New Jersey Statutes Annotated
New Jersey Rules of Court
Part I. Rules of General Application
Chapter I. Procedure

R. 1:1-1

Applicability; Scope

Unless otherwise stated, the rules in Part I are applicable to the Supreme Court, the Superior Court, the Tax Court, the surrogate’s courts, and the municipal courts.

Credits
Note: Amended November 22, 1978 to be effective December 7, 1978; amended June 20, 1979 to be effective July 1, 1979; amended December 20, 1983 to be effective December 31, 1983.

R. 1:1-1, NJ R GEN APPLICATION R. 1:1-1
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.


R. 1:1-2

Construction and Relaxation; References to Marriage, Spouse and Related Terms

(a) The rules in Part I through Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed with by the court in which the action is pending if adherence to it would result in an injustice. In the absence of rule, the court may proceed in any manner compatible with these purposes and, in civil cases, consistent with the case management/trial management guidelines set forth in Appendix XX of these rules.

(b) As used in Part I through Part VIII of these rules and appendices, references to “marriage,” “husband,” “wife,” “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” “widow,” “widower,” “widowed,” or another word that in a specific context denotes a marital or spousal relationship shall include a civil union, as established by N.J.S.A. 37:1-28 to -36, and a domestic partnership, as established by N.J.S.A. 26:8A-1 to -13, and the persons in those relationships.

Credits
Note: Source--R.R. 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2, 8:1-2. Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective September 5, 2000; caption amended, former text designated as paragraph (a), and new paragraph (b) adopted July 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 21, 2011 to be effective September 1, 2011.

R. 1:1-2, NJ R GEN APPLICATION R. 1:1-2
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.


R. 1:1-3

Citation of Rules

These rules shall be referred to as “N.J. Court Rules, 1969” and may be cited as, e.g., “R. 1:1-3.”

Credits
Note: Source--R.R. 1:1-10(a).

R. 1:1-3, NJ R GEN APPLICATION R. 1:1-3
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.


R. 1:4-4

Affidavits

(a) Form. Every affidavit shall run in the first person and be divided into numbered paragraphs as in pleadings. The caption shall include a designation of the particular proceeding the affidavit supports or opposes and the original date, if any, fixed for hearing. Ex parte affidavits may be taken outside the State by a person authorized to take depositions under R. 4:12-2 and R. 4:12-3.

(b) Certification in Lieu of Oath. In lieu of the affidavit, oath or verification required by these rules, the affiant may submit the following certification which shall be dated and immediately precede the affiant’s signature: “I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.”

(c) Requirement for Original Signature. Every affidavit or certification shall be filed with an original signature, except that a copy of an affidavit or certification may be filed instead, provided that the affiant signs a document that is sent by facsimile or in Portable Document Format (PDF), or similar format by the affiant and provided that the attorney or party filing the copy of the affidavit or certification files the original document if requested by the court or a party.

Credits
Note: Source--R.R. 1:27F, 4:10-4; paragraph (c) adopted June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) caption and text amended July 22, 2014 to be effective September 1, 2014.

R. 1:4-4, NJ R GEN APPLICATION R. 1:4-4
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.


R. 1:4-5

Signing and Dating of Pleadings; Motions

Pleadings (other than indictments), motions and briefs shall be signed by the attorney of record or the attorney’s associate or by a pro se party. Signatures of a firm may be typed, followed by the signature of an attorney of the firm. Signatures on any duplicate original or carbon copy required to be filed may be typed. Every paper to be filed shall bear the date on which it was signed.

Credits
Note: Source--R.R. 4:5-6(a) (third sentence), 4:7-2(b), 4:11 (first three sentences); caption and text amended to be effective September 11, 1978; amended July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to be effective September 1, 1994.

R. 1:4-5, NJ R GEN APPLICATION R. 1:4-5
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.


Typewritten Names

Names shall be typed or stamped beneath all signatures on papers to be filed or served.

Credits
Note: Source--R.R. 4:5-9.

R. 1:4-6, NJ R GEN APPLICATION R. 1:4-6
New Jersey rules are current with amendments received through August 15, 2016. New Jersey directives are current with amendments received through August 15, 2016.

R. 1:4-6