Rule 4:11-3.Perpetuation of testimony

Last amended September 10, 1984 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:11-3 makes clear that the pre-action and pending-appeal perpetuation rules do not limit the court's power to entertain an independent action to perpetuate testimony or to order such a deposition in a pending case.

Full Text of Rule 4:11-3

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R. 4:11-1 and R. 4:11-2 do not limit the court’s power to entertain an action to perpetuate testimony or to enter an order in any pending action for the taking of a deposition to perpetuate testimony.

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. 4:17-3. Amended July 26, 1984 to be effective September 10, 1984.

Plain-English Summary

This short rule is a savings clause. The specific procedures of Rules 4:11-1 and 4:11-2 do not cut off other avenues for preserving testimony.

The court retains its power to entertain an action to perpetuate testimony, or to enter an order in any pending action for a deposition to perpetuate testimony, independent of those two rules.

Frequently Asked Questions

Are the perpetuation rules the only way to preserve testimony?

No. Rule 4:11-3 preserves the court’s independent power to entertain an action to perpetuate testimony or to order such a deposition in a pending case, beyond the procedures in Rules 4:11-1 and 4:11-2.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:11-3). 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: power to perpetuate testimonyindependent action to perpetuate