Rule 5:5-8.Previous File or Record

Last amended September 1, 2006 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:5-8 requires the file from an earlier New Jersey family action between the same parties to be sent to the county trying the current case, and requires a party relying on an out-of-state action to produce the record at trial.

Full Text of Rule 5:5-8

Text sizeJump to: (a) (b)

(a) Previous Action Within State. In every family action where it appears by a pleading that there has been a previous family action in this State between the parties, any party or the court shall request the clerk of the court in which it was instituted to send to the clerk of the county in which the pending action is to be tried the complete file in the previous action or a certified copy thereof. At the conclusion of the action such file shall be returned.

(b) Previous Action Outside State. If it appears that the previous action was in a foreign jurisdiction, the party whose pleading refers thereto, or the moving party if the action is uncontested, shall produce at trial so much of the record in said action as is necessary to enable the court to determine the effect, if any, of the previous action upon the issue before it.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source -- R. (1969) 4:79-6(a) (b). Adopted as R. 5:5-6 December 20, 1983, to be effective December 31, 1983; redesignated as R. 5:5-7 November 5, 1986 to be effective January 1, 1987; redesignated as R. 5:5-8 July 27, 2006 to be effective September 1, 2006.

Plain-English Summary

Where a pleading shows a previous family action in this State between the same parties, a party or the court asks the clerk where it was filed to send the complete file, or a certified copy, to the clerk of the county where the pending case will be tried. The file goes back when the action ends.

Out-of-state history works the other way around. The party whose pleading refers to it — or the moving party if the case is uncontested — must produce enough of the record at trial for the court to judge what effect, if any, the earlier action has on the issue at hand.

Frequently Asked Questions

What happens to the file from our earlier New Jersey case?

A party or the court requests that the clerk of the court where it was filed send the complete file, or a certified copy, to the clerk of the county where the pending action will be tried. It is returned when that action concludes.

What if the earlier case was in another state?

The party whose pleading refers to it, or the moving party in an uncontested case, must produce so much of that record at trial as lets the court determine its effect on the issue before it.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:5-8). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: previous actionprior case fileout of state judgmentearlier family action