Appellate Division Clarifies Discovery Extension Standards After Kronfeld v. Malone

The Appellate Division has resolved an important question for New Jersey civil litigants: What standard applies when a party seeks additional time for discovery after a judge has already set an arbitration or trial date?

In Kronfeld v. Malone, the court clarified and narrowed the rule first addressed in Hollywood Café Diner, Inc. v. Jaffee, confirming that once a judge sets a date by order, the stricter exceptional circumstances standard applies.

From “Good Cause” to “Exceptional Circumstances”

Under Rule 4:24-1(c), the standard for extending discovery turns on timing and case posture.
Hollywood Café held that good cause applies when a motion is filed before discovery closes, even if arbitration or trial dates are on the calendar. But that case involved administratively scheduled dates, not dates specifically ordered by the court, leaving ambiguity.

Kronfeld resolves that ambiguity:

If the trial or arbitration date appears in a judicial order, any request to extend discovery requires a showing of exceptional circumstances, even if discovery has not yet expired.

What Happened in Kronfeld

Kronfeld involved a plaintiff seeking an eighth discovery extension in a legal malpractice action. The trial court denied the request, noting that:

  • A trial date had already been set by order,
  • The discovery end date had passed, and
  • The court had previously warned that no further extensions would be granted.

The Appellate Division affirmed. Because the trial date was set by the judge, not administrative staff, the exceptional circumstances standard governed, and the plaintiff’s reasons did not meet that high bar.

Practical Implications for Litigators and Insurers

Kronfeld sends a clear message: once the court sets a trial or arbitration date, extensions become significantly harder to obtain. Routine delays such as difficulty obtaining records, scheduling issues, or late cooperation, generally will not qualify as exceptional circumstances.

Attorneys should:

  • Front-load discovery and move early on essential records and depositions,
  • Closely monitor court-ordered dates, and
  • Address anticipated delays before a judge sets a trial or arbitration date.

The decision also cautions judges to avoid setting dates prematurely, as doing so can unintentionally limit flexibility later in the case.

Conclusion

Kronfeld v. Malone brings needed clarity and effectively narrows Hollywood Café:

Once a trial or arbitration date is set by judicial order, parties must meet the exceptional-circumstances standard to extend discovery, regardless of how much time remains.

The ruling reinforces the courts’ focus on disciplined case management and signals that serial discovery extensions will face heightened scrutiny.

If you have any questions about the information in this post or if you would like to learn more on this topic, you can contact Joseph Leone at jleone@hoaglandlongo.com or call 732-545-4717.

SUBSCRIBE