Rule 4:3-1.Divisions of Court; Commencement and Transfer of Actions

Last amended September 1, 2024 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:3-1 routes each Superior Court case to the right Division and Part — General Equity, Probate, Family, or Law — based on the primary relief sought, and sets the procedure for transferring a case between the Law and Chancery Divisions.

Full Text of Rule 4:3-1

Text sizeJump to: (a) (b)

(a) Where Instituted.

(1) Chancery Division-General Equity. Actions in which the plaintiff’s primary right or the principal relief sought is equitable in nature, except as provided by subparagraphs (2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief.

(2) Chancery Division-Probate Part. All actions pursuant to R. 4:83 et seq. shall be filed and heard in the Chancery Division, Probate Part.

(3) Chancery Division-Family Part. All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Actions cognizable in the Family Part shall include all actions and proceedings referenced in Part V of these rules, unless otherwise provided in subparagraph (a)(4) of this rule; all actions and proceedings formerly cognizable in the juvenile and domestic relations court; and all other actions and proceedings unique to and arising out of a family or family-type relationship.

(4) Specific Case Types. The following types of cases shall be filed and heard in the Division and Part as specified:

(A) Name Change. Actions seeking to change the name of an adult and/or minor shall be filed and heard in accordance with applicable provisions of R. 4:72.

(B) Partition. Notwithstanding a family or family-type relationship, if partition is the only relief sought, the matter shall be filed and heard in the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

(C) Enforcement of Judgments. Except as otherwise provided in the court rules, all motions or applications to modify or enforce a judgment, regardless of the relief sought, shall be filed and heard in the Division and Part where the judgment was entered.

(D) Parenting Time/Visitation. All parenting time/visitation issues relating to minors shall be filed and heard in the Chancery Division, Family Part. Parenting time/visitation issues related to adults shall be filed and heard in the Chancery Division, General Equity, except that actions seeking visitation of adjudicated incapacitated adults shall be filed and heard in the Chancery Division, Probate Part.

(E) Personal Possessions. If ownership interest or monetary damages pertaining to personal property, including pets, is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part or Law Division, Special Civil Part. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

(F) Ejectment. If ownership interest or monetary damages pertaining to an ejectment is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part, the Law Division, Special Civil Part, or the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part.

(G) Requests for Transcripts of Closed Family Court Proceedings Made in a Civil Action. Where, in a Civil action, a request is made for a transcript of a Chancery Division, Family Part proceeding deemed closed by court rules, court order or statute, an application shall be filed and heard in the Law Division, Civil Part to determine the disclosure of the Family Part transcript and to establish whether any conditions should be attached to the provision of the transcript. The parties to the Family Part matter shall be provided notice of the application.

(H) Birth Certificates and Marriage Certificates. Applications seeking to alter the name of a parent on a birth certificate shall be filed and heard in the Chancery Division, Family Part if the application is filed on behalf of a minor. Applications for issuance of a vital record in cases in which the Bureau of Vital Statistics declines to act, such as a request for a delayed certificate of birth, shall be filed in the Law Division, Civil Part as an action in lieu of prerogative writ. If the county of venue is unknown, then application may be made to the Civil Division in Mercer County on the basis of convenience to the State Registrar. Otherwise, the action in lieu of prerogative writ shall be filed in the county where the birth or marriage took place.

(I) Post-Judgment Relief Relating to Incapacitated Adult Child of Parents Subject to Family Part Order. An action seeking to modify or enforce the terms of a Chancery Division, Family Part order addressing custody and/or parenting time/visitation of an unemancipated minor child who was later adjudicated incapacitated as defined in N.J.S.A. 3B:1-2 after reaching age 18, shall be filed and heard in the Chancery Division, Probate Part. An action seeking continuation, modification, or enforcement of child support for such a child beyond the age of 23 with a severe physical or mental incapacity that causes the child to be financially dependent on a parent as set forth in N.J.S.A. 2A:17-56.67 shall be filed and heard in the Chancery Division, Family Part pursuant to R. 5:6-9(g).

(5) Law Division. All actions in the Superior Court except those encompassed by subparagraphs (1), (2), (3), and (4) hereof shall be filed and heard in the Law Division, Civil Part or the Law Division, Special Civil Part.

(b) Transfer Between Law and Chancery Division. A motion to transfer an action from one trial division of the Superior Court or part thereof to another, except those actions governed by Part VI of these rules, shall be made within 10 days after expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date if the action is pending in the Law Division. Unless so made, objections to the trial of the action in the division specified in the complaint are waived, but the court on its own motion may thereafter order such transfer. Actions transferred shall not be retransferred. The order of transfer shall be filed in triplicate.

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. 4:41-2, 4:41-3, 5:1-2. Paragraphs (a) and (b) amended and caption amended July 22, 1983 to be effective September 12, 1983; new paragraph (a) adopted and paragraph (b) amended December 20, 1983 to be effective December 31, 1983; paragraphs (a) and (b) amended November 7, 1988 to be effective January 2, 1989;

subparagraph (a)(1) amended, subparagraph (a)(2) recaptioned and adopted, former subparagraphs (a)(2) and (a)(3) redesignated (a)(3) and (a)(4) respectively, and subparagraph (a)(4) amended June 29, 1990 to be effective September 4, 1990; subparagraphs (a)(1), (a)(2) and (a)(3) amended, new subparagraph (a)(4) adopted, and former subparagraph (a)(4); amended and redesignated as subparagraph (a)(5) July 27, 2018 to be effective September 1, 2018; subparagraph (a)(4)(I) amended July 15, 2024 to be effective September 1, 2024.

Plain-English Summary

The Superior Court is one court with several Divisions, and this rule decides where a case belongs. Matters whose primary right or relief is equitable go to the Chancery Division, General Equity; probate matters go to the Chancery Division, Probate Part; disputes arising out of a family or family-type relationship go to the Chancery Division, Family Part; and everything else goes to the Law Division. The rule then lists specific case types — name changes, partition, enforcement of judgments, and more — and assigns each to a named Division and Part.

Paragraph (b) handles second thoughts. A party who believes a case is in the wrong Division must move to transfer within ten days after the last responsive pleading is due, or by the return date in a summary action. Miss that window and the objection is waived, though the court may still order a transfer on its own. A transferred case is not transferred a second time.

Frequently Asked Questions

How do I know whether my case goes to the Law Division or the Chancery Division?

Look at the primary relief. If the main right or remedy is equitable — an injunction, specific performance, and the like — the case goes to the Chancery Division, General Equity. If it is chiefly for money or other legal relief, it goes to the Law Division. Probate and family matters have their own Chancery Parts.

What if a case is filed in the wrong Division?

Move to transfer within ten days after the last responsive pleading is due (or by the return date in a summary action). If no one objects in time, the objection is waived, but the court can still order a transfer on its own motion.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:3-1). 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: divisions of Superior CourtChancery DivisionLaw DivisionGeneral EquityFamily Partwhere to filetransfer between divisions