Can a trial be scheduled without notice on discovery end?

[Daug_Gladih]

My jurisdiction is: NJ- Civil Part-Supreme Court

This is case of credit card debt in Civil Part, NJ Supreme Court. I have not received from the court the "Notice of Discovery End" and my trial has been scheduled for mid February. Pursuant to R. 4:36-2, the court must send every party a discovery end date notice 60 days prior to the end of the prescribed discovery period. I am still waiting for the plaintiff to answer my written interrogatory. What shall I do in this situation?

 

[dee_dub]

I'm not an expert on NJ civil procedure, but Part 4 of the NJ Rules of Court are titled "RULES GOVERNING CIVIL PRACTICE IN THE SUPERIOR COURT, TAX COURT AND SURROGATE'S COURTS". Are you sure these rules govern your matter?

I suspect you're not actually in NJ Supreme Court (which is the highest level of NJ appellate court), but are in NJ Superior Court, and that Part 4 rules DO apply to you.

When is the end of the prescribed discovery period? You don't want it to pass without having had the opportunity to receive reply to your interrogatory. You should contact the court clerk to inquire why you didn't receive notice and to see if the discovery period can be extended if necessary.