New Jersey Appellate Division Holds Good Cause Standard Applies, Even with Trial Scheduled, When Discovery End Date Has Not Passed
Donnelly v. Our Lady of Lourdes Medical Center, A-3878-22 (App. Div. 2024)
The New Jersey Appellate Division held that the “good cause” standard of R. 4:24-1(c) applies, even when there is a trial date scheduled, so long as the discovery has not concluded and a motion to extend discovery is returnable before the discovery end date.
The court held the scheduling of a trial date during preliminary stages of discovery, meaning before discovery has concluded, did not obviate the application of the good cause standard based on the plain language of the rules. Based on this interpretation, it was appropriate that the trial court granted a motion to extend discovery for good cause shown, pushing back the trial date in the process.
New Jersey Appellate Division Holds Counsel’s Failure to Pursue Discovery in a Timely Manner Will Not Warrant Reopening Discovery
Kara v. Lincoln Specialty Care Ctr., A-1257-22 (App. Div. 2024)
The New Jersey Appellate Division found no exceptional circumstances to warrant reopening and extending discovery when the failure to timely complete discovery was attributable to a party’s counsel.
When the discovery end date had passed and the defendants filed a motion for summary judgment based on the plaintiff’s failure to provide expert reports, the court granted the motion over the plaintiff’s cross-motion to extend discovery, based on the plaintiff’s failure to establish exceptional circumstances. Despite both parties’ counsel contributing to the delay in completing discovery, the court noted it is a plaintiff’s burden to litigate their claims and pursue discovery through motion practice, if necessary.
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