Rule Text
Pretrial memoranda shall include the 16 items enumerated in R. 4:25-1(b), set forth in the same sequence and with corresponding numbers, and the following additional items, numbered as indicated:
(17) The date the attorneys for the parties conferred and matters then agreed upon;
(18) A certification that all pretrial discovery has been completed or, in lieu thereof, a statement as to those matters of discovery remaining to be completed;
(19) A statement as to which parties, if any, have not been served and which parties, if any, have defaulted.
Amendment history: Source – R.R. 4:29-3(a)(b)(c)(d)(e). Caption amended, paragraph (b) adopted, and former paragraphs (b), (c) and (d) deleted July 7, 1971 to be effective September 13, 1971; paragraph (b) amended July 14, 1972 to be effective September 5, 1972; caption amended, paragraph (a) deleted and caption of paragraph (b) deleted July 13, 1994 to be effective September 1, 1994.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a case is getting ready for trial, both sides have to prepare a document called a pretrial memo. This rule says what has to go into that document. It must include 16 basic items that are already required under a different rule (4:25-1(b)), listed in the same order and with the same numbers.
On top of those 16 items, this rule adds three more things the lawyers must include. First, they need to say when they met to talk about the case and what they agreed on. Second, they need to confirm that all discovery (the process of exchanging evidence and information) is finished, or explain what discovery still needs to happen. Third, they need to say if any parties in the case haven't been officially served with the lawsuit, or if any parties have defaulted (failed to respond).
The point of this rule is to make sure everyone shows up to the pretrial stage fully prepared. It forces the lawyers to check in with each other, wrap up their evidence gathering, and flag any loose ends before the case moves forward.
