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.
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
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