EZRCP · New Jersey · Part 4 - Civil Practice · R. 4:42-2

R. 4:42-2. — Judgment Upon Multiple Claims

New Jersey · Part 4 - Civil Practice

Open on EZRCP

Rule text

a. If an order would be subject to process to enforce a judgment pursuant to R. 4:59 if it were final and if the trial court certifies that there is no just reason for delay of such enforcement, the trial court may direct the entry of final judgment upon fewer than all the claims as to all parties, but only in the following circumstances: (1) upon a complete adjudication of a separate claim; or (2) upon complete adjudication of all the rights and liabilities asserted in the litigation as to any party; or (3) where a partial summary judgment or other order for payment of part of a claim is awarded.

b. In the absence of a direction authorized by paragraph

(a), any order or form of decision which adjudicates fewer than all the claims as to all the parties shall not terminate the action as to any of the claims, and it shall be subject to revision at any time before the entry of final judgment in the sound discretion of the court in the interest of justice. To the extent possible, application for reconsideration shall be made to the trial judge who entered the order.

Notes

Note: Source - R.R. 4:55-2; amended July 16, 1981 to be effective September 14, 1981; amended November 1, 1985 to be effective January 2, 1986; amended November 7, 1988 to be effective January 2, 1989; amended and divided into paragraphs (a) and (b) August 5, 2022 to be effective September 1, 2022.