When is the reply due on a New Jersey summary judgment motion?

Not later than 4 days before the return date. Because that period runs less than 7 days, Saturdays, Sundays, and legal holidays are excluded from the count, so the reply period can run functionally longer in real days than the 4-day figure suggests (N.J. Ct. R. 4:46-1; N.J. Ct. R. 1:3-1).

What papers must accompany a New Jersey summary judgment motion?

The notice of motion, a statement of material facts in separately numbered paragraphs with a citation to the record for each fact, a supporting brief, any supporting certifications or affidavits, and a proposed form of order noting whether the motion is opposed or unopposed (N.J. Ct. R. 4:46-2(a); N.J. Ct. R. 1:6-2(a)).

Is a New Jersey summary judgment motion the same as a motion to dismiss or a motion to set aside a default?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers New Jersey state trial court practice only, not summary judgment motions filed in federal court, which follows Federal Rule of Civil Procedure 56.

New Jersey Motion for Summary Judgment

Q: I was served with a New Jersey summary judgment motion. When is my opposition due?

Not later than 10 calendar days before the return date printed on the notice of motion. Your opposition must include a responsive statement admitting or disputing each of the movant's facts, plus any additional facts you contend are disputed, each cited to the record (N.J. Ct. R. 4:46-1; N.J. Ct. R. 4:46-2(b)).

Q: If I do not oppose a New Jersey summary judgment motion, is it automatically granted?

No. A non-responding party faces entry of summary judgment only if the court finds it appropriate, and the court must still find there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law (N.J. Ct. R. 4:46-5(a); N.J. Ct. R. 4:46-2(c)). But not opposing is still risky: a party who files no timely opposition also loses the right to argue against the motion orally.

Q: Will there be a hearing on a New Jersey summary judgment motion?

Not automatically. New Jersey decides most motions, including summary judgment, on the papers unless a party requests oral argument in the moving, opposing, or reply papers, in which case the request is granted as of right, or unless the court directs oral argument (N.J. Ct. R. 1:6-2(d)).

Q: Can I get partial summary judgment in New Jersey?

Yes. Rule 4:46-2(c) expressly authorizes partial or interlocutory summary judgment on any issue, including liability, even where a genuine factual dispute remains as to another issue such as the amount of damages, and Rule 4:46-3 lets the court narrow the case for trial when it denies full summary judgment (N.J. Ct. R. 4:46-2(c); N.J. Ct. R. 4:46-3).

New Jersey ties summary judgment deadlines to the motion's return date rather than a hearing date: the motion is due at least 28 calendar days before that date, the opposition at least 10 calendar days before it, and any reply at least 4 days before it, excluding weekends and holidays, under Rule 4:46-1, except as otherwise provided by R. 6:3-3 for the Special Civil Part.

