NJ Court Motion
Return Date Calculator
Easily calculate when to file motion and briefs
View Filing Deadlines by Return Date
Select the motion type and return date to get started.
iPhone App Now Available
The NJ Court Motion Return Dates iPhone app is a convenient way for New Jersey lawyers, paralegals, and secretaries to quickly find the next available return date for civil motions in the Superior Court of the New Jersey.
Swipe left and right to browse return dates, or swipe down to go to the next eligible return date based on upcoming filing deadlines.
For each return date, the app will provide deadlines for filing motion papers, opposition briefs, and reply briefs.
The app supports regular civil motions and motions for summary judgment. It also includes helpful information regarding various types of motions along with citations to the New Jersey Court Rules.
Time for Filing Most Motions
Most motions must be filed and served at least 16 days before the return date, opposition must be filed and served at least 8 days before the return date, and any reply must be filed and served at least 4 days before the return date. See court rule below.
R. 1:6-3. Filing and Service of Motions and Cross-Motions
(a) Motions Generally. Other than an ex parte motion and except as otherwise provided by R. 4:6-2(e) (dismissal for failure to state a claim), R. 4:46-1 (summary judgment) and R. 5:5-4(c) (post judgment motions), a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte. Thus, for example, if the return date of the motion is a Friday, the motion must be filed and served not later than the Wednesday, 16 days prior. If a motion is supported by affidavit or certification, the affidavit or certification shall be filed and served with the motion. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week. Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court.
(b) Cross-Motions. A cross-motion may be filed and served by the responding party together with that party's opposition to the motion and noticed for the same return date only if it relates to the subject matter of the original motion, except in Family Part motions brought under Part V of these Rules where a notice of cross-motion may seek relief unrelated to that sought in the original motion. A cross-motion relating to the subject matter of the original motion shall, if timely filed pursuant to this rule, relate back to the date of the filing of the original motion. The original moving party's response to the crossmotion shall be filed and served as provided by paragraph (a) for reply papers. The court may, however, on request of the original moving party, or on its own motion, enlarge the time for filing an answer to the cross-motion, or fix a new return date for both. No reply papers may be served or filed by the cross-movant without leave of court.
(c) Completion of Service. For purposes of this rule, service of motion papers is complete only on receipt at the office of adverse counsel or the address of a pro se party. If service is by ordinary mail, receipt will be presumed on the third business day after mailing.
Time for Filing Motions for Summary Judgment
There are enlarged filing and opposition deadlines for motions for summary judgment. Motions for summary judgment must be filed and served at least 28 days before the return date, and oppositions must be filed and served 10 days before the return date. The date for the reply is at least 4 days before the return date, which is the same as for regular motions.
Motions for summary judgment must be returnable at least 30 days before the scheduled trial date, unless the moving party can show good cause. This app can help you find a return date prior to your trial date, along with the corresponding filing deadline. This filing deadline should be added to your firm’s calendar so you can track it along with the trial date.
See court rule below.
R. 4:46-1. Time for Making, Filing, and Serving Motion
A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense. A party against whom a claim for such affirmative relief is asserted may move at any time for a summary judgment or order as to all or any part thereof. All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date, unless the court otherwise orders for good cause shown, and if the decision is not communicated to the parties at least 10 days prior to the scheduled trial date, an application for adjournment shall be liberally granted. Except as otherwise provided by R. 6:3-3 (motion practice in Special Civil Part) or unless the court otherwise orders, a motion for summary judgment shall be served and filed not later than 28 days before the time specified for the return date; opposing affidavits, certifications, briefs, and cross-motions for summary judgment, if any, shall be served and filed not later than 10 days before the return date; and answers or responses to such opposing papers or to cross-motions shall be served and filed not later than four days before the return date. No other papers may be filed without leave of court.
Motions to Dismiss for Failure to State a Claim
Motions to dismiss for failure to state a claim upon which relief can be granted (R. 4:6-2(e)) must be filed and served in accordance with the time frames set forth in R. 4:46-1 (motions for summary judgment). This also applies for oppositions to such motions.
Accordingly, you can use the “summary judgment” setting on this app to calculate deadlines for motions to dismiss for failure to state a claim upon which relief can be granted.
Motions to Extend Discovery
Motions to extend the discovery end date must be made returnable prior to the discovery end date. See R. 4:24-1(c)(“If the parties do not agree or a longer extension is sought, a motion for relief shall be filed with the Civil Presiding Judge or designee in Track I, II, and III cases and with the designated managing judge in Track IV cases, and made returnable prior to the conclusion of the applicable discovery period.”).
This app can help you find a return date prior to your discovery end date, along with the corresponding filing deadline. This filing deadline should be added to your firm’s calendar so you can track it along with the discovery end date.
Motions for Reconsideration
Motions for reconsideration must be served within 20 days after service of the judgment or order. See rule below.
R. 4:49-2. Motion to Alter or Amend a Judgment or Order
Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred, and shall have annexed thereto a copy of the judgment or order sought to be reconsidered and a copy of the court's corresponding written opinion, if any.
Motions for a New Trial
Motions for new trial have unique filing and return date requirements. See court rule below.
R. 4:49-1(b) Time for Motion, Cross-Motion; Affidavits.
A motion for a new trial shall be served not later than 20 days after the court's conclusions are announced in nonjury actions or after the return of the verdict of the jury. The motion shall be noticed for hearing and argued no later than the second regular motion day following the service thereof, unless the court for good cause shown orders the hearing fixed for either an earlier or a later date. The opposing party may, within 10 days after service of the motion, serve a cross-motion for a new trial returnable at the same time and place as the motion. If a motion for a new trial is based upon affidavits they shall be served with the motion; opposing affidavits shall be served within 10 days thereafter which period may be extended for an additional period not exceeding 20 days either by written stipulation of the parties or court order. The court may permit reply affidavits. Except in special circumstances the motion shall be decided by the judge on trial notes without awaiting a transcript of the testimony.
Motions for Leave to Appeal from Interlocutory Orders
For deadlines and requirements associated with motions for leave to appeal from interlocutory orders, see R. 2:5-6.
Family Part Motions
For Family Part motions, see R. 5:5-4(c).
Saturdays, Sundays, and Legal Holidays
Please remember the rule about computation of time for Saturdays, Sundays, and Legal Holidays: