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Rule 4:43-4.Plaintiffs, Counterclaimants, Cross-claimants

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

In one sentenceRule 4:43-4 extends the default rules to any party seeking a default judgment, whether that party is a plaintiff, a third-party plaintiff, or a party pursuing its own cross-claim or counterclaim.

Full Text of Rule 4:43-4

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The provisions of R. 4:43 apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim.

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. 4:56-4 (first sentence).

Plain-English Summary

The default rules are not limited to an original plaintiff chasing an unresponsive defendant. Rule 4:43-4 confirms that the same provisions apply whether the party entitled to a default judgment is a plaintiff, a third-party plaintiff, or a party asserting a cross-claim or counterclaim of its own.

Frequently Asked Questions

Do New Jersey's default-judgment rules apply to a counterclaim?

Yes. They apply the same way whether the party seeking default judgment is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:43-4). 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: default on counterclaimdefault on cross-claim