SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-6083-94T2
R H LYTLE CO.,
Plaintiff-Appellant,
v.
SWING-RITE DOOR CO., INC.,
Defendant-Respondent.
___________________________________
Submitted January 30, 1996 - Decided February 20, 1996
Before Judges Michels, Baime and Kimmelman.
On appeal from Superior Court of New
Jersey, Law Division, Special Civil Part,
Middlesex County.
Pressler and Pressler, attorneys for appellant
(Ilona A. Praschak, on the brief).
Michael V. Dowgin, attorney for respondent
(Mr. Dowgin, on the letter-brief).
Richard Eichenbaum, Chair, Special Civil Part
Committee, attorney for amicus curiae
New Jersey State Bar Association (Mr. Eichenbaum,
of counsel and on the brief).
The opinion of the court was delivered by
BAIME, J.A.D.
Plaintiff appeals from the dismissal of its complaint for
failure to appear on the date set for trial. We hold that the
Special Civil Part mistakenly exercised its discretion by denying
plaintiff's request for an adjournment to complete discovery
within the 100 day period allowed by our rules.
The facts are not in dispute. Plaintiff filed a complaint
against defendant alleging that $2,819.84 was due and owing on a
book account. Defendant was served with the summons and
complaint on February 21, 1995, and filed its answer consisting
of a general denial on March 15, 1995. Plaintiff sent
interrogatories and requests for admissions on March 25, 1995.
Defendant reciprocated by sending interrogatories on April 3,
1995. A settlement conference was conducted on April 3, 1995,
and the trial was scheduled for April 27, 1995. On April 21,
1995, plaintiff's attorney advised the clerk of the Special Civil
Part by letter that discovery had not been completed and
requested an adjournment of the trial. Although plaintiff's
attorney received no response to his letter, he did not appear on
the scheduled trial date. Defendant's attorney, who was present
in court, telephoned plaintiff's lawyer, who then contacted the
clerk and renewed his request for an adjournment. The Special
Civil Part judge denied plaintiff's request and dismissed the
complaint without prejudice. This appeal followed.
We decide this case in the following context. The parties
were entitled to discovery as of right because the amount in
controversy exceeded the monetary limit of the Small Claims
Section. R. 6:4-3(f). Pursuant to R. 6:4-3(a), the parties had
the right to serve interrogatories with the understanding that
the time periods provided in R. 4:17-2 and R. 4:17-4 for serving
and answering interrogatories are each reduced to thirty days in
Special Civil Part actions. Under R. 6:4-5, the parties were
required to complete discovery within 100 days of the date of
service of the original complaint. At the time plaintiff
requested an adjournment, it had not yet received defendant's
answers to its interrogatories. Moreover, its answers to
defendant's interrogatories were not due until May 3, 1995, six
days after the scheduled trial date. Further, the 100 day period
for completion of discovery was to expire on June 1, 1995.
Against this backdrop, we are satisfied that the Special
Civil Part mistakenly exercised its discretion when it denied
plaintiff's request for an adjournment. Although R. 6:4-5 has
never been amended, our Supreme Court has approved the practice
of "short calendaring," i.e., scheduling trials within the 100
day period during which discovery must be completed. Notice to
the Bar: Special Civil Part "Short Calendaring",
120 N.J.L.J.
646 (1987). Nevertheless, applications for adjournments based on
the need for discovery within the 100 day period "should be
liberally granted." Ibid. We appreciate the desirability of
expediting the disposition of civil cases. See Connors v. Sexton
Studios, Inc.,
270 N.J. Super. 390, 395 (App. Div. 1994); Audubon
Volunteer Fire Co. No. 1 v. Church Constr. Co.,
206 N.J. Super. 405, 406-07 (App. Div. 1986). Ordinarily, the prompt resolution
of civil disputes serves the parties' interests. Audubon
Volunteer Fire Co. No. 1 v. Church Constr. Co., 206 N.J. Super.
at 406-07. However, swift justice demands more than the rapid
disposition of cases. Henderson v. Bannan,
256 F.2d 363, 390
(6th Cir.) (Stewart, J., dissenting), cert. denied,
358 U.S. 890,
79 S.Ct. 129,
3 L.Ed.2d 118 (1958). The prompt disposition of
cases is an important value, but it is not the end in itself of
judicial administration. It is only one method by which we seek
to achieve the ultimate goal of our court system - the fair
resolution of controversies and disputes. That is the purpose
for which we as judges hold office.
We quickly add that we do not condone the conduct of
plaintiff's attorney. Clearly, plaintiff's lawyer should not
have relied upon his written request for an adjournment, to which
he had received no response. Counsel should have appeared on the
scheduled trial date to renew his request.
The order of dismissal is reversed and the matter is
remanded to the Special Civil Part for trial.