(a) Requirements in Support of Motion. The motion for summary judgment shall be served with a brief and a separate statement of material facts with or without supporting affidavits. The statement of material facts shall set forth in separately numbered paragraphs a concise statement of each material fact as to which the movant contends there is no genuine issue together with a citation to the portion of the motion record establishing the fact or demonstrating that it is uncontroverted. The citation shall identify the document and shall specify the pages and paragraphs or lines thereof or the specific portions of exhibits relied on. A motion for summary judgment may be denied without prejudice for failure to file the required statement of material facts.
Rule 4:46-2.Motion and Proceedings Thereon
Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:46-2 requires a summary judgment motion to include a statement of material facts with record citations, requires the opposing party to admit or specifically dispute each fact, and grants judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.
Full Text of Rule 4:46-2
(b) Requirements in Opposition to Motion. A party opposing the motion shall file a responding statement either admitting or disputing each of the facts in the movant’s statement. Subject to R. 4:46-5(a), all material facts in the movant’s statement which are sufficiently supported will be deemed admitted for purposes of the motion only, unless specifically disputed by citation conforming to the requirements of paragraph (a) demonstrating the existence of a genuine issue as to the fact. An opposing party may also include in the responding statement additional facts that the party contends are material and as to which there exists a genuine issue. Each such fact shall be stated in separately numbered paragraphs together with citations to the motion record.
(c) Proceedings and Standards on Motions. The judgment or order sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law. An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact. The court shall find the facts and state its conclusions in accordance with R. 1:7-4. A summary judgment or order, interlocutory in character, may be rendered on any issue in the action (including the issue of liability) although there is a genuine factual dispute as to any other issue (including any issue as to the amount of damages). Subject to the provisions of R. 4:42-2 (judgment upon multiple claims), a summary judgment final in character may be rendered in respect of any portion of the damages claimed.
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. 4:58-3. Amended July 14, 1972 to be effective September 5, 1972; amended June 29, 1973 to be effective September 10, 1973; amended and subparagraphs designated June 28, 1996 to be effective September 1, 1996; paragraph (b); amended July 10, 1998 to be effective September 1, 1998; paragraph (a); amended August 1, 2016 to be effective September 1, 2016.
Plain-English Summary
A summary judgment motion has to do more than argue the law — it needs a separate statement of material facts, each one numbered and tied to a citation in the record, and the court can deny the motion without prejudice if that statement is missing. The opposing party has to respond in kind, admitting or specifically disputing each fact with its own citation; anything sufficiently supported and left undisputed is deemed admitted for the motion.
Judgment follows only when there is no genuine issue as to any material fact that is disputed and the moving party is entitled to judgment as a matter of law — a genuine issue exists only if the evidence and its legitimate inferences would require submitting that issue to a jury or judge as fact-finder. The court can grant judgment on just one issue, including liability, even while a genuine dispute remains on another, and, subject to the multiple-claims rule, may enter a final judgment covering only part of the damages claimed.
Frequently Asked Questions
What must accompany a New Jersey summary judgment motion?
A brief and a separate statement of material facts, in numbered paragraphs, each citing the portion of the motion record that supports it.
What happens to facts the opposing party doesn't specifically dispute?
They are deemed admitted for purposes of the motion, as long as they are sufficiently supported by the movant's citations.
What is the standard for granting summary judgment in New Jersey?
No genuine issue as to any material fact that is disputed, and the moving party entitled to judgment as a matter of law — a fact issue is genuine only if the evidence and its legitimate inferences would require submitting it to the trier of fact.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:46-2). 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: MSJsummary judgment standardstatement of material factsgenuine issue of material fact