Rule 4:51-4.Capias; fraud in inception of contract

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:51-4 lets a defendant held to bail for fraud in a contract's inception have that fraud question tried, and requires the defendant's release if the court certifies on the record that no fraud occurred.

Full Text of Rule 4:51-4

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If defendant in an action on a contract has been held to bail upon the ground of fraud in the inception of the contract, the fact of the fraud may be inquired into at the trial of the action, and if the court then determines from the evidence and certifies on the record that there was no fraud, defendant’s bail shall be discharged or defendant shall be released from custody.

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. 4:66-6; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Being held to bail on a claim of fraud in how a contract came about does not settle the fraud question — it stays open for trial. The court inquires into the fact of the fraud along with everything else, and if it determines from the evidence that no fraud occurred and certifies that finding on the record, the defendant's bail is discharged, or the defendant is released from custody outright.

Frequently Asked Questions

Can a defendant held to bail for contract fraud get released?

Yes. If the court determines from the evidence at trial that there was no fraud and certifies that finding on the record, the defendant's bail is discharged or the defendant is released.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:51-4). 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: fraud in inception of contractbail discharge no fraud