What Your Litigation Track Means in a New Jersey Lawsuit
Key Takeaways for Business Owners
Every civil case in New Jersey is placed on a track early in the process.
Your track number sets the timeline for your case..
Track assignments are based on the Case Information Statement.
You can challenge an incorrect track, but only right away.
Knowing your track helps you plan.
Among the documents you receive when you are sued in New Jersey is a Notice of Track Assignment.
This notice comes from the Superior Court of New Jersey and tells you which litigation track your case has been placed on. Each track sets a different pace for discovery, motion practice, and case management, depending on how complex the court believes the matter is.
Most civil cases filed in the Law Division, Civil Part, of the New Jersey Superior Court are assigned to one of four tracks under Rule 4:5A. (Other divisions, such as General Equity, follow different procedures.)
When you look at that notice, you’ll see your case labeled as Track I, II, III, or IV. Each track signals how quickly your case will move through discovery and court supervision. Here’s what that assignment means and how it shapes what happens next.
What a Litigation Track Is
Think of a litigation track as the court’s scheduling map for your case. When the plaintiff files the lawsuit, the court uses the track system to decide how long discovery will last and how closely the judge will manage it.
Tracks I through IV correspond to different levels of complexity: routine civil matters progress on shorter timelines, while complex business litigation or other large civil disputes may involve extended discovery and additional case management conferences.
In practical terms, the track assigned to your case defines both the pace of litigation and the amount of court supervision you can expect.
How Your Case Was Assigned Its Track
Here’s how the court determines which litigation track your case belongs to:
The plaintiff files a Case Information Statement (CIS) when submitting the complaint. This document identifies the case type, such as a contract claim, personal injury, or business dispute.
Using the information in that CIS, the Superior Court’s automated system classifies the case and assigns it to one of four tracks
Within ten days, the court issues a Notice of Track Assignment and sends it to the plaintiff
The plaintiff must attach that notice to the documents served on you, which is why you can see the track printed on your lawsuit papers.
This standardized procedure allows the court to organize civil matters efficiently, ensuring that cases with similar complexity move through discovery and case management conferences on consistent schedules.
The Four Litigation Tracks and What They Mean for You
Track | Typical Case Type | Discovery Period | What It Means for You |
Track I | Simple cases such as auto accidents or small contract claims | About 150 days | The schedule moves quickly, so begin gathering documents and responding to discovery requests immediately |
Track II | Moderately complex civil cases | About 300 days | You’ll have a bit more time for discovery, but deadlines still arrive fast. Stay proactive to avoid missed responses |
Track III | Complex cases involving multiple parties, expert witnesses, or larger claims | About 450 days | Expect depositions, expert reports, and heavier document exchange. Use the extra time to coordinate with your attorney on a detailed discovery plan |
Track IV | Highly complex commercial, construction, or business disputes | 450 days or more | These cases are judge-managed. Be prepared for case management conferences, longer timelines, and higher litigation costs |
Can You Ask the Court to Change Your Track?
You can ask the New Jersey Superior Court to change your litigation track, but only in very specific circumstances. If your case was assigned to the wrong track, the timelines can create real issues. A case that should have been on Track III or IV might not have enough time for discovery, depositions, or expert reports if it was mistakenly placed on a lower track. The reverse can also happen: a simple case placed on Track III or IV can drag on unnecessarily, increasing legal costs and delaying resolution.
Under Rule 4:5A-2, the court will consider a change only if the track assignment was entered incorrectly or if the claims have fundamentally changed. A request cannot be made simply to extend discovery or buy more time. If you need more time, your attorney must file a motion to extend discovery under Rule 4:24-1 instead. For defendants, any request to change tracks must be made with your first pleading and supported by a certification of good cause.
What to Do Once You Know Your Track
Once you know which litigation track your case has been assigned to in the New Jersey Superior Court, use that information to stay organized and proactive.
Note your discovery end date and all interim deadlines set by the court
Review the plaintiff’s Case Information Statement for accuracy, especially how the case type was described
Meet with your attorney early to create a detailed discovery plan that fits the track’s schedule
Consider settlement timing. Shorter tracks may move quickly toward arbitration or early resolution.
Budget according to the timeline your track implies; Track III or Track IV cases often require expert witnesses and greater preparation costs.
Respond promptly if you believe the track assignment is incorrect or if your case management needs change.
When to Call a New Jersey Litigation Attorney
Once you receive a Notice of Track Assignment from the New Jersey Superior Court, it is important to speak with a New Jersey litigation attorney as soon as possible.
The right counsel can explain what your track assignment means for your case, help you prepare the necessary documents and evidence, and guide you through the next procedural steps.
Final Thoughts
Knowing how litigation tracks work in the New Jersey Superior Court can make the process less daunting. Your track assignment dictates how your case will move through discovery, motion practice, and trial preparation.
Once you understand the schedule, you and your attorney can plan effectively and respond to the court’s expectations with confidence. Next time, we’ll look at litigation holds, a vital part of New Jersey’s discovery rules that ensures evidence is preserved when civil cases or business disputes arise.
Are you wondering about any of the issues mentioned above? Please email us at Info@staturelegal.law or call (732) 320-9831 for assistance.
At Stature Legal, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®
FAQs
How Do I Know Which Litigation Track My Case Is On?
Check the Notice of Track Assignment in your lawsuit papers. It will list your track under the case caption or docket information. This document comes directly from the New Jersey Superior Court, not from the plaintiff or their attorney.
Can My Case Move Faster or Slower Than the Assigned Schedule?
Not unless the court approves a change. Each track in the Law Division, Civil Part has a set discovery period. The only way to alter that timeline is through a court-approved modification, usually supported by a showing of good cause.
What Happens if the Track Assignment Seems Wrong?
If your case appears to be on the wrong track, for example, a complex business dispute placed on a short discovery schedule, your attorney can request a change. The request must be filed promptly, often with your first pleading, and supported by evidence showing that the initial track assignment doesn’t match the case’s complexity.
Does My Track Affect How Much This Lawsuit Will Cost?
Yes. Shorter tracks (I and II) tend to move quickly and limit discovery, which can reduce legal expenses. Longer tracks (III and IV), which often cover complex commercial or construction disputes, involve more discovery, more case management conferences, and higher overall litigation costs.