- a0310-24.pdf
- a2015-23.pdf
- a2626-23.pdf
- a4143-23.pdf
- a0670-24.pdf
- Municipal Courts, August 2025
- 4:21A-4-Conduct of Hearing 4:21A-4, Prehearing Submissions., At least 10 days prior to the scheduled hearing each party shall exchange a concise statement of the factual and legal issues, in the form set forth in Appendix XXII-A or XXII-B to these rules, and may exchange relevant documentary evidence. Arbitration statements shall not exceed five pages, with exhibits not to exceed 35 pages. A copy of all documents exchanged shall be submitted to the arbitrator for review on the day of the hearing. , Powers of Arbitrator., The arbitrator shall have the power to issue subpoenas to compel the appearance of witnesses before the panel, to compel production of relevant documentary evidence, to administer oaths and affirmations, to determine the law and facts of the case, and generally to exercise the powers of a court in the management and conduct of the hearing. , Evidence., The arbitrator shall admit all relevant evidence and shall not be bound by the rules of evidence. In lieu of oral testimony, the arbitrator may accept affidavits of witnesses; interrogatories or deposition transcripts; and bills and reports of hospitals, treating medical personnel and other experts provided the party offering the documents shall have made them available to all other parties at least one week prior to the hearing. In the discretion of the arbitrator, police reports, weather reports, wage loss certifications and other documents of generally accepted reliability may be accepted without formal proof. , General Provisions for Hearing., Arbitration hearings shall be conducted in court facilities and no verbatim record shall be made thereof. Witness fees shall be paid as provided for trials in the Superior Court. , Subsequent Use of Proceedings., The arbitrator's findings of fact and conclusions of law shall not be evidential in any subsequent trial de novo, nor shall any testimony given at the arbitration hearing be used for any purpose at such subsequent trial. Nor may the arbitrator be called as a witness in any such subsequent trial. , Failure to Appear., An appearance on behalf of each party is required at the arbitration hearing. If the party claiming damages does not appear, that party’s pleading shall be dismissed. If a party defending against a claim of damages does not appear, that party’s pleading shall be stricken, the arbitration shall proceed and the non-appearing party shall be deemed to have waived the right to demand a trial de novo. A party obtaining the arbitration award against the non-appearing party shall serve a copy of the arbitration award within 10 days of receipt of the arbitration award from the court pursuant to R. 4:21A-5. Service shall be upon counsel of record, or, if not represented, upon such non-appearing party. Service shall be made as set forth in R. 4:21A- 9(c). Relief from any order entered pursuant to this rule shall be granted only on motion showing good cause, which motion shall be filed within 20 days of the date of service on the non-appearing party by the appearing party. Relief shall be on such terms as the court may deem appropriate, including litigation expenses and attorney's fees incurred for services directly related to the non-appearance., Note:, Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a) and (b) amended, and new paragraph (f) adopted July 5, 2000 to be effective September 5, 2000; paragraph (f) amended July 23, 2010 to be effective September 1, 2010; paragraph (f) amended August 1, 2016 to be effective September 1, 2016; paragraph (a) amended June 24, 2025to be effective July 1, 2025 Part 4
- 4:21A-6-Entry of Judgment; Trial De Novo 4:21A-6, Appealability., The decision and award of the arbitrator shall not be subject to appeal. , Dismissal., An order shall be entered dismissing the action following the filing of the arbitrator’s award in the court’s electronic filing system unless: within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo and pays a trial de novo fee as set forth in paragraph (c) of this rule; or within 50 days after the filing of the arbitration award, the parties submit a consent order to the court detailing the terms of settlement and providing for dismissal of the action or for entry of judgment; or within 50 days after the filing of the arbitration award, any party moves for confirmation of the arbitration award and entry of judgment thereon. The judgment of confirmation shall include prejudgment interest pursuant to R. 4:42-11(b). , Trial De Novo., An action in which a timely trial de novo has been demanded by any party shall be returned, as to all parties, to the trial calendar for disposition. A trial de novo shall be scheduled to occur within 90 days after the filing and service of the request therefor. A party demanding a trial de novo must submit with the trial de novo request a fee in the amount of $265 towards the arbitrator’s fee and may be liable to pay the reasonable costs, including attorney’s fees, incurred after rejection of the award by those parties not demanding a trial de novo. Reasonable costs shall be awarded on motion supported by detailed certifications subject to the following limitations: If a monetary award has been rejected, no costs shall be awarded if the party demanding the trial de novo has obtained a verdict at least 20 percent more favorable than the award. If the rejected arbitration award denied money damages, no costs shall be awarded if the party demanding the trial de novo has obtained a verdict of at least $250. The