At our Spring Luncheon, Chief Justice Rabner joked that he spends 65% of his time judging cases and 65% doing administrative work. The administrative side of the court system is a critical, yet often-overlooked aspect of our legal system.
Right now the court is in the process of making decisions that will greatly impact how businesses are treated when they are a party to a case, and what sort of expert testimony is allowed in New Jersey courtrooms.
Business Litigation
In March, the New Jersey Supreme Court’s Working Group on Business Litigation released its report analyzing the needs of the state’s business community and proposed actions by the court system that could address those needs.
The report recommends that an existing pilot program in the Bergen and Essex vicinages targeting commercial litigation be expanded statewide. The Bergen/Essex Complex Commercial Pilot Program allows the assignment judge in each vicinage to designate a judge with expertise or interest in developing expertise in business or commercial litigation to oversee the resolution of all commercial matters from beginning to end. This approach preserves the state’s unified court system while allowing entities involved in business litigation to have their case in front of an experienced judge. The report also encourages judges in complex commercial cases to publish written opinions that address interesting or novel issues.
Comments on the Advisory Committee’s recommendations are being accepted until June 18. Click here to read the comments NJCJI submitted in support of the recommendations.
Expedited Civil Actions
In April, the New Jersey Supreme Court’s Advisory Committee on Expedited Civil Actions released its recommendations for speeding the resolution of civil actions. The report recommends the court approve a mandatory pilot program for all Track 1 and Track 2 cases (which include property and contract disputes and insurance suits) that focuses on streamlining pre-trial procedures and limiting some in-court proceedings.
Comments on the Advisory Committee’s recommendations are being accepted until June 18. Click here to read the comments NJCJI submitted in support of the recommendations.
Expert Testimony
New Jersey’s rules regarding the admissibility and review of expert testimony have remained unchanged since 1991. In this same period the Federal Rules of Evidence, the Uniform Rules of Evidence, numerous state evidence rules, and our own jurisprudence have all changed to reflect the increased importance and use of expert testimony.
At NJCJI’s request, the New Jersey Supreme Court asked its Committee on the Rules of Evidence to determine if a rule change is needed to bring our state’s rules in line with current trends. If you believe as we do that our state must amend its evidentiary rules if it hopes to keep junk science out of the courtroom and stem the tide of out-of-state plaintiffs flooding into the state, now is the time to speak up.
Comments on this issue can be directed to the chair and co-chair of the committee considering the evidentiary changes:
The Honorable Carmen Messano
Superior Court of NJ
Appellate Division
Brennan Courthouse
3rd Floor
583 Newark Ave.
Jersey City, NJ 07306-2395
And
The Honorable Jamie D. Happas, P.V.Cv.
Middlesex County Courthouse
56 Paterson Street
Chambers 308
New Brunswick, 08903-0964
Click here to see more information about expert opinion evidence in New Jersey.
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