Rule 5:1-4. Differentiated Case Management in Civil Family Actions
Family cases and divorce cases in New Jersey are governed by the Court Rules set up by the NJ Supreme Court. An attorney involved in divorce and family cases needs to be aware of the current rules.
The following is a portion of the NJ Court Rules which apply to all family cases:
5:1-4. Differentiated Case Management in Civil Family Actions
(a) Case Management Tracks; Standards for Assignment. Except for summary actions, every civil family action shall be assigned, subject to reassignment as provided by paragraph (c) of this rule, to one of the following tracks as follows:
(1) Priority Track. The action shall be assigned to the priority track if it involves contested custody or parenting time issues.
(2) Complex Track. The action shall be assigned to the complex track for judicial management if it appears likely that it will require a disproportionate expenditure of court and litigant resources in preparation for trial and at trial because of the number of parties involved, the number of claims and defenses raised, the legal difficulty of the issues presented, the factual difficulty of the subject matter, the length and complexity of discovery, or a combination of these or other factors.
(3) Expedited Track. The action shall be assigned to the expedited track if it appears that it can be promptly tried with minimal pretrial proceedings, including discovery. Subject to re-assignment as provided by paragraph (c) of this rule, a dissolution action shall be assigned to the expedited track if (A) there is no dispute as to either the income of the parties or the identifiable value of the marital assets and no issue of custody or parenting time has been raised; (B) the parties have been married less than five years and have no children; (C) the parties have entered into a property settlement agreement; or (D) the action is uncontested.
(4) Standard Track. Any action not qualifying for assignment to the priority track, complex track, or expedited track shall be assigned to the standard track.
(b) Procedure for Track Assignment. The Family Presiding Judge or a judge designated by the Family Presiding Judge shall make the track assignment as soon as practicable after all parties have filed Case Information Statements required by R. 5:5-2 or after the case management conference required by R. 5:5-6, whichever is earlier. The track assignment shall not, however, precede the filing of the first responsive pleading in the action. In making the track assignment, due consideration shall be given to an attorney's request for track assignment. If all the attorneys agree on a track assignment, the case shall not be assigned to a different track except for good cause shown and after giving all attorneys the opportunity to be heard, in writing or orally. If it is not clear from an examination of the information provided by the parties which track assignment is most appropriate, the case shall be assigned to the track that affords the greatest degree of management. The parties shall be promptly advised by the court of the track assignment.
(c) Track Reassignment. An action may be reassigned to a track other than that specified in the original notice to the parties either on the court's own motion or on application of a party. Unless the court otherwise directs, such application may be made informally to the Family Presiding Judge or to a judge designated by the Family Presiding Judge and shall state with specificity the reasons therefor.
Conclusion If involved in family court matters, immediately schedule an in-office appointment with an experienced attorney. Don't rely on a real estate attorney, or a family member who simply attended law school. When your future is on the line, hire a knowledgeable attorney.
