6-2-08 (A-57-07)
The Court applies Rule 1:1-2 to relax Rule 4:58-2, as amended effective September 1, 2004, in this rare instance where plaintiff fully complied with the letter and spirit of a Rule, but that Rule changed after plaintiff could no longer alter or modify his position to comply with the amended Rule. Application of the amended Rule would violate fundamental principles of fairness. Plaintiff’s entitlement to an award of remedies under the offer of judgment rule is to be gauged by the provisions of Rule 4:58-2 as it existed on the last day plaintiff could make a timely offer of judgment.
