Every final judgment, except final judgments by default, shall grant the relief to which the party in whose favor it is rendered is entitled even though that party has not demanded such relief in the pleadings, provided the parties have been given an adequate opportunity to be heard as to the relief granted.
Rule 4:42-6.Effect of demand for judgment
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-6 lets a court grant relief a party has earned even if that party never demanded it in the pleadings, so long as everyone had a fair chance to be heard on the relief being granted, though the rule does not apply to default judgments.
Full Text of Rule 4:42-6
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. 4:55-4 (second sentence); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Pleadings do not cap what a party can win. Except in default judgments, every final judgment must grant the prevailing party whatever relief that party is entitled to, even relief the pleadings never mentioned.
The one safeguard is notice: the parties have to get an adequate opportunity to be heard on the relief granted, so nobody is blindsided by a remedy nobody argued for.
Frequently Asked Questions
Must a New Jersey judgment match exactly what the pleadings demanded?
No — outside default judgments, the court may grant relief the winning party is entitled to even if it was not demanded, as long as the parties had an adequate opportunity to be heard on it.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-6). 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: relief not demanded in pleadingsdemand for judgment