Allegations in a pleading which sets forth a claim for relief, other than those as to the amount of damages, are admitted if not denied in the answer thereto. In every action brought upon a negotiable instrument, the authenticity of any signature or endorsement thereon shall be taken to be admitted unless the same is put in issue by the pleadings. Allegations in any answer setting forth an affirmative defense shall be taken as denied if not avoided in a reply; issue shall be deemed to have been joined upon allegations in an answer setting forth other matters. Allegations in a reply shall be taken as denied or avoided, and any defense thereto in law or fact may be asserted at trial.
Rule 4:5-5.Effect of failure to deny
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:5-5 sets the effect of failing to deny, providing that allegations other than the amount of damages are admitted if not denied, and defining how issue is joined on answers, affirmative defenses, and replies.
Full Text of Rule 4:5-5
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. 4:8-4.
Plain-English Summary
Silence in pleading can be an admission. Under this rule, allegations in a claim for relief — other than those about the amount of damages — are admitted if the answer does not deny them. The rule also treats the authenticity of a signature or endorsement on a negotiable instrument as admitted unless the pleadings put it in issue.
The rule then explains how issue is joined further down the chain. Allegations in an answer that set up an affirmative defense are taken as denied if a reply does not avoid them, and issue is deemed joined on other matters an answer raises. Allegations in a reply are taken as denied or avoided, leaving the pleader free to meet them at trial.
Frequently Asked Questions
What happens if an allegation is not denied?
Allegations other than the amount of damages are admitted if they are not denied in the answer. Damages allegations are the exception and are not admitted by silence.
Do you have to reply to an affirmative defense?
Not to join issue on it. Allegations setting up an affirmative defense are taken as denied even without a reply, unless a reply is filed to avoid them.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:5-5). 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: effect of failure to denyadmission by silencejoinder of issuenegotiable instrument signature