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Rule 4:36-1.County where tried

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:36-1 sends Law Division actions to trial in the county of venue and lets the Chief Justice designate the trial counties for Chancery Division actions, except that a Chancery jury trial is heard where venue is laid unless the court orders otherwise.

Full Text of Rule 4:36-1

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Superior Court actions pending in the Law Division shall be tried in the county in which the venue is laid; those pending in the Chancery Division shall be tried in counties designated by the Chief Justice except that where tried by a jury, they shall be heard in the county in which the venue is laid unless the court otherwise orders.

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. 4:41-1.

Plain-English Summary

Where a case is filed and where it is tried are not always the same question. This rule answers the second one for the Superior Court's two trial divisions. Law Division actions are tried in the county where venue is laid. Chancery Division actions are tried in whatever counties the Chief Justice designates.

That Chancery flexibility has one exception: when a Chancery matter is tried by a jury, the trial returns to the venue county unless the court orders otherwise.

Frequently Asked Questions

Where is a Law Division case tried in New Jersey?

In the county where venue is laid.

Can a Chancery Division case be tried somewhere other than the venue county?

Yes. The Chief Justice designates the counties where Chancery Division actions are tried, except that a case tried by a jury is heard in the venue county unless the court orders otherwise.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:36-1). 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: venue for trialtrial countyChancery Division venue