The writ of ne exeat or capias ad respondendum, serving as original or mesne process, shall issue only on court order after application supported by affidavit and, if the court directs, by the taking of oral testimony. The writ may issue against one or more of the defendants and shall be returnable at such time as the court directs. If issuing as original process it shall be served with the complaint and the defendant arrested and the writ shall state that the defendant’s answer shall be served within 35 days after the arrest or within such further time as is permitted by these rules where a summons is served. The court shall fix the amount of bail, which shall be stated on the writ and shall direct the executing officer to release the defendant upon furnishing the officer with a bond or cash deposit in the amount of the bail as provided by R. 4:51-2(b) and shall further direct the executing officer that in the event the defendant is unable or refuses to furnish said bond or deposit, to bring defendant forthwith to the judge issuing the writ or to any other judge therein named. R. 4:51 does not supersede the ne exeat provisions of N.J.S.A. 49:3-45 (Real Estate Syndication Offerings Law).
Rule 4:51-1.Issuance; service
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:51-1 requires a court order, based on an application and affidavit, before a writ of ne exeat or capias ad respondendum can issue, and fixes the bail a defendant must post to avoid being brought before the issuing judge.
Full Text of Rule 4:51-1
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. 4:66-1. Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A writ of ne exeat or capias ad respondendum — process that can lead to a defendant's arrest — never issues on request alone. It takes a court order, granted only after an application supported by affidavit and, if the court wants it, oral testimony, and the writ can run against one or more defendants on whatever return date the court sets.
When the writ serves as original process, it goes out with the complaint and the defendant is arrested, with 35 days to answer after the arrest. The court fixes the bail amount on the writ itself and directs the officer to release the defendant on a bond or cash deposit; if the defendant can't or won't post it, the officer brings that defendant straight to the issuing judge.
Frequently Asked Questions
Can a writ of ne exeat or capias ad respondendum issue without a court order?
No. It issues only on court order, based on an application supported by affidavit and, if the court directs, oral testimony.
What happens if a defendant arrested on the writ can't post bail?
The executing officer brings the defendant directly to the judge who issued the writ, or to another judge the writ names.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:51-1). 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: ne exeat writcapias ad respondendumarrest process in civil action