R. 4:3-1. — Divisions of Court; Commencement and Transfer of Actions

a. Where Instituted.

1. Chancery Division-General Equity. Actions in which the plaintiff’s primary right or the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs (2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief.

2. Chancery Division-Probate Part. All actions pursuant to R. 4:83 et seq. shall be filed and heard in the Chancery Division, Probate Part.

3. Chancery Division-Family Part. All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Actions cognizable in the Family Part shall include all actions and proceedings referenced in Part V of these rules, unless otherwise provided in subparagraph (a)(4) of this rule; all actions and proceedings formerly cognizable in the juvenile and domestic relations court; and all other actions and proceedings unique to and arising out of a family or family-type relationship.

4. Specific Case Types. The following types of cases shall be filed and heard in the Division and Part as specified:

a. Name Change. Actions seeking to change the name of an adult and/or minor shall be filed and heard in accordance with applicable provisions of R. 4:72.

b. Partition. Notwithstanding a family or family- type relationship, if partition is the only relief sought, the matter shall be filed and heard in the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

c. Enforcement of Judgments. Except as otherwise provided in the court rules, all motions or applications to modify or enforce a judgment, regardless of the relief sought, shall be filed and heard in the Division and Part where the judgment was entered.

d. Parenting Time/Visitation. All parenting time/visitation issues relating to minors shall be filed and heard in the Chancery Division, Family Part. Parenting time/visitation issues related to adults shall be filed and heard in the Chancery Division, General Equity, except that actions seeking visitation of adjudicated incapacitated adults shall be filed and heard in the Chancery Division, Probate Part.

e. Personal Possessions. If ownership interest or monetary damages pertaining to personal property, including pets, is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part or Law Division, Special Civil Part. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

f. Ejectment. If ownership interest or monetary damages pertaining to an ejectment is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part, the Law Division, Special Civil Part, or the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

g. Requests for Transcripts of Closed Family Court Proceedings Made in a Civil Action. Where, in a Civil action, a request is made for a transcript of a Chancery Division, Family Part proceeding deemed closed by court rules, court order or statute, an application shall be filed and heard in the Law Division, Civil Part to determine the disclosure of the Family Part transcript and to establish whether any conditions should be attached to the provision of the transcript. The parties to the Family Part matter shall be provided notice of the application.

h. Birth Certificates and Marriage Certificates. Applications seeking to alter the name of a parent on a birth certificate shall be filed and heard in the Chancery Division, Family Part if the application is filed on behalf of a minor. Applications for issuance of a vital record in cases in which the Bureau of Vital Statistics declines to act, such as a request for a delayed certificate of birth, shall be filed in the Law Division, Civil Part as an action in lieu of prerogative writ. If the county of venue is unknown, then application may be made to the Civil Division in Mercer County on the basis of convenience to the State Registrar. Otherwise, the action in lieu of prerogative writ shall be filed in the county where the birth or marriage took place.

i. Post-Judgment Relief Relating to Incapacitated Adult Child of Parents Subject to Family Part Order. An action seeking to modify or enforce the terms of a Chancery Division, Family Part order addressing custody and/or parenting time/visitation of an unemancipated minor child who was later adjudicated incapacitated as defined in N.J.S.A. 3B:1-2 after reaching age 18, shall be filed and heard in the Chancery Division, Probate Part. An action seeking continuation, modification, or enforcement of child support for such a child beyond the age of 23 with a severe physical or mental incapacity that causes the child to be financially dependent on a parent as set forth in N.J.S.A. 2A:17-56.67 shall be filed and heard in the Chancery Division, Family Part pursuant to R. 5:6-9(g).

5. Law Division. All actions in the Superior Court except those encompassed by subparagraphs (1), (2), (3), and (4) herein shall be filed and heard in the Law Division, Civil Part or the Law Division, Special Civil Part.

b. Transfer Between Law and Chancery Division. A motion to transfer an action from one trial division of the Superior Court or part thereof to another, except those actions governed by Part VI of these rules, shall be made within 10 days after expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date if the action is pending in the Law Division. Unless so made, objections to the trial of the action in the division specified in the complaint are waived, but the court on its own motion may thereafter order such a transfer. Actions transferred shall not be retransferred. The order of transfer shall be filed in triplicate.