 1, 1987; full text deleted and new paragraphs (a) and (b) adopted January 21, 1999 to be effective April 5, 1999; redesignated as R. 5:5-7 July 27, 2006 to be effective September 1, 2006; paragraphs (a) and (b) captions amended, and new paragraph (c) caption and text adopted July 27, 2015 to be effective September 1, 2015.