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Rule 4:59-3.Process in Behalf of and Against Persons Not Parties

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

In one sentenceRule 4:59-3 lets an order favoring a non-party be enforced the same way as one favoring a party, and subjects a non-party bound by an order to the same enforcement process as a party would face.

Full Text of Rule 4:59-3

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An order made in favor of a person who is not a party to the action may be enforced by the same process as in the case of a party and, if obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as a party.

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. 4:76; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Being outside the caption doesn't put someone outside the court's enforcement reach. An order made in favor of a person who isn't a party to the action may be enforced with the same process available to an actual party.

The same works in reverse: if an order can lawfully be enforced against someone who isn't a party, that person faces the identical enforcement process a party would.

Frequently Asked Questions

Can a court order be enforced against someone who isn't a party to the lawsuit?

Yes, if obedience to the order may lawfully be enforced against that person, they are subject to the same enforcement process as a party.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:59-3). 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: enforcing an order against a non-party