N.J. Admin. Code § 1:1-9.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 1:1-9.6 - Adjournments

(a) In the following matters, applications for adjournments shall be made to the Clerk until such time as a party has appeared before the judge in person, by telephone or in writing for a motion, prehearing or hearing; thereafter, applications for adjournments shall be made to the judge:

1. Hearings in Human Services (except Medical Assistance provider and rate); Motor Vehicle; Consumer Affairs Lemon Law cases;

2. Settlement conferences in Alcoholic Beverage Control, Department of Personnel civil service and Community Affairs cases.

(b) In all cases other than those specified in (a) above, applications for adjournments shall be made to the Clerk until such time as a judge has been assigned. Thereafter, applications for adjournments shall be made to the judge.

(c) Applications may be made in writing or by telephone. Telephone applications for adjournments which are granted must be confirmed in writing by the party requesting the adjournment. All adjournments that are granted will be granted for the shortest period possible and to a definite date.

(d) Adjournments will be granted only for good cause.

(e) Adjournments will not be granted to complete discovery if parties have not timely complied with 1:1-10.4.

(f) The fact that a party obtains the consent to an adjournment of his or her adversary will not always result in the granting of the adjournment.

(g) An attorney with a conflicting engagement in a court shall call the Clerk or judge as soon as the conflict is discovered. Attorneys should not assume that such conflicts will always result in an adjournment.

(h) When the judge or the Clerk requests, a party obtaining an adjournment will be responsible for securing from his or her adversary consent to a new date.

(i) All parties to an adjournment will be responsible for giving prompt notice to their witnesses as to the adjournment and the new scheduled date.

(j) When granting an adjournment after an untimely application, a judge may order any of the sanctions contained in 1:1-14.1 4 and 14.15.

N.J. Admin. Code § 1:1-9.6

Amended by R.1991 d.44, effective 2/4/1991.
See: 22 N.J.R. 3278(b), 23 N.J.R. 293(a).
In (a): added introductory text specifying special cases.
Added new subsection (b), recodifying (b)-(f) as (d)-(h) with no change in text.
Recodified (g) as (i), deleting text referring to Clerk's confirmation of new date.
Recodified (h) as (j), revising N.J.A.C. reference.
Administrative Correction to (j).
See: 23 N.J.R. 687(a).
Amended by R.1991 d.279, effective 6/3/1991 (operative July 1, 1991).
See: 23 N.J.R. 639(a), 23 N.J.R. 1786(a).
In (j): revised N.J.A.C. citation.
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
Rewrote (a); in (c), substituted ". Telephone" for "; telephone"; in (d), substituted "for good cause" for "in exceptional situations which could not have been reasonably foreseen or prevented"; and in (j), inserted "and 14.15".