(a) Except in a matrimonial action or an action adjudicated in the Special Civil Part, any party may, at any time more than 20 days before the actual trial date, serve on any adverse party, without prejudice, and file with the court, an offer to take a monetary judgment in the offeror’s favor, or as the case may be, to allow judgment to be taken against the offeror, for a sum stated therein (including costs). The offer shall not be effective unless, at the time the offer is extended, the relief sought by the parties in the case is exclusively monetary in nature. Any offer made under this rule shall not be withdrawn except as provided herein.
Rule 4:58-1.Time and Manner of Making and Accepting Offer
Last amended September 1, 2022 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:58-1 lets a party, more than 20 days before trial in a case seeking only money, serve and file an offer of judgment for a stated sum, which is deemed withdrawn if not accepted within 10 days of trial or 90 days of service, whichever comes first.
Full Text of Rule 4:58-1
(b) If at any time on or prior to the 10th day before the actual trial date the offer is accepted, the offeree shall serve on the offeror and file a notice of acceptance with the court. The making of a further offer shall constitute a withdrawal of all previous offers made by that party. An offer shall not, however, be deemed withdrawn upon the making of a counter-offer by an adverse party but shall remain open until accepted or withdrawn as is herein provided. If the offer is not accepted on or prior to the 10th day before the actual trial date or within 90 days of its service, whichever period first expires, it shall be deemed withdrawn and evidence thereof shall not be admissible except in a proceeding after the trial to fix costs, interest, and attorney’s fee. The fact that an offer is not accepted does not preclude a further offer within the time herein prescribed in the same or another amount or as specified therein.
(c) Except as otherwise provided under this Rule, prior to the service or filing of a notice of acceptance, an offeror may withdraw an offer by serving on the offeree and filing a notice of withdrawal with the court. An offer voluntarily withdrawn by the offeror shall not be subject to this Rule.
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. 4:73. Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 10, 1998 to be effective September 1, 1998; text allocated to paragraphs (a) and (b), and paragraphs (a) and (b); amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended and new paragraph (c) adopted August 5, 2022 to be effective September 1, 2022.
Plain-English Summary
New Jersey's offer-of-judgment rule works on a tight calendar. Outside matrimonial and Special Civil Part cases, any party may, more than 20 days before the actual trial date, serve and file an offer to take (or allow) judgment for a stated sum — but only while the case seeks nothing but money.
The offeree has until 10 days before trial, or 90 days after service, whichever comes first, to accept; miss that window and the offer is deemed withdrawn, inadmissible except in a later proceeding to fix costs, interest, or fees. A counter-offer doesn't kill the original offer — it stays open until accepted or withdrawn — though making a new offer of one's own does withdraw every earlier offer from that same party. Before acceptance, the offeror can still pull the offer back by serving and filing a notice of withdrawal, and a voluntarily withdrawn offer carries none of the rule's consequences.
Frequently Asked Questions
How long before trial must an offer of judgment be served in New Jersey?
More than 20 days before the actual trial date.
How long does the offeree have to accept an offer of judgment?
Until the 10th day before the actual trial date, or 90 days after the offer was served, whichever period expires first.
Does making a counter-offer withdraw the original offer of judgment?
No. The original offer remains open until it is accepted or withdrawn as the rule provides.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:58-1). 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: offer of judgmentRule 4:58 offeroffer to take judgmentsettlement offer ruleoffer of judgment deadline