Rule 4:6-5.Motion to strike for insufficiency

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

In one sentenceRule 4:6-5 lets the court strike a defense that is insufficient in law, on a party's motion made before responding (or within 20 days where no response is allowed) or on the court's own initiative at any time.

Full Text of Rule 4:6-5

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On motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, on motion made within 20 days after the service of the pleading upon the party, or upon the court’s own initiative at any time, the court may order stricken from any pleading any defense insufficient in law.

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. 4:12-6. Caption and text amended November 2, 1987 to be effective January 1, 1988; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A defense that could not succeed as a matter of law does not belong in the case, and this rule lets the court remove it. A party may move to strike an insufficient defense before responding to the pleading that contains it, or, where no responsive pleading is permitted, within 20 days after that pleading is served.

The court is not limited to acting on a motion. It may order an insufficient defense stricken on its own initiative at any time, keeping the case focused on defenses that have legal substance.

Frequently Asked Questions

How do you challenge a legally insufficient defense?

By moving to strike it under Rule 4:6-5 — before responding to the pleading, or within 20 days where no response is allowed. The court may also strike an insufficient defense on its own initiative at any time.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:6-5). 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: motion to strike defenseinsufficient defensestrike for insufficiency