Applications for allowances pursuant to R. 4:58 shall be made in accordance with the provisions of R. 4:42-9(b) within 20 days after entry of final judgment. A party who is awarded counsel fees, costs, or interest as a prevailing party pursuant to a fee-shifting statute, rule of court, contractual provision, or decisional law shall not be allowed to recover duplicative fees, costs, or interest under this rule.
Rule 4:58-6.Application for Fee; Limitations
Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:58-6 requires an application for offer-of-judgment allowances within 20 days after final judgment, and bars recovering duplicate fees, costs, or interest already awarded under a separate fee-shifting statute, rule, contract, or case law.
Full Text of Rule 4:58-6
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.
Adopted July 27, 2006 as Rule 4:58-5 to be effective September 1, 2006; redesignated as Rule 4:58-6 July 23, 2010 to be effective September 1, 2010.
Plain-English Summary
Collecting on an offer-of-judgment allowance has its own deadline and its own limit against double recovery. The application has to follow the affidavit-of-services procedure for attorney's fees and come in within 20 days after final judgment is entered.
And a party who already recovered fees, costs, or interest as a prevailing party under some other fee-shifting statute, rule of court, contract, or body of case law can't stack a duplicate recovery of those same amounts on top under this rule.
Frequently Asked Questions
How long does a party have to apply for offer-of-judgment allowances?
20 days after entry of final judgment.
Can a party recover fees under this rule and a separate fee-shifting statute for the same work?
No. Fees, costs, or interest already awarded under another fee-shifting statute, rule, contract, or case law cannot be duplicated under this rule.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:58-6). 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: offer of judgment fee applicationduplicate fee recovery