award of attorney's fees shall not exceed $750 in total nor $250 per day. Compensation for witness costs, including expert witnesses, shall not exceed $500. If the court in its discretion is satisfied that an award of reasonable costs will result in substantial economic hardship, it may deny an application for costs or award reduced costs. , Attorney Fees., In all actions where by statute or otherwise an award of attorney fees is allowed, all such issues are reserved for court resolution unless the parties otherwise agree to submit a fee demand to the arbitrator. In all cases in which attorney fees are sought, the party seeking attorney fees must comply with the provisions of R. 4:42-9(b)., Note:, November 1, 1985 to be effective January 2, 1986; paragraph (c) amended November 5, 1986 to be effective January 1, 1987; paragraphs (b)(1) and (c) amended November 2, 1987 to be effective January 1, 1988; paragraph (c)(5) amended November 7, 1988 to be effective January 2, 1989; paragraphs (b)(1) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (c) amended May 3, 1994 to be effective July 1, 1994; paragraph (b)(1) amended July 10, 1998 to be effective September 1, 1998; paragraphs (b) and (c) amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended June 7, 2005 to be effective immediately; new paragraph (d) adopted July 19, 2012 to be effective September 4, 2012; paragraph (c) amended May 30, 2017 to be effective immediately; paragraph (b) amended July 15, 2024 to be effective September 1, 2024; new subparagraph (b)(2) added, former subparagraphs (b)(2) and (3) redesignated, paragraph (c) amended, and official comment adopted June 24, 2025 to be effective July 1, 2025; paragraph (b)(2) deleted, subparagraphs (b)(3) and (b)(4) redesignated as (b)(2) and (b)(3), paragraph (c) amended, and official comment deleted July 31, 2025 to be effective September 1, 2025. Part 4
- 4:25-8-Motions in Limine 4:25-8, Definition; Procedures; Timeframes., , Definition., In general terms and subject to particular circumstances of a given claim or defense, a motion in limine is defined as an application returnable at trial for a ruling regarding the conduct of the trial, including admissibility of evidence, which motion, if granted, would not have a dispositive impact on a litigant’s case. A dispositive motion falling outside the purview of this rule would include, but not be limited to, an application to bar an expert’s testimony in a matter in which such testimony is required as a matter of law to sustain a party’s burden of proof. A motion in limine shall be part of the pretrial exchange under R. 4:25-7(b). As a result, the filing of such motions shall not trigger any filing fee. , Motion Deadlines., Unless otherwise ordered or permitted by the court, the parties shall submit, serve and respond to all motions in limine for which pretrial rulings are sought pursuant to the timeframes found under R. 4:25-7(b) and paragraph 4 of Appendix XXIII (“Pretrial Information Exchange”). Such motions shall be attached as exhibits to the pretrial exchange. , Briefs., To the extent practicable, each motion in limine shall embrace one issue. The respective briefs of the movant and respondent shall comply with the line and type-point requirements of R. 1:6-5, except that the page limitation shall be five pages, exclusive of any tables of contents or authorities. No reply briefs by movant shall be permitted unless requested by the court. If more than one motion is submitted, the collective page limit for all motions by a single party shall not exceed 50 pages, exclusive of any tables of contents or authorities. A party may apply to the court to submit an over-length brief or seek relief from the collective page limit in the same manner described under R. 1:6-5. , Rulings., The court shall rule on all motions submitted under this rule in a timely manner based on the issue raised in the particular motion. In the event the motion is not decided before opening statements, the court shall direct the litigants on whether or to what extent they may refer to the disputed evidence or other issue raised in the motion in the opening statements or otherwise, until such time as the motion is decided. , Non-compliance., Motions not submitted in accordance with paragraph (a) (2) need not be decided pursuant to paragraph (a)(4), unless good cause is shown for the non-compliance, with an opportunity for any party opposing the late submission to be heard. Good cause may include but not be limited to the circumstance under which a party receives information as part of the pretrial exchange and such information forms a good faith basis regarding the admissibility of evidence. , Preservation of rights., The failure to submit a motion in limine under this rule shall not preclude a party from seeking to admit evidence, or objecting to the admission of evidence, during trial. , Preservation of rulings., A trial court’s ruling on a motion in limine shall not preclude the court from reconsidering or modifying that ruling, sua sponte or at the request of a party, based on later developments at trial., Note:, New Rule 4:25-8 adopted July 31, 2020 to be effective September 1, 2020. Part 4
