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New Jersey's Offer of Judgment Rule

By Gary L. Riveles and Cyndee L. Allert
December 31, 2013

Part Three of a Three-Part Article

Article 6, '2, '3 of the New Jersey Constitution vests the New Jersey Supreme Court with rule-making power. That paragraph provides:

The Supreme Court shall make rules governing the administration of all courts in the State and. subject to the law, the practice and procedure in all such courts. The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted.

The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere. See General Assembly v. Byrne, 90 N.J. 376, 381-83 (1982). The court has held that “no deviation from the ' separation of powers [doctrine] will be tolerated which impairs the essential integrity of one of the [three] branches of government.” Massett Bldg. Co. v. Bennett, 4 N.J. 53, 57 (1950).

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