Rule 4:58-5.New Trial

Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:58-5 lets a party whose offer of judgment was rejected at an original trial renew that offer within 10 days after a retrial date is set, keeping the offer effective as of its original date, or make a new offer instead.

Full Text of Rule 4:58-5

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If an action is required to be retried, a party who made a rejected offer of judgment in the original trial may, within 10 days after the fixing of the first date for the retrial, serve the actual notice on the offeree that the offer then made is renewed and, if the offeror prevails, the renewed offer will be effective as of the date of the original offer. If the offeror elects not to so renew the original offer, a new offer may be made under this rule, which will be effective as of the date of the new offer.

End

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.

Former Rule 4:58-5 redesignated as Rule 4:58-6, and new Rule 4:58-5 caption and text adopted July 23, 2010 to be effective September 1, 2010.

Plain-English Summary

A retrial doesn't erase an earlier offer of judgment — it just gives the offeror a choice. Within 10 days after the first retrial date is fixed, a party whose offer was rejected the first time around may renew it, and if that party ultimately prevails, the renewed offer is treated as effective from its original date.

The offeror doesn't have to renew, though. Choosing instead to make a new offer under this rule is just as available, but that new offer is effective only from the date it's made.

Frequently Asked Questions

What happens to a rejected offer of judgment if a case is retried?

The offeror may renew it within 10 days after the retrial date is set, keeping its original effective date, or make a new offer instead, effective from its own date.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:58-5). 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 judgment renewalretrial offer