Commercial Litigation Update

The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year. Several of the amendments will be of particular interest to civil litigators.

Rule 1:5-2 – Manner of Service

Rule 1:5-2, which governs the service of papers upon attorneys of record, may now be made by email “to the email addresses listed on an approved electronic court system pursuant to Rule 1:32-2A(a).” While many practitioners have likely followed this practice in their cases and agreed amongst themselves to accept service of routine documents such as discovery requests and responses via email, the amendment to Rule 1:5-2 makes clear that no such agreement is necessary. As the Supreme Court Civil Practice Committee observed in its January 2024 report (the “Civil Practice Committee Report”), “[s]ince the COVID-19 pandemic, practitioners reported having experienced an increase in electronic service of motions and discovery demands, generating the need for a rule amendment to formalize the practice.” This new service-by-email rule applies to all papers referred to in Rule 1:5-1, namely “orders, judgments, pleadings subsequent to the original complaint, written motions (not made ex parte), briefs, appendices, petitions and other papers except a judgment signed by the clerk.”