New Rule 4:25-8 Provides Needed Clarity on Procedure for Motions in Limine
Careful review and compliance with Rule 4:25-8 can help to provide a measure of certainty with respect to the crucial evidentiary issues that pervade trial practice, avoid eleventh hour surprises, and foster settlement negotiations.
October 01, 2020 at 12:00 PM
6 minute read
On Sept. 1, 2020, an entirely new rule, Rule 4:25-8, went into effect as part of recent amendments to the Rules Governing the Courts of the State of New Jersey. This rule defines motions in limine and codifies certain best practices with respect to the filing of such motions. Rule 4:25-8 is significant because it prohibits filing motions in limine that may have a dispositive impact on the case, including "application[s] to bar an expert's testimony in a matter in which such testimony is required as a matter of law to sustain party's burden of proof." This is an important development in New Jersey law because it essentially requires dispositive motions to exclude expert testimony to be included as part of a motion for summary judgment, pursuant to Rule 4:46. This practice was heretofore not fully understood by practitioners and is significant because it allows for detailed briefing and consideration of such motions and eliminates the potential for "eleventh hour" exclusion of expert witnesses on the eve of trial.
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