Rules of Court · Part 1 · New Jersey
R. 1:38-8 New Jersey Rules of Court, R. 1:38-8: Removing from the Court File Documents Improperly Submitted to Court, rendered as code with every cross-reference linked
Removing from the Court File Documents Improperly Submitted to Court
(a) A party or other interested person may request that the court remove from its file an improperly submitted document upon application to the court and notice to all parties. A document is deemed improperly submitted to the court if the person who submitted the document had no legitimate basis in rule or law for doing so and if the document is not an evidentiary exhibit or part of a motion, brief, or other pleading. The party or interested person seeking to have a document removed from a court file bears the burden of proving by a preponderance of the evidence that it was improperly submitted.
(b) If the court thereafter determines that a document was improperly submitted, it may by order direct the clerk to destroy the document, to return it to the party that submitted it, or to remove the document from the file and retain it in a manner specified by the court pending further direction.
Note: New Rule 1:38-8 adopted July 16, 2009 to be effective September 1, 2009; caption revised, prior text designated as subparagraph (a), and new subparagraph (b) adopted October 8, 2013 to be effective immediately.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 1:38-8 "Removing from the Court File Documents Improperly Submitted to Court" {
(a) A party or other interested person may request that the court remove from its file an improperly submitted document upon application to the court and notice to all parties. A document is deemed improperly submitted to the court if the person who submitted the document had no legitimate basis in rule or law for doing so and if the document is not an evidentiary exhibit or part of a motion, brief, or other pleading. The party or interested person seeking to have a document removed from a court file bears the burden of proving by a preponderance of the evidence that it was improperly submitted.
(b) If the court thereafter determines that a document was improperly submitted, it may by order direct the clerk to destroy the document, to return it to the party that submitted it, or to remove the document from the file and retain it in a manner specified by the court pending further direction.
Note: New Rule 1:38-8 adopted July 16, 2009 to be effective September 1, 2009; caption revised, prior text designated as subparagraph (a), and new subparagraph (b) adopted October 8, 2013 to be effective immediately.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 1:38-7 · R. 1:38-9 → · chapter 1:38 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.