Defenses (a) (e) and (f) in R. 4:6-2, whether made in an answer or by motion, shall be heard and determined before trial on application of any party, unless the court for good cause orders that the hearing and determination thereof be deferred until the trial. Defenses (b) (c) and (d) in R. 4:6-2 shall be raised by motion within 90 days after service of the answer, provided that defense has been asserted therein and provided, further, that no previous motion to which R. 4:6-6 is applicable has been made.
Rule 4:6-3.Required motions; preliminary hearings
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:6-3 sets when the Rule 4:6-2 defenses are decided — the subject-matter, failure-to-state-a-claim, and necessary-party defenses heard before trial on request, and the jurisdiction-over-the-person, process, and service defenses raised by motion within 90 days after the answer.
Full Text of Rule 4:6-3
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. 4:12-4.
Plain-English Summary
Raising a defense is one thing; getting it decided is another, and this rule sets the timing. The defenses of lack of subject-matter jurisdiction, failure to state a claim, and failure to join a necessary party — defenses (a), (e), and (f) of Rule 4:6-2 — are heard and decided before trial on any party’s application, unless the court for good cause defers them to trial.
The more technical defenses move faster. Lack of personal jurisdiction, insufficiency of process, and insufficiency of service — defenses (b), (c), and (d) — must be raised by motion within 90 days after the answer is served, provided the defense was asserted in the answer and no earlier consolidating motion under Rule 4:6-6 was made. Miss that window and Rule 4:6-7 treats them as waived.
Frequently Asked Questions
When must a personal-jurisdiction or service defense be decided?
Defenses (b), (c), and (d) of Rule 4:6-2 must be raised by motion within 90 days after the answer is served, so long as the defense was asserted in the answer.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:6-3). 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: required motionspreliminary hearings90 day motiontiming of defenses