Individual judge management may be available to cases on Tracks I, II, and III, if
the court determines it to be necessary, either on the request of a party or sua sponte; this
degree of management, however, should not result in reassignment of the case to Track
IV.
b. Pretrial Judge Upon Consolidation
When two or more cases are consolidated, and one or more, but not all, of the
cases eventually are disposed, the remaining case (s) will generally stay with the judge
who had managed the consolidated case.
c. Judicial Case Management/Calendaring
Cases on Tracks I, II and III should be handled by the same pretrial judge from
filing at least through discovery, and for cases on Track IV by the same managing judge
from filing through trial, barring exceptional circumstances. See R. 4:5A-1, -2. A judge
other than the designated pretrial or managing judge may nonetheless handle a settlement
conference in any case, and block scheduling of settlement conferences (e.g., “settlement
days” involving many cases from a designated carrier) may continue. The oversight of
the designated pretrial judge in cases on Tracks I, II and III does not necessarily extend
beyond the track-allotted discovery period plus 60 days. Thereafter, motions to extend
discovery further may be handled by the Civil Presiding Judge or his or her designee.
See R. 4:24-1. Civil Presiding Judges retain the authority to assign particular cases or
classes of cases to particular judges for oversight of all pretrial activity prior to the end of
the track-allotted discovery period plus 60 days. For example, a single pretrial judge may
be designated to handle all medical malpractice cases filed in the vicinage. An initial
case management conference in all Track IV cases is to be conducted within 60 days of
joinder (except in prerogative writ cases, which are governed by R. 4:69 -4).
In cases on any track the number of case management conferences is within the
discretion of the pretrial or managing judge. Case management conferences should not
ordinarily be held after a case is ready for trial. All decisions and directives issued at a
case management conference must be memorialized by court order, pursuant to R. 1:2- 6.
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
