If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees. The court shall make the order unless it finds that
Rule 4:23-3.Expenses on failure to admit
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:23-3 lets a party who proves a matter another party refused to admit recover the reasonable expenses of that proof, including attorney's fees, unless the request was objectionable, the matter was unimportant, or there was reasonable ground not to admit.
Full Text of Rule 4:23-3
(b) The admission sought was of no substantial importance, or
(c) The party failing to admit had reasonable ground for not making the admission.
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. 4:27-3. Former rule deleted and new R. 4:23-3 adopted July 14, 1972 to be effective September 5, 1972; introductory paragraph; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Refusing to admit something that later proves true has a price. If a party fails to admit the genuineness of a document or the truth of a matter requested under the admissions rule, and the requesting party then proves it, the requester may recover the reasonable expenses of that proof, including reasonable attorney’s fees.
The court must make that award unless one of three exceptions applies: the request was held objectionable, the admission sought was of no substantial importance, or the party had reasonable ground to believe it might prevail on the matter. The rule discourages reflexive denials of things that are not really in dispute.
Frequently Asked Questions
What happens if a party wrongly refuses to admit something?
If the requesting party later proves the matter, it may recover the reasonable expenses of the proof, including attorney’s fees, unless the request was objectionable, the matter was unimportant, or there was reasonable ground not to admit.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:23-3). 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: expenses on failure to admitcost of proving matterrefusal to admit