If a party becomes mentally incapacitated, the court upon motion served as provided in R. 4:34-1(b) may allow the action to be continued by or against the party’s guardian or guardian ad litem.
Rule 4:34-2.Mental incapacity
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:34-2 lets the court, on motion, allow an action to be continued by or against a party's guardian or guardian ad litem when that party becomes mentally incapacitated.
Full Text of Rule 4:34-2
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. 4:38-2; amended July 13, 1994 to be effective September 1, 1994; caption and text; amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Incapacity, like death, is handled by substitution rather than derailment. When a party becomes mentally incapacitated during the action, the court may, on motion served as the death-substitution rule provides, allow the action to be continued by or against that party’s guardian or guardian ad litem.
The mechanism keeps the case moving while ensuring the incapacitated party is represented by the appropriate fiduciary.
Frequently Asked Questions
What if a party becomes incapacitated during a case?
The court may, on motion, allow the action to be continued by or against the party’s guardian or guardian ad litem.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:34-2). 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: mental incapacitysubstitution for incapacityguardian continues action