A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. As many separate claims or defenses as the party has may be stated regardless of their consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in R. 1:4-8.
Rule 4:5-6.Consistency
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:5-6 allows alternative, hypothetical, and inconsistent pleading, letting a party state a claim or defense in several ways and set out as many separate claims or defenses as it has, subject to the good-faith obligations of Rule 1:4-8.
Full Text of Rule 4:5-6
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.
Source-R.R. 4:8-5(b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Pleading is not a bet on a single theory. This rule lets a party state a claim or defense alternatively or hypothetically, in one count or several, and provides that the pleading is not insufficient just because one alternative statement, standing alone, would fall short. A party may plead as many separate claims or defenses as it has, whether legal or equitable, regardless of consistency.
The freedom is not unlimited. Every statement remains subject to the good-faith and reasonable-basis obligations of Rule 1:4-8, so a party may plead in the alternative but may not advance a position without a proper foundation.
Frequently Asked Questions
Can a party plead inconsistent claims or defenses?
Yes. A party may state as many separate claims or defenses as it has regardless of consistency, and may plead them alternatively or hypothetically, on legal or equitable grounds or both.
Are there limits on alternative pleading?
All statements remain subject to Rule 1:4-8, which requires a good-faith basis for what is pleaded. Alternative pleading is not a license to advance a groundless position.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:5-6). 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: alternative pleadinghypothetical pleadinginconsistent claimsconsistency of pleadings