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Introduction

In New Jersey, summary judgment timing is generally tied to the motion's return date rather than to a hearing date. Except as otherwise provided by R. 6:3-3 for Special Civil Part motion practice, the moving party must serve and file the notice of motion, statement of material facts, and supporting brief at least 28 calendar days before the return date, and no other papers may be filed without leave of court (N.J. Ct. R. 4:46-1). The opposing party's response, consisting of opposing certifications, briefs, and any cross-motion for summary judgment, must be served and filed not later than 10 calendar days before the return date, and any reply by the moving party is due not later than 4 days before the return date. Because that reply period runs less than 7 days, Saturdays, Sundays, and legal holidays are excluded from the count, while the 28-day and 10-day periods count straight through them (N.J. Ct. R. 4:46-1; N.J. Ct. R. 1:3-1). A party seeking affirmative relief generally cannot move for summary judgment until 35 days have passed since service of the pleading claiming that relief, though a party defending against the claim may move at any time. Every summary judgment motion must be returnable no later than 30 days before the scheduled trial date unless the court orders otherwise for good cause, and if a ruling is not communicated to the parties at least 10 days before trial, an adjournment application must be liberally granted (N.J. Ct. R. 4:46-1). Summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact challenged and that the moving party is entitled to judgment as a matter of law (N.J. Ct. R. 4:46-2(c)). New Jersey's leading case, Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995), directs the motion judge to consider whether the evidence, viewed most favorably to the non-moving party, is sufficient to let a rational factfinder resolve the disputed issue in that party's favor, adopting the reasoning of the federal Celotex, Matsushita, and Liberty Lobby line of cases as an interpretation of Rule 4:46-2, not a rewrite of its genuine issue standard. Rule 4:46-2(a), last amended effective September 1, 2016, requires the moving party to file a statement of material facts in separately numbered paragraphs, each with a citation to the portion of the record establishing it; the opposing party must file a responsive statement admitting or disputing each fact and citing the record for any additional facts it contends are disputed (N.J. Ct. R. 4:46-2(a), (b)). Because summary judgment counts as a dispositive motion, the supporting and opposing briefs may each run up to 65 pages, compared with 40 pages for non-dispositive motions, and a reply brief is limited to 15 pages (N.J. Ct. R. 1:6-5). New Jersey decides most motions, including summary judgment, on the papers: no hearing is scheduled unless a party requests oral argument in the moving, opposing, or reply papers or the court directs it, and a party's request is then granted as of right (N.J. Ct. R. 1:6-2(d)). Rule 4:46-2(c) expressly authorizes partial or interlocutory summary judgment on any issue, including liability, even where a genuine factual dispute remains as to another issue such as the amount of damages, and Rule 4:46-3 lets the court narrow the case for trial when it denies full summary judgment. Summary judgment is technical, and motions are often lost on procedure, such as an incomplete statement of material facts, rather than on the merits. An opposed or unopposed motion is not automatically granted: a non-responding party faces entry of summary judgment only if the court finds it appropriate, and the court must still find no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, though a party who files no timely opposition also loses the right to argue against the motion orally. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers New Jersey state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
New Jersey ties summary judgment deadlines to the motion's return date rather than a hearing date: the motion must be filed and served at least 28 calendar days before the return date, the opposition is due at least 10 calendar days before the return date, and any reply is due at least 4 days before the return date, excluding Saturdays, Sundays, and legal holidays (N.J. Ct. R. 4:46-1; N.J. Ct. R. 1:3-1). Special Civil Part motion practice is carved out to R. 6:3-3.
2
If you were served with a New Jersey summary judgment motion, your opposition is due at least 10 calendar days before the return date printed on the notice of motion, and it must include a responsive statement admitting or disputing each of the movant's facts, plus any additional facts you contend are disputed, each cited to the record (N.J. Ct. R. 4:46-2(b)).
3
A New Jersey summary judgment motion is not automatically granted just because it is unopposed. A non-responding party faces entry of summary judgment only if the court finds it appropriate, and the court must still find no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law (N.J. Ct. R. 4:46-5(a); N.J. Ct. R. 4:46-2(c)).
4
New Jersey decides summary judgment motions on the papers. No hearing is scheduled unless a party requests oral argument in the moving, opposing, or reply papers or the court directs it; a party's request is granted as of right; a motion with no timely opposition is deemed uncontested, and the non-responding party loses the right to argue against it orally (N.J. Ct. R. 1:6-2(d)).
5
A party seeking affirmative relief generally cannot move for summary judgment until 35 days have passed since service of the pleading claiming that relief, though a party defending against the claim may move at any time. Every motion must be returnable no later than 30 days before the scheduled trial date, unless the court orders otherwise for good cause (N.J. Ct. R. 4:46-1).
6
The moving party must file a statement of material facts in separately numbered paragraphs, each with a citation to the record, along with a supporting brief that, because summary judgment is a dispositive motion, may run up to 65 pages rather than the 40-page limit for non-dispositive motions; any reply brief is limited to 15 pages (N.J. Ct. R. 4:46-2(a); N.J. Ct. R. 1:6-5).
7
New Jersey expressly allows partial or interlocutory summary judgment on any issue, including liability, even if a genuine factual dispute remains on another issue such as the amount of damages, and lets the court narrow the case for trial when it denies full summary judgment (N.J. Ct. R. 4:46-2(c); N.J. Ct. R. 4:46-3). A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page.

Key decisions before you file

Before you file a Motion for Summary Judgment in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

DOCKET NO. [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

[NAME OF NEW JERSEY STATE TRIAL COURT]

NOTICE OF MOTION FOR SUMMARY JUDGMENT

TO: [NAME OF OPPOSING PARTY OR COUNSEL OF RECORD]

PLEASE TAKE NOTICE that on [RETURN DATE], [MOVING PARTY NAME] will move before this Court, at [LOCATION OF THE COURT], for an order granting summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] on the ground that there is no genuine issue as to any material fact challenged and that [MOVING PARTY NAME] is entitled to judgment as a matter of law, under N.J. Ct. R. 4:46. [IF APPLICABLE: In the alternative, movant seeks partial or interlocutory summary judgment on the following issue, including the issue of liability, although a genuine factual dispute may remain as to another issue including the amount of damages, under R. 4:46-2(c): DESCRIPTION OF THE ISSUE.]

This motion is based on this Notice of Motion, the accompanying Statement of Material Facts, the Brief in Support, the certifications and evidence filed with this motion, and a Proposed Form of Order noting whether this motion is opposed or unopposed, as required by R. 1:6-2(a). [IF APPLICABLE: Oral argument is requested under R. 1:6-2(d).]

