R. 4:51-4. — Capias; Fraud in Inception of Contract

If defendant in an action on a contract has been held to bail upon the ground of fraud in the inception of the contract, the fact of the fraud may be inquired into at the trial of the action, and if the court then determines from the evidence and certifies on the record that there was no fraud, defendant's bail shall be discharged or defendant shall be released from custody.