The court on motion or its own initiative may try with an advisory jury any issue not triable of right by a jury, or it may, with the consent of all parties appearing at the trial, order a trial of any such issue with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Rule 4:35-2.Advisory jury and trial by consent
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:35-2 lets the court try an issue not triable of right by a jury with an advisory jury, or, with all parties' consent, order a binding jury trial of such an issue.
Full Text of Rule 4:35-2
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. 4:40-1.
Plain-English Summary
Even where there is no right to a jury, a jury may still play a role. This rule lets the court, on motion or its own initiative, try any issue not triable of right by a jury with an advisory jury, whose verdict guides but does not bind the court.
The parties can go further by agreement. With the consent of all parties appearing at trial, the court may order such an issue tried to a jury whose verdict has the same effect as if the jury trial had been a matter of right.
Frequently Asked Questions
Can a jury hear an issue that is not triable of right by a jury?
Yes. The court may use an advisory jury on such an issue, or, with all parties’ consent, order a binding jury trial of it.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:35-2). 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: advisory jurytrial by consentjury on equitable issue