- 4:28-1-Joinder of Persons Needed for Just Adjudication 4:28-1, Persons to Be Joined if Feasible., A person who is subject to service of process shall be joined as a party to the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest in the subject of the action and is so situated that the disposition of the action in the person's absence may either (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or other inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant. , Disposition by Court if Joinder Not Feasible., If a person should be joined pursuant to R. 4:28-1(a) but cannot be served with process, the court shall determine whether it is appropriate for the action to proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, the extent to which a judgment rendered in the person's absence might be prejudicial to that person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder. , Pleading as to Non-joinder., A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons described in R. 4:28-1(a) who are not joined and the reason why they are omitted. , Party Refusing to Join as Plaintiff., If a party who should be a plaintiff is joined in the complaint as a defendant, it shall state the reason therefor. , Applicability; Exceptions., This rule is applicable to the personal representatives of a deceased person described by R. 4:28-1(a). This rule is, furthermore, subject to the provisions of R. 4:32 (class actions). , Note:, Source-R.R. 4:32-1, 4:32-3, 4:32-4, 4:32-5; paragraphs (a) and (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (e) amended July 10, 1998 to be effective September 1, 1998. Part 4
- 4:26-3-Virtual Representation of Future Interest 4:26-3, Representation by Presumptive Taker., In an action affecting property in which any person in being or unborn has or may have a future interest other than a life or lesser estate, or where it is not known or is difficult to ascertain who is the person or class having such interest, it shall be necessary to join as parties to the action only the person or persons who would be entitled to such property if the event or contingency terminating all present estates and successive life or lesser estates therein had occurred on the date of the commencement of the action, and the judgment entered therein shall be binding upon all persons, whether in being or not, who may claim the future interest in the property, unless it shall affirmatively appear in the action that there exists a conflict of interest between the persons so joined and the persons not joined. Should such conflict exist, the court may, in its discretion, appoint from among the persons then next entitled upon the occurrence of the event or contingency, one person to represent all persons (whether in being or not) who may claim any future interest in the property. , Representation by Donee of Power of Appointment., Where a party to an action is the donee of a power of appointment of any type, it shall not be necessary to join the potential or permissible appointees of the power or takers in default, and the judgment entered therein shall be binding upon the appointees, unless it shall affirmatively appear in the action that there exists a conflict of interest between the donee of the power and the appointees. , Representation by Other Parties or Guardians., In an action in which the interests of a person not in being are or may be affected or in which it is not known or is difficult to ascertain who is the person or class affected thereby and as to which paragraphs (a) and (b) are inapplicable because of the lack of a representative as therein described or because of the nature of the interest involved, the court, in its discretion, may appoint a party to the action to represent such persons, and the judgment entered therein shall be binding upon the persons so represented. If, however, it shall appear that no party to the action adequately represents the interests of such persons, the court shall appoint a guardian ad litem to represent them. , Joinder of Additional Parties., Notwithstanding paragraphs (a), (b) and (c) hereof, the court, in its discretion, may require the joinder of additional persons., Note:, Source-R.R. 4:30-3. Paragraph (b) amended July 14, 1992 to be effective September 1, 1992. Part 4
- 4:26-4-Fictitious Names; In Personam Actions 4:26-4 In any action, irrespective of the amount in controversy, other than an action governed by R. 4:4-5 (affecting specific property or a res), if the defendant's true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient for identification. Plaintiff shall on motion, prior to judgment, amend the complaint to state defendant's true name, such motion to be accompanied by an affidavit stating the manner in which that information was obtained. If, however, defendant acknowledges his or her true name by written appearance or orally in open court, the complaint may be amended without notice and affidavit. No final judgment shall be entered against a person designated by a fictitious name., Note:, Source-R.R. 7:4-5 (first paragraph); amended July 15, 1982 to be effective September 13, 1982; amended July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:26-6-Initials or Contractions of First Name or Names; Effect on Filing of Complaints; Entry of Judgment; Notice or Certificate of Indebtedness 4:26-6 Actions may be instituted against defendants designated by an initial letter or letters or a contraction of a given first name or names. Neither final judgment nor notice or certificate of indebtedness shall, however, be entered or filed against a defendant so designated unless either the defendant has been designated as provided by R. 4:26-5 or the plaintiff amends the complaint to state at least one full given name of the defendant or the court otherwise orders., Note:, Source-R.R. 7.4-5 (second paragraph). Amended July 7, 1971 to be effective September 3, 1971; caption and text amended July 24, 1978 to be effective September 11, 1978. Part 4
