Legal Memorandum: Granting Relief from a Judgment in NJ

Issue: When are the courts in New Jersey required to grant relief from a judgment?

Area of Law: Litigation & Procedure
Keywords: Relief from a judgment; Court's discretion
Jurisdiction: New Jersey
Cited Cases: 67 N.J. 106; 172 N.J. 440
Cited Statutes: N.J. Court Rule 4:50-1; R. 4:50-1(a); R. 4:50-1(f)
Date: 05/01/2004

N.J. Court Rule 4:50-1 TA l "N.J. Court Rule 4:50-1" s "N.J. Court Rule 4:50-1" c 4  provides:

On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment or order for the following reasons:  (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.


The New Jersey Supreme Court has made clear that although a motion under R. 4:50 is left to the sound discretion of the trial court, the trial court’s decision may be reversed if it represents an abuse of discretion.  In re Guardianship of J.N.H., 172 N.J. 440 (2002) TA l "Guardianship of J.N.H., 172 N.J. 440 (2002)" s "Guardianship of J.N.H., 172 N.J. 440 (2002)" c 1 ; […]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)