Certification: Motion to Extend Discovery
(NJ)

Summary

This template is a certification for a motion to extend discovery under N.J. Ct. R. 4:24. This template includes practical guidance, drafting notes, and optional and alternate clauses. N.J. Ct. R. 4:24-1(c) and N.J. Ct. R. 4:24-2(a) require that a motion to extend the discovery period must be both filed within the discovery period and returnable within the discovery period. Before requesting that the court extend discovery by motion, you should stipulate with the other parties to a permissible 60-day extension of the discovery period pursuant to N.J. Ct. R. 4:24-1(c). Motions to extend discovery should only be filed if it appears that the 60-day extension by stipulation is not sufficient to complete discovery. In the rare event your adversary does not consent to the permissible extension, the motion should state that fact. Good cause must be shown for an extension of discovery (unless the discovery period has expired or will expire before the motion return date, in which case the motion should state that the applicant wishes to re-open discovery, and the movant must show exceptional circumstances). N.J. Ct. R. 4:24-1; Leitner v. Toms River Reg'l Sch., 392 N.J. Super. 80, 87–88, 91 (App. Div. 2007). Judges are often pressured to move cases as quickly as possible, and reluctant to grant discovery extensions absent compelling circumstances. Thus, it is important to provide as much support as possible to encourage the court to grant the motion. In addition to this certification, your motion must include a notice of motion and proposed form of order. For a sample notice of motion, see Notice of Motion (NJ). Since a motion to extend discovery relates to pretrial discovery, it must also include the following: • Any prior orders regarding discovery issues • Statement regarding any prior applications for discovery extensions, with results of the applications • The date of a pretrial conference, if scheduled • An arbitration schedule in accordance with N.J. Ct. R. 4:21A –and/or– • The date(s) for a calendar call or trial N.J. Ct. R. 1:6-2(c). If no dates have been scheduled, that fact must be indicated in the motion. For a related template, see Stipulation to Extend Discovery Deadline (NJ). For more on discovery extensions in New Jersey, see Extending Discovery Deadlines (NJ). For more on motion practice, see Motion Practice: Making and Opposing a Motion (NJ).