A track assignment may be changed either at the outset of a case or as the case
develops, as follows:
Within 30 days of receipt of the TAN, the plaintiff may apply to the court for a
change of initial track assignment by filing a certification of good cause.
Any party other than the plaintiff seeking a change of initial track assignment
may file and serve a certification of good cause with its first pleading.
Objections to the certification of good cause for change of track assignment
must be made within 10 days by responding certification.
The designated pretrial or managing judge, or his or her designee, should
respond in writing, e.g., by letter or memo, advising of the court’s
determination on the application for change of track assignment.
Any party who is aggrieved by the court’s determination on such applications
may seek relief by filing a formal motion within 15 days of the entry of the
order.
Subsequent applications to change a track assignment must be made on formal
motion or on the court’s own motion only if the fundamental cause or causes of
action have changed or if the case type or track was erroneously identified on a
party’s CIS or erroneously entered by staff into the Civil Automated Case
Management System (ACMS). See R. 4:5A-2(b).
A track assignment should not change to accommodate a party’s (or the
parties’) need for a longer discovery period or because of the alleged
complexity of the case; rather in such situations, the party(ies) may apply to the
pretrial judge for an extension of the discovery end date, which may be granted
in accordance with R. 4:24- 1. See R. 4:5A-2.
Orders directing track changes should also direct a change to the underlying
case type in accordance with side 2 of the CIS.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
