Except as provided by R. 4:35-1(d) and 4:35-2, all issues of fact not triable of right by a jury shall be decided by the court without a jury, whether or not any other issues are submitted to a jury. If certain of the issues are to be decided by a jury and others by the court, the court shall determine the sequence in which the issues shall be tried.
Rule 4:35-3.Trial by the court
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:35-3 provides that issues of fact not triable of right by a jury are decided by the court without a jury, and lets the court set the sequence when some issues go to a jury and others to the court.
Full Text of Rule 4:35-3
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. 4:40-2.
Plain-English Summary
Where the jury right does not reach an issue and no consent extends it, the judge decides. This rule provides that, except as the advisory-jury and consent provisions allow, all issues of fact not triable of right by a jury are decided by the court without a jury, whether or not other issues go to a jury.
Mixed cases need sequencing. When some issues are for a jury and others for the court, the court determines the order in which the issues are tried.
Frequently Asked Questions
Who decides issues that are not triable by a jury?
The court, without a jury, decides issues of fact not triable of right by a jury (absent an advisory jury or the parties’ consent). Where some issues go to a jury and others to the court, the court sets the sequence.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:35-3). 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: trial by the courtnon-jury issuesbench trialsequence of issues