- 4:27-2-Joinder of Remedies; Fraudulent Conveyances 4:27-2 Except as provided by N.J.S. 2A:50-2 and 2A:50-22 (debt secured by mortgage) and except as otherwise provided by R. 4:7-5 (mandatory crossclaims), if a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, then the 2 claims may be joined in a single action, but the court shall grant relief therein only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to plaintiff, without first having obtained a judgment establishing the claim for money., Note:, Source-R.R. 4:31-2. Amended July 14, 1972 to be effective September 5, 1972; amended July 16, 1979 to be effective September 10, 1979; amended July 15, 1982 to be effective September 13, 1982; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:27-1-Joinder of Claims 4:27-1 Subject to R. 4:30A (entire controversy doctrine), the plaintiff in the complaint or in an answer to a counterclaim denominated as such and the defendant in an answer setting forth a counterclaim may join, either as independent or as alternate claims, as many claims, either legal or equitable or both, as he or she may have against an opposing party. There may be a like joinder of claims when there are multiple parties if the requirements of R. 4:28 (joinder of parties), R. 4:29 (joinder of multiple parties), and R. 4:31 (interpleader) are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of R. 4:7 (counterclaim and cross-claim) and R. 4:8 (third-party practice) respectively are satisfied., Note:, Source-R.R. 4:31-1. Paragraph designations and paragraph (b) adopted July 16, 1979 to be effective September 10, 1979; caption of paragraph (a) deleted, paragraph (a) amended, and paragraph (b) deleted June 29, 1990 to be effective September 4, 1990. Part 4
- 4:26-7-Public Officers 4:26-7 A public officer suing or being sued in an official capacity may be described by the official title without the use of the officer's name., Note:, Amended July 13, 1994 to be effective September 1, 1994. Part 4
- Registry of Interpreting Resources
- Mediator Mentors For Civil Roster Applicants
- IHC Ineligible List
- 3:21-10-Reduction or Change of Sentence 3:21-10, Time., Except as provided in paragraph (b) hereof, a motion to reduce or change a sentence shall be filed not later than 60 days after the date of the judgment of conviction. The court may reduce or change a sentence, either on motion or on its own initiative, by order entered within 75 days from the date of the judgment of conviction and not thereafter. , Exceptions., A motion may be filed and an order may be entered at any time (1) changing a custodial sentence to permit entry of the defendant into a custodial or non-custodial treatment or rehabilitation program for drug or alcohol abuse, or (2) amending a custodial sentence to permit the release of a defendant because of illness or infirmity of the defendant, or (3) changing a sentence for good cause shown upon the joint application of the defendant and prosecuting attorney, or (4) changing a sentence as authorized by the Code of Criminal Justice, or (5) correcting a sentence not authorized by law including the Code of Criminal Justice, or (6) changing a custodial sentence to permit entry into the Intensive Supervision Program, or (7) changing or reducing a sentence when a prior conviction has been reversed on appeal or vacated by collateral attack. , Procedure., A motion filed pursuant to paragraph (b) hereof shall be accompanied by supporting affidavits and such other documents and papers as set forth the basis for the relief sought. A hearing need not be conducted on a motion filed under paragraph (b) hereof unless the court, after review of the material submitted with the motion papers, concludes that a hearing is required in the interest of justice. All changes of sentence shall be made in open court upon notice to the defendant and the prosecutor. An appropriate order setting forth the revised sentence and specifying the change made and the reasons therefor shall be entered on the record. On any motion filed pursuant to this rule, upon a showing of good cause, the court may assign the Office of the Public Defender to represent the defendant. , Consideration During Appeal., Notwithstanding R. 2:9-1(a), the trial court may reconsider a sentence pursuant to this Rule during the pendency of an appeal upon notice to the Appellate Division. , Intensive Supervision., Motions for change of custodial sentence and entry into the Intensive Supervision Program, as provided for in paragraph (b) of this rule, shall be addressed entirely to the sound discretion of the two-judge panel assigned to hear them. Because of the nature of the program, there shall be no administrative or judicial review at the several levels of eligibility established under the program. No further appellate review of the panel's substantive decision shall be afforded. The two-judge panel shall have the authority to resentence offenders, in accordance with applicable statutes, in the event they fail to perform satisfactorily following entry into the program., Note:, Source-R.R. 3:7-13(a)(b); paragraph (b) amended and redesignated as (c) and new paragraph (b) adopted July 17, 1975 to be effective September 8, 1975; paragraph (b) amended August 28, 1979 to be effective September 1, 1979; new paragraph (d) adopted July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (b) amended and paragraph (e) adopted July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July 13, 1994 to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (e) amended October 3, 2018 to be effective immediately. Part 3