If damages are to be determined in respect of any continuing cause or action, they shall be determined to the time of the trial or assessment.
Rule 4:42-7.Damages in continuing cause
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-7 measures damages in a continuing cause of action as of the time of trial or assessment, not as of when the action was filed.
Full Text of Rule 4:42-7
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. 4:55-5.
Plain-English Summary
Some wrongs keep accumulating harm after a lawsuit is filed. For a continuing cause of action, Rule 4:42-7 fixes the measuring point at the time of trial or assessment, not the date suit began.
That means a plaintiff's damages award can reflect harm that occurred right up through the trial itself, rather than freezing the calculation at the moment the complaint was filed.
Frequently Asked Questions
When are damages measured in a continuing-cause case?
At the time of trial or assessment, not when the action was filed.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-7). 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: continuing cause of actiondamages measured at trial