If an appeal has been taken from a trial court judgment or before the taking of such an appeal if the time therefor has not expired, the trial court, on motion, may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further trial court proceedings. The motion shall show the names and addresses of the persons to be examined, the substance of the testimony which is expected to be elicited from each, and the reasons for perpetuating their testimony. If the court finds that perpetuation of the testimony may prevent a failure or delay of justice, it may make an order allowing the depositions to be taken and may make such orders as are provided for by R. 4:18-1 and R. 4:19. Depositions so taken may be used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the court.
Rule 4:11-2.Pending appeal
Last amended September 13, 1971 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:11-2 allows the trial court, on motion, to permit depositions to perpetuate testimony for use in the event of further trial-court proceedings after an appeal is taken or before the time to appeal expires.
Full Text of Rule 4:11-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:17-2. Amended July 7, 1971 to be effective September 13, 1971.
Plain-English Summary
An appeal can send a case back for more proceedings, and witnesses may not keep. This rule lets the trial court, on motion, allow depositions to perpetuate testimony once an appeal has been taken, or before it is taken if the time to appeal has not expired.
The motion identifies the witnesses, the expected testimony, and the reasons to perpetuate it. If the court finds perpetuation may prevent a failure or delay of justice, it may order the depositions, which are then usable on the same terms as depositions taken in a pending action.
Frequently Asked Questions
Can testimony be preserved while a case is on appeal?
Yes. On motion, the trial court may allow depositions to perpetuate testimony for use in further trial-court proceedings after an appeal is taken or before the time to appeal has expired.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:11-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: perpetuation pending appealdeposition pending appealpreserve testimony on appeal