(a) Release on Bond or Cash Deposit. A defendant who is arrested either on a writ of capias ad respondendum or ne exeat and who fails or refuses to furnish a bond or cash deposit as is hereinafter described shall be brought immediately before the judge who issued the writ or the judge named therein, who shall forthwith advise defendant of the right to be released on bond with such sureties, if any, as the court shall by order direct, hear the defendant as to the amount of bail and fix the same by order, and advise defendant of the right to challenge the basis for the issuance of the writ pursuant to R. 4:51-3.
Rule 4:51-2.Execution; bond
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:51-2 lets an arrested defendant secure release by bond or cash deposit, sets the procedure for challenging or adjusting the bail amount, and lets the court reduce bail at any time on notice to the plaintiff.
Full Text of Rule 4:51-2
(b) Condition of Bond; Cash Deposit. The sheriff shall release the defendant upon the furnishing of a bond conditioned upon obeying the orders and process of the court pending the action and to such process as shall be issued to compel the performance of the judgment therein and that defendant shall appear before the court, or any officer thereof, when so required by court order. The sheriff may in lieu of bond accept a deposit in cash in the amount of the bail. The making of such deposit shall not prevent defendant from moving to set aside the order for bail. If the order for bail is later set aside or the defendant recovers judgment in the action, the money deposited shall be returned to the person who made the deposit; but if the plaintiff recovers judgment and the money is the defendant’s, it shall be applied toward the satisfaction of the judgment.
(c) Exceptions or Objections to Bond or Bail. Exceptions or objections to bail or to the bond may be made by motion served upon the parties and the bail or the obligor on the bond within 20 days after bail or bond has been filed or posted. Upon such motion the court may approve the bail or bond or order new or additional bail or bond. If such new or additional bail or bond is not filed or posted and approved within the time specified in the order, the court shall order the bail to surrender the defendant at a specified time. The court may at any time, on notice of motion to the plaintiff and upon terms, reduce the bail or the bond to an amount deemed just under the circumstances.
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. 4:66-2, 4:66-4(a) (b) (c), 4:66-5(a) (b). Paragraph (c) amended by order of September 5, 1969, effective September 8, 1969; Caption; amended and paragraphs (a) and (b) deleted and new paragraphs (a) and (b) adopted July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A defendant arrested under a ne exeat or capias writ who won't post bond goes before the issuing judge, who sets the bail amount after hearing the defendant and explains the right to challenge the writ itself. The sheriff releases the defendant once a bond, or a cash deposit in the same amount, is furnished, and that deposit gets returned if the bail order is later set aside or the defendant wins the case — though if the plaintiff wins and the money is the defendant's, it goes toward satisfying the judgment instead.
Either side can also challenge the bail or bond itself, by motion within 20 days of when it was posted, and the court can approve it, order new or additional security, or reduce the bail to a just amount at any time on notice to the plaintiff.
Frequently Asked Questions
How does an arrested defendant get released under this rule?
By furnishing a bond, or a cash deposit in the amount of the bail, after the judge sets the bail amount.
What happens to a cash bail deposit if the defendant wins the case?
It is returned to whoever made the deposit; if the plaintiff wins and the money belongs to the defendant, it is applied toward satisfying the judgment instead.
Can the bail amount be reduced later?
Yes. The court may reduce the bail or bond to a just amount at any time, on notice to the plaintiff.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:51-2). 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: bail in civil arrestcash deposit in lieu of bond