Rules of Court · Part 4 · New Jersey
R. 4:46-1 New Jersey Rules of Court, R. 4:46-1: Time for Making, Filing, and Serving Motion, rendered as code with every cross-reference linked
Time for Making, Filing, and Serving Motion
the Judiciary’s own words for this rule, from its self-help pages; the rule itself is under Code
“If the motion was for summary judgment, you must file the response at least 10 days prior to the return date on the motion.”
NJ Courts, Lawsuits over $20,000 (Civil)
In the Judiciary’s words, not ours: these are the sentences from njcourts.gov self-help that describe what this rule does. The rule itself is under Code; the two are not the same document.
rule 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.
Note: Source – R.R. 4:58-1, 4:58-2. Caption and text amended November 1, 1985 to be effective January 2, 1986; amended November 5, 1986 to be effective January 1, 1987; amended November 7, 1988 to be effective January 2, 1989; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 10, 1998 to be effective September 1, 1998; amended July 27, 2006 to be effective September 1, 2006; amended July 9, 2008 to be effective September 1, 2008; amended July 19, 2012 to be effective September 4, 2012.
}
referenced_by: 1:6-3, 4:6-2
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02R. 4:46-2 → · chapter 4:46 · 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.