Have New Jersey state courts tended to follow federal precedent interpreting the federal rules?

Boyle: As a general matter they do, although the New Jersey state court rules are not a mirror image of the federal court rules as in the case of some states. I have not yet seen a reported case that applies Twiqbal in New Jersey. However, the evolution of the summary judgment standard in New Jersey could provide a lead for New Jersey state courts to also follow Twiqbal .

For many years the summary judgment standard in New Jersey was based on a 1954 case ( Judson v. Peoples Bank & Trust Company ). It was considered that the Judson standard was very hard to meet and thus summary judgment was considered difficult to obtain.

In 1995, the New Jersey Supreme Court decided Brill v. Guardian Life Ins. Co.

Of America in which it said it is time to follow the federal standard and that summary judgment should be granted in all appropriate cases. It was an outstanding decision because our Supreme Court expressly adopted the federal Rule 56 standard and followed the triumvirate of three landmark ... more.

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