Rule 4:28-2.Claims by or against fiduciaries

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:28-2 lets claims by or against a fiduciary as such be joined without leave with claims by or against the fiduciary personally arising out of the fiduciaryship, and, with leave of court, with any other personal claims.

Full Text of Rule 4:28-2

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Claims by or against any fiduciary, as such, may be joined without leave of court with claims by or against the fiduciary personally in respect of or arising out of the fiduciaryship, and may, with leave of court, be joined with any other claims by or against the fiduciary personally.

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. 4:32-6; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A fiduciary can wear two hats in the same dispute — the representative capacity and the personal one. This rule allows claims by or against the fiduciary as such to be joined, without leave of court, with claims by or against the fiduciary personally that arise out of the fiduciaryship.

Broader joinder needs permission. Claims against the fiduciary personally that are unrelated to the fiduciaryship may be joined only with leave of court.

Frequently Asked Questions

Can claims against a fiduciary personally and as fiduciary be joined?

Yes. Claims arising out of the fiduciaryship may be joined without leave; unrelated personal claims may be joined with leave of court.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:28-2). 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: claims by or against fiduciariesfiduciary joinder