Rule 4:50-3.Effect of motion

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:50-3 confirms that filing a motion for relief from judgment does not suspend the judgment or affect its finality, and does not limit a court's separate power to set aside a judgment for fraud on the court.

Full Text of Rule 4:50-3

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A motion under R. 4:50 does not suspend the operation of any judgment, order or proceeding or affect the finality of a final judgment, nor does this rule limit the power of a court to set aside a judgment, order or proceeding for fraud upon the court or to entertain an independent action to relieve a party from a judgment, order or proceeding.

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. 4:62-2 (third and fourth sentences).

Plain-English Summary

Moving for relief from a judgment does not put that judgment on hold. The judgment, order, or proceeding keeps operating, and its finality is untouched, while the motion is pending.

The rule also protects two paths outside itself: a court's own power to set aside a judgment for fraud on the court, and a party's ability to bring an independent action seeking relief from a judgment, order, or proceeding.

Frequently Asked Questions

Does filing a motion for relief from judgment pause the judgment?

No. The judgment, order, or proceeding continues to operate, and its finality is not affected while the motion is pending.

Can a party seek relief from a judgment outside of Rule 4:50?

Yes. The rule does not limit a court's power to set aside a judgment for fraud on the court or a party's ability to bring an independent action for relief.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:50-3). 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: independent action for relief from judgmentfraud on the court