(a) Generally. Claims by or against a husband and wife may be joined with claims by or against either of them separately.
Rule 4:28-3.Claims by or against spouse
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:28-3 permits joining claims by or against a husband and wife with claims by or against either separately, and requires spouses' claims for physical injury and consortium arising from the same negligent conduct to be joined in one action or be waived.
Full Text of Rule 4:28-3
(b) Mandatory Joinder of Spouses in Certain Negligence Actions. All claims by spouses for physical injury and consortium losses resulting from the same course of negligent conduct of others shall be joined in a single action and shall be deemed to have been waived if not so joined unless the court, for good cause shown, otherwise orders.
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. 4:32-7.
Plain-English Summary
Spouses’ claims often travel together, and this rule addresses both permissive and mandatory joinder. Claims by or against a husband and wife may be joined with claims by or against either of them separately.
One category is mandatory. All claims by spouses for physical injury and consortium losses resulting from the same course of another’s negligent conduct must be joined in a single action, and a claim not so joined is deemed waived unless the court, for good cause, orders otherwise. The rule prevents splitting a family’s injury claims across separate suits.
Frequently Asked Questions
Must spouses join their injury and consortium claims?
Yes. Claims by spouses for physical injury and consortium losses from the same negligent conduct must be joined in one action, or they are deemed waived unless the court for good cause orders otherwise.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:28-3). 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: claims by or against spouseconsortiummandatory spousal joinderper quod claim