Rule 4:46-4.Leave to proceed upon terms
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:46-4 lets a court grant leave to proceed unconditionally or on whatever just terms it sets, including security or the time or mode of trial.
Full Text of Rule 4:46-4
Leave to proceed may be given unconditionally, or upon such terms as to giving security, or time or mode of trial, or otherwise, as is deemed just.
End
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. 4:58-5.
Plain-English Summary
When a court grants leave to proceed in connection with a summary judgment motion, it is not an all-or-nothing choice. Rule 4:46-4 lets the court grant that leave unconditionally, or attach whatever terms it considers just, such as requiring security or setting the time or mode of trial.
Frequently Asked Questions
Can a court attach conditions to leave to proceed after a summary judgment motion?
Yes. The court may grant leave unconditionally or on such terms as to security, time, or mode of trial, or otherwise, as it deems just.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:46-4). 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: leave to proceed conditions