Rule 4:35 – Trial by Jury or by the Court

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:35-1. Demand for Jury Trial(a) Demand; Time; Manner. Except as otherwise provided by R. 4:67-5 (summary actions), any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing not...

Rule 4:34 – Substitution of Parties

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:34-1. Death(a) Party Survivors. In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving...

Rule 4:33 – Intervention

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:33-1. Intervention as of RightUpon timely application anyone shall be permitted to intervene in an action if the applicant claims an interest relating to the property or transaction which is the subject of the action and is so situated that the disposition of...

Rule 4:32 – Class Actions

by | May 14, 2021 | Civil Procedure, New Jersey

Rule 4:32-1. Requirements for Maintaining Class Action(a) General Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is...

Rule 4:31 – Interpleader

by | May 14, 2021 | Civil Procedure, New Jersey

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the...

Rule 4:30A – Entire Controversy Doctrine

by | May 14, 2021 | Civil Procedure, New Jersey

Non-joinder of claims required to be joined by the entire controversy doctrine shall result in the preclusion of the omitted claims to the extent required by the entire controversy doctrine, except as otherwise provided by R. 4:64-5 (foreclosure actions) and R....