A public officer suing or being sued in an official capacity may be described by the official title without the use of the officer’s name.
Rule 4:26-7.Public officers
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:26-7 lets a public officer who sues or is sued in an official capacity be described by the official title alone, without using the officer's personal name.
Full Text of Rule 4:26-7
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.
Amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Litigation involving a public office is about the office, not the individual who happens to hold it. This rule reflects that: a public officer suing or being sued in an official capacity may be described by the official title, without the use of the officer’s name.
The convention keeps the caption stable even as officeholders change, and it pairs with the substitution rule for public officers, which automatically carries an action over to a successor in office.
Frequently Asked Questions
How is a public officer named as a party in New Jersey?
By the official title alone, without the officer’s personal name, when the officer sues or is sued in an official capacity.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:26-7). 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: public officersofficial capacitynaming a public officer