When any public officer sues or is sued in an official capacity whether or not the officer’s name is mentioned, and then dies, resigns or for any reason ceases to hold office, the successor in office shall be deemed to have been substituted in unless the court on motion otherwise orders; but the court may on motion specially order the substitution of such successor in office.
Rule 4:34-4.Public officers; death or separation from office
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:34-4 provides that when a public officer who sues or is sued in an official capacity leaves office, the successor is automatically deemed substituted unless the court orders otherwise.
Full Text of Rule 4:34-4
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. 4:38-4; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Litigation against a public office should not fail because the officeholder changes. Under this rule, when a public officer who sues or is sued in an official capacity dies, resigns, or otherwise ceases to hold office, the successor in office is deemed to have been substituted automatically.
The court retains control. It may order otherwise, and may specially order the substitution of the successor, but the default keeps the case alive across a change of officeholder.
Frequently Asked Questions
What happens to a case against a public officer who leaves office?
The successor in office is automatically deemed substituted unless the court orders otherwise, so the action continues against the office rather than the individual.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:34-4). 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: public officers death or separationsuccessor in officeautomatic substitution