A judgment for declaratory relief, if appropriate, is not precluded by the existence of another appropriate remedy.
Rule 4:42-3.Declaratory judgment
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-3 confirms that declaratory relief, where appropriate, is not barred just because another adequate remedy also exists.
Full Text of Rule 4:42-3
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. 4:92A (second sentence).
Plain-English Summary
New Jersey courts do not treat a declaratory judgment as a last resort. Rule 4:42-3 states that declaratory relief, when it fits the case, is not precluded by the existence of some other remedy that might also be available.
The rule is a single sentence, but it does real work: it forecloses an argument that a party cannot seek a declaration of rights just because it could instead sue for damages or another form of relief.
Frequently Asked Questions
Can a party get a declaratory judgment in New Jersey even if another remedy exists?
Yes. The existence of another appropriate remedy does not preclude declaratory relief where declaratory relief is itself appropriate.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-3). 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: declaratory reliefdeclaratory judgment action