The burdens lawyers face in overcoming the standard governing discovery extension motions teach us the need to pursue discovery diligently, especially in heavily contested matters where adversarial cooperation is unlikely. This is so not only because interlocutory review is unlikely but also because one risks being targeted as a “lowest-common-denominator” practitioner. See Paragon Contractors, Inc. v. Peachtree Association, 202 N.J. 415, 428 (2010) (Rivera-Soto, J., concurring).

Discovery end dates are generated shortly after case filings. Prudence dictates they be diaried on several dates well in advance of their arrival, without reliance upon judicial reminders. This will afford opportunity for a 60-day discovery extension, which is generally available without court order “by submission of a writing signed by one party and copied to all parties, representing that all parties have consented to the extension” R. 4:24-1(c). Attorneys should not rely upon assertions that they were “lulled” into a sense of believing adverse counsel consented through phone calls and e-mail communications. Absent the writing required under R. 4:24-1(c), counsel should file a motion to extend and set it returnable before the discovery end-date in order to make certain the motion is governed by a “good cause” rather than the heightened standard of “extraordinary circumstances.” The distinction points to the reason why pre-trial preparation cannot be lackadaisical. It results from the codification of “best practices” in R. 4:24-1.

Filing After End Date but Before Trial Date

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