(a) By Whom Ordered; Grounds. In actions in the Superior Court a change of venue may be ordered by the Assignment Judge or the designee of the Assignment Judge of the county in which venue is laid or by a judge of such county sitting in the Chancery Division, General Equity, or the presiding judge of the Family Part, or the designee of the Assignment Judge for the Special Civil Part, (1) if the venue is not laid in accordance with R. 4:3-2; or (2) if there is a substantial doubt that a fair and impartial trial can be had in the county where venue is laid; or (3) for the convenience of parties and witnesses in the interest of justice; or, (4) in Family Part post-judgment motions, if both parties reside outside the county of original venue and application is made to the court by either party to change venue to a county where one of the parties now resides.
Rule 4:3-3.Change of Venue in the Superior Court
Last amended September 1, 2008 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:3-3 governs changes of venue in the Superior Court — who may order one and on what grounds, the deadline and form for a motion, and the plaintiff's early right to move venue ex parte before any answer is filed.
Full Text of Rule 4:3-3
(b) Time; Form of Order; Filing. A motion for a change of venue shall be made not later than 10 days after the 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 not so made, objections to venue shall be deemed waived except that if the moving party relies on R. 4:3-3(a)(2) the motion may be made at any time before trial. The order changing venue shall not be incorporated in any other order and shall be filed in triplicate. If a mediator has already been appointed, the party moving to change venue shall serve a copy of the motion on that person prior to the mediation date. The moving party also shall promptly serve on the mediator a copy of the order entered on the motion.
(c) Ex Parte Orders. At any time prior to the filing and service of the first answer by any defendant to the complaint, plaintiff may apply ex parte for an order changing venue to any other county in which venue may be properly laid. The application shall be granted unless it appears that there is good cause for its denial. An order of denial shall state the reasons with specificity.
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. 4:3-3. Paragraph (a) amended December 20, 1983 to be effective December 31, 1983; paragraph (a); amended November 1, 1985 to be effective January 2, 1986; paragraph (a); amended and paragraph (c) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a); amended November 7, 1988 to be effective January 2, 1989; paragraph (a); amended June 29, 1990 to be effective September 4, 1990; paragraph (b); amended July 9, 2008 to be effective September 1, 2008.
Plain-English Summary
Sometimes a case needs to move counties. This rule names the judges who may order a change of venue and the grounds for it: venue laid in the wrong county, substantial doubt that a fair and impartial trial can be had where it sits, the convenience of parties and witnesses, and a narrow family-post-judgment ground. A motion generally must be made within ten days after the last responsive pleading is due, though a fair-trial objection may be raised any time before trial.
Paragraph (c) gives the plaintiff an early, one-sided option. Before any defendant answers, the plaintiff may apply ex parte to move venue to another proper county, and the application is granted unless there is good cause to deny it. The order changing venue stands on its own and is filed in triplicate, and a party moving after a mediator is appointed must serve that mediator too.
Frequently Asked Questions
On what grounds can venue be changed?
Improper venue, substantial doubt about a fair and impartial trial in the current county, the convenience of parties and witnesses in the interest of justice, and a limited family-post-judgment ground when both parties have moved away.
Can a plaintiff change venue without a motion?
Before any defendant files an answer, a plaintiff may apply ex parte to move venue to another proper county. The court grants the application unless there is good cause to deny it and must state its reasons for a denial.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:3-3). 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: change of venuemotion to change venuefair trial venueex parte venue changemove case to another county