(a) Order Limiting Factual Controversy. If on motion under this rule judgment is not rendered upon the whole action or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall, if practicable, ascertain what material facts, including facts as to the amount of damages, exist without substantial controversy and shall thereupon make an order specifying those facts and directing such further proceedings in the action as are appropriate. Upon trial of the action the facts so specified shall be deemed established.
Rule 4:46-3.Case not adjudicated on motion
Last amended September 10, 1984 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:46-3 lets a court that denies full summary judgment narrow the case anyway, entering an order that pins down the facts no one disputes and, where limited testimony could resolve what remains, sets a trial date for just the disputed issues.
Full Text of Rule 4:46-3
(b) Order for Trial. If after the inquiry prescribed by paragraph (a) of this rule it appears to the court at the hearing of the motion that the case may be fully or partially adjudicated upon limited testimony, with or without specific further discovery, the court shall, if practicable, enter an order fixing a date certain for the trial of specifically identified disputed factual issues and, if appropriate, fixing the subject, mode, and time for completion of discovery.
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. 4:58-4. Former rule redesignated as paragraph (a), paragraph (b) adopted July 26, 1984 to be effective September 10, 1984.
Plain-English Summary
Denying summary judgment does not have to mean starting from scratch at trial. When a motion leaves a trial necessary, the court examines the pleadings and evidence and questions counsel to identify which material facts, including the amount of damages, are not in dispute, then issues an order pinning those facts down — at trial, they are treated as already established.
Sometimes that same inquiry reveals the case could be resolved, in whole or in part, on limited testimony. When it can, the court sets a firm trial date for the specific disputed issues and, where it makes sense, defines what discovery still needs to happen and by when.
Frequently Asked Questions
What happens to facts a summary judgment motion shows are undisputed, even if the whole case isn't resolved?
The court issues an order specifying those facts, and at trial they are deemed established rather than relitigated.
Can a court set a narrower trial after a summary judgment motion is denied?
Yes. If it appears the case could be resolved fully or partially on limited testimony, the court may set a trial date focused on just the specifically identified disputed issues.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:46-3). 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: partial summary judgment orderundisputed facts order