R. 4:46-3 New Jersey Rules of Court, R. 4:46-3: Case Not Adjudicated on Motion, rendered as code with every cross-reference linked

rule 4:46-3 "Case Not Adjudicated on Motion" {
(a) Order Limiting Factual Controversy. If on motion under this rule judgment is not rendered upon the whole action or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall, if practicable, ascertain what material facts, including facts as to the amount of damages, exist without substantial controversy and shall thereupon make an order specifying those facts and directing such further proceedings in the action as are appropriate. Upon trial of the action the facts so specified shall be deemed established.
(b) Order for Trial. If after the inquiry prescribed by paragraph (a) of this rule it appears to the court at the hearing of the motion that the case may be fully or partially adjudicated upon limited testimony, with or without specific further discovery, the court shall, if practicable, enter an order fixing a date certain for the trial of specifically identified disputed factual issues and, if appropriate, fixing the subject, mode, and time for completion of discovery.
Note: Source-R.R. 4:58-4. Former rule redesignated as paragraph (a), paragraph (b) adopted July 26, 1984 to be effective September 10, 1984.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02