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Rule 4:2-1.Form of action

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:2-1 abolishes the old distinction between actions at law and suits in equity, providing that New Jersey civil practice has a single form of proceeding called a “civil action.”

Full Text of Rule 4:2-1

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There shall be one form of action in civil practice to be known as a “civil action”.

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. 4:2.

Plain-English Summary

New Jersey, like the federal courts, merged law and equity into one procedural track. There is no separate “suit in equity” and no special pleading form for one kind of claim over another. Whatever relief you seek — money, an injunction, a declaration — you bring it as a single “civil action.”

The merger is procedural, not substantive. Legal and equitable claims still carry their own standards and remedies, and where a case is heard can still turn on whether the primary relief is legal or equitable. Rule 4:2-1 means you start every civil matter the same way.

Frequently Asked Questions

Is there a separate procedure for equity cases in New Jersey?

No. There is one form of proceeding, the civil action. Equitable and legal claims travel the same procedural route, though the Chancery Division still hears matters whose primary relief is equitable.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:2-1). 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: one form of actioncivil actionmerger of law and equitysingle form of action