STATEMENT OF MATERIAL FACTS

As required by R. 4:46-2(a), the moving party's statement of material facts is filed as a separate document, in separately numbered paragraphs, each with a citation to the portion of the record establishing the fact.

BRIEF IN SUPPORT

I. PRELIMINARY STATEMENT [SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. STATEMENT OF FACTS [SUMMARY OF THE UNDISPUTED FACTS, WITH REFERENCE TO THE STATEMENT OF MATERIAL FACTS AND SUPPORTING EVIDENCE]

III. LEGAL ARGUMENT The judgment or order sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law. R. 4:46-2(c). [APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS, ELEMENT BY ELEMENT]

IV. CONCLUSION For the foregoing reasons, [MOVING PARTY NAME] respectfully requests that the Court grant this motion and enter judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME].

PARTIAL SUMMARY JUDGMENT IN THE ALTERNATIVE

[IF APPLICABLE: If the Court does not grant summary judgment on the entire action, [MOVING PARTY NAME] requests partial or interlocutory summary judgment on the following issue, including liability if applicable, under R. 4:46-2(c): DESCRIPTION OF THE ISSUE.]

A Proposed Form of Order, indicating whether this motion is opposed or unopposed, is filed with this motion as required by R. 1:6-2(a).

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, STATE ZIP] [PHONE] [EMAIL] [NEW JERSEY ATTORNEY ID NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 28 calendar days before the return date set above, a true and correct copy of this Notice of Motion, Statement of Material Facts, Brief in Support, and supporting certifications was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

New Jersey Requirements for Motion for Summary Judgment

28-Day Motion Filing Deadline Before the Return Date
The moving party must serve and file the notice of motion, statement of material facts, and supporting brief at least 28 calendar days before the return date, and no other papers may be filed without leave of court (N.J. Ct. R. 4:46-1).
10-Day Opposition Deadline Before the Return Date
The opposing party's response, including opposing certifications, briefs, and any cross-motion for summary judgment, must be served and filed not later than 10 calendar days before the return date (N.J. Ct. R. 4:46-1).
4-Day Reply Deadline Excluding Weekends and Holidays
A reply by the moving party is due not later than 4 days before the return date; because that period runs less than 7 days, Saturdays, Sundays, and legal holidays are excluded from the count (N.J. Ct. R. 4:46-1; N.J. Ct. R. 1:3-1).
35-Day Earliest Filing After Service of the Pleading
A party seeking affirmative relief generally cannot move for summary judgment until 35 days have passed since service of the pleading claiming that relief, though a party defending against the claim may move at any time (N.J. Ct. R. 4:46-1).
30-Day Return Date Cutoff Before Trial
Every summary judgment motion must be returnable no later than 30 days before the scheduled trial date unless the court orders otherwise for good cause, and if a ruling is not communicated at least 10 days before trial, an adjournment application must be liberally granted (N.J. Ct. R. 4:46-1).
Statement of Material Facts in Numbered Paragraphs
The moving party must file a statement of material facts in separately numbered paragraphs, each with a citation to the portion of the record establishing it; the motion may be denied without prejudice for failing to file one (N.J. Ct. R. 4:46-2(a)).
Responsive Statement Required From the Opposing Party
The opposition must include a responsive statement admitting or disputing each fact the moving party contends is undisputed, plus any additional material facts the opposing party contends are disputed, each cited to the record (N.J. Ct. R. 4:46-2(b)).
65-Page Brief Limit for a Dispositive Motion
Because summary judgment counts as a dispositive motion, the supporting and opposing briefs may each run up to 65 pages, compared with 40 pages for non-dispositive motions, and a reply brief is limited to 15 pages (N.J. Ct. R. 1:6-5).
Partial or Interlocutory Summary Judgment on Any Issue
Rule 4:46-2(c) authorizes partial or interlocutory summary judgment on any issue, including liability, even where a genuine factual dispute remains as to another issue such as the amount of damages, and Rule 4:46-3 lets the court narrow the case for trial when full summary judgment is denied (N.J. Ct. R. 4:46-2(c); N.J. Ct. R. 4:46-3).

Find out where you stand in New Jersey

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

New Jersey Requirements for Motion for Summary Judgment

28-Day Motion Filing Deadline Before the Return Date

10-Day Opposition Deadline Before the Return Date

4-Day Reply Deadline Excluding Weekends and Holidays

35-Day Earliest Filing After Service of the Pleading

30-Day Return Date Cutoff Before Trial

Statement of Material Facts in Numbered Paragraphs

Responsive Statement Required From the Opposing Party

65-Page Brief Limit for a Dispositive Motion

Partial or Interlocutory Summary Judgment on Any Issue

Frequently Asked Questions