In case of any transfer of interest, the action may be continued by or against the original party, unless the court on motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in R. 4:34-1(b).
Rule 4:34-3.Transfer of interest
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:34-3 provides that on a transfer of interest the action may continue by or against the original party, unless the court on motion directs the transferee to be substituted or joined.
Full Text of Rule 4:34-3
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. 4:38-3.
Plain-English Summary
When the interest at stake changes hands mid-case, the litigation need not restart. This rule provides that on any transfer of interest the action may be continued by or against the original party.
Substitution is optional and court-directed. The court may, on motion, order the person to whom the interest was transferred to be substituted in the action or joined with the original party, with service made as in the death-substitution rule.
Frequently Asked Questions
What happens if a party transfers its interest during a case?
The action may continue by or against the original party, unless the court on motion directs the transferee to be substituted or joined.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:34-3). 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: transfer of interestsubstitution of transfereeassignment during litigation