An order of transfer pursuant to paragraphs (a) and (b) of this rule shall be filed with the clerk of the court transferring the action, who shall forthwith forward a certified copy thereof, together with the record and all other papers on file in the action, to the court to which it is transferred and shall pay over the fees, if any, provided by law.
Rule 4:3-4.Transfer and removal of actions
Last amended January 2, 1989 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:3-4 handles transfers of a pending case between courts — from the Superior Court to the Tax Court, from the municipal court to the Family Part, and between the Law Division and its Special Civil Part — and sets the mechanics for filing a transfer order.
Full Text of Rule 4:3-4
(a) Transfer from Superior Court to Tax Court. The court in which an action is pending may order it transferred to the Tax Court provided that the principal issue or issues raised therein are cognizable in that court.
(b) Transfer from the Municipal Court to the Superior Court, Chancery Division, Family Part. An action may be transferred from the municipal court to the Superior Court, Chancery Division, Family Part pursuant to R. 5:1-2(c)(3) and R. 5:1-3(b)(2).
(c) Transfers between the Law Division and Law Division, Special Civil Part shall be governed by R. 6:4-1.
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. 4:3-4(a) (b), 5:2-3. Caption and the text of paragraph (a) amended, former paragraph (b) deleted, paragraph (c) amended and redesignated (b), new introductory material and paragraph (c) adopted June 29, 1979 to be effective July 1, 1979; former paragraphs (a) and (b) deleted; former paragraph (c) redesignated and new paragraph (b) adopted December 20, 1983 to be effective December 31, 1983; new paragraph (c) adopted November 7, 1988 to be effective January 2, 1989.
Plain-English Summary
This rule covers moves between courts rather than between counties. The court where an action is pending may transfer it to the Tax Court when the principal issues belong there, and a matter may move from the municipal court to the Superior Court, Chancery Division, Family Part under the cross-referenced family rules. Transfers between the Law Division and the Law Division, Special Civil Part are governed by the Special Civil Part rules.
The introductory paragraph supplies the housekeeping. An order of transfer is filed with the clerk of the transferring court, who forwards a certified copy along with the record and all papers to the receiving court and pays over any statutory fees. That keeps the file intact as the case changes hands.
Frequently Asked Questions
When can a case move to the Tax Court?
The court where the action is pending may order it transferred to the Tax Court when the principal issue or issues raised are cognizable there.
What happens to the file when a case is transferred?
The clerk of the transferring court forwards a certified copy of the transfer order together with the record and all papers on file to the receiving court, and pays over any fees provided by law.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:3-4). 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: transfer of actionstransfer to Tax Courttransfer to Family PartSpecial Civil Part transfermoving a case between courts