(a) Party Survivors. In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be noted upon the record and the action shall proceed in favor of or against the surviving parties.
Rule 4:34-1.Death
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:34-1 handles a party's death: where the right survives only to or against the surviving parties the action continues without abating, and where a claim survives a deceased party the court orders substitution of the proper parties on motion.
Full Text of Rule 4:34-1
(b) Non-Party Survivors. If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and notice thereof shall be served on parties as provided by R. 1:5-2 and on persons not parties in the manner provided by either R. 4:4 (service of original process), or, if the court directs, R. 4:67-3 (service of orders to show cause).
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. 4:38-1(a) (b).
Plain-English Summary
A death during litigation does not necessarily end the case. Where the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate; the death is noted on the record and the case proceeds among the surviving parties.
Where a claim survives the deceased party, substitution is required. On motion — by the deceased’s successors or representatives, or by any party — the court orders the proper parties substituted, with notice served on the parties and on non-parties in the manner the rule specifies.
Frequently Asked Questions
What happens if a party dies during a lawsuit?
If the right survives only to or against the surviving parties, the action continues without abating. If a claim survives the deceased party, the court orders substitution of the proper parties on motion.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:34-1). 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: death of a partysubstitution of partiesabatementsurvival of claim