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Rule 4:52-6.Stay of action in superior court

Last amended September 10, 1984 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:52-6 bars using an injunction from one action to stay proceedings in another pending Superior Court action, requiring that relief to be sought instead by counterclaim or another route within the pending action itself.

Full Text of Rule 4:52-6

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No injunction or restraint shall be granted in one action to stay proceedings in another pending action in the Superior Court, but such relief may be sought on counterclaim or otherwise in the pending action.

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. 4:67-7; amended July 26, 1984 to be effective September 10, 1984.

Plain-English Summary

A party cannot reach into a separate lawsuit and freeze it with an injunction from a different case. If another action is already pending in the Superior Court, no injunction or restraint from one action may stay proceedings in that other case.

The remedy still exists — it just has to be pursued inside the pending action itself, whether by counterclaim or some other route available there.

Frequently Asked Questions

Can an injunction from one New Jersey lawsuit stay a separate pending case?

No. That relief has to be sought within the pending action itself, such as by counterclaim, not through an injunction issued in a different action.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:52-6). 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: stay of pending actioninjunction against another lawsuit