In an action tried to conclusion in which the prevailing party had made a pretrial motion for summary judgment or partial summary judgment that was denied, the court may, on motion, award counsel fees to the prevailing party if it finds that the denial of the motion was based on a factual contention raised in bad faith by the party opposing the motion with knowledge that it was a palpable sham or predicated on facts known or which should have been known to be false. The motion shall be made to the trial court and shall be decided on the basis of the record made in the summary judgment motion and the trial of the cause. The award of counsel fees shall be limited to those legal services rendered on the motion for summary judgment and for such subsequent services as were compelled by its denial.
Rule 4:46-6.Attorneys fees
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:46-6 lets a court award the ultimately prevailing party its attorney's fees for an earlier, wrongly denied summary judgment motion when the denial rested on a factual contention the opposing party raised in bad faith, knowing it was a sham or false.
Full Text of Rule 4:46-6
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.
Adopted July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Losing a summary judgment motion, then winning at trial anyway, can carry a consequence for the other side. If the party who eventually prevails at trial had earlier moved for summary judgment or partial summary judgment and lost, the trial court may award that party counsel fees — but only if the denial turned on a factual contention the opposing party raised in bad faith, knowing it was a palpable sham or built on facts it knew or should have known were false.
The fee request goes to the trial judge, decided on the record from both the summary judgment motion and the trial itself, and the award reaches only the legal work spent on that motion and whatever additional work its denial made necessary.
Frequently Asked Questions
Can a party recover fees for a summary judgment motion it lost but should have won?
Yes, if that party ultimately prevails at trial and the court finds the denial was based on a factual contention the opposing party raised in bad faith, knowing it was a sham or false.
What legal work does a fee award under this rule cover?
Only the work on the summary judgment motion itself and any additional services the denial made necessary.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:46-6). 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: fees for denied summary judgmentbad faith opposition to summary judgment