Rule 4:39-3.Omissions in verdict in action to recover personal property

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:39-3 provides that if a jury's verdict in an action to recover unlawfully detained personal property fails to address part of the property claimed, the verdict still stands, but the plaintiff loses any claim of title to the items it omitted.

Full Text of Rule 4:39-3

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If, in an action to recover personal property unlawfully detained, or on an issue concerning several things in one count, the verdict fails to find for part of them, such verdict shall stand, but the plaintiff shall be barred of title to the things omitted.

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. 4:50-3; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

This is a narrow backstop for a specific kind of case: an action to recover personal property that a defendant is unlawfully holding, or an issue covering several distinct things bundled into one count.

If the jury's verdict does not address every one of those things, the verdict is not thrown out or sent back. It stands as returned, but the plaintiff is barred from later claiming title to whatever items the verdict left out.

Frequently Asked Questions

What happens if a jury's verdict skips over part of the property claimed?

The verdict still stands, but the plaintiff is barred from claiming title to the items the verdict omitted.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:39-3). 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: replevin verdictrecovery of personal property