Every defense, legal or equitable, in law or fact, to a claim for relief in any complaint, counterclaim, cross-claim, or third-party complaint shall be asserted in the answer thereto, except that the following defenses, unless otherwise provided by R. 4:6-3, may at the option of the pleader be made by motion, with briefs: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, (f) failure to join a party without whom the action cannot proceed, as provided by R. 4:28-1. If a motion is made raising any of these defenses, it shall be made before pleading if a further pleading is to be made. No defense or objection is waived by being joined with one or more other defenses in an answer or motion. Special appearances are superseded. A motion to dismiss based on defense (e), and any opposition thereto, shall be filed and served in accordance with the time frames set forth in R. 4:46-1. If, on a motion to dismiss based on defense (e), matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable notice of the court’s intention to treat the motion as one for summary judgment and a reasonable opportunity to present all material pertinent to such a motion.
Rule 4:6-2.How Presented
Last amended September 1, 2020 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:6-2 lets a defendant raise six specified defenses — including lack of jurisdiction and failure to state a claim — by motion instead of in the answer, and converts a failure-to-state-a-claim motion into one for summary judgment when matters outside the pleading are considered.
Full Text of Rule 4:6-2
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. 4:12-2 (first, second, and fourth sentences); amended July 23, 2010 to be effective September 1, 2010; amended July 27, 2018 to be effective September 1, 2018; amended July 31, 2020 to be effective September 1, 2020.
Plain-English Summary
This is New Jersey’s motion-to-dismiss rule. Every defense generally goes in the answer, but six may instead be raised by motion, with briefs: (a) lack of subject-matter jurisdiction, (b) lack of personal jurisdiction, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim on which relief can be granted, and (f) failure to join a party the case cannot proceed without. Joining these defenses together waives none of them, and the old practice of special appearances is gone.
The failure-to-state-a-claim motion under (e) is the New Jersey counterpart to a motion to dismiss for legal insufficiency. It follows the summary-judgment timeframes of Rule 4:46-1, and if the court considers material outside the pleading, the motion is converted into one for summary judgment and the parties get notice and a chance to present pertinent material. That conversion is what separates a pleadings-stage dismissal from a merits ruling on the evidence.
Frequently Asked Questions
How do you file a motion to dismiss in New Jersey?
Under Rule 4:6-2, by raising one of the six listed defenses by motion with briefs instead of answering. The most common is defense (e), failure to state a claim on which relief can be granted, filed on the summary-judgment timeframes of Rule 4:46-1.
What happens if the court looks beyond the complaint on a motion to dismiss?
If matters outside the pleading are presented and not excluded, a failure-to-state-a-claim motion is treated as one for summary judgment under Rule 4:46, and all parties get reasonable notice and an opportunity to present pertinent material.
Does raising several defenses together waive any of them?
No. The rule says no defense or objection is waived by being joined with others in an answer or motion. Timing limits on certain defenses are handled by Rules 4:6-3 and 4:6-7.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:6-2). 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: motion to dismissMTD12(b)(6) motionfailure to state a claimhow presentedlack of jurisdictioninsufficiency of serviceconversion to summary judgment