Defenses (b) (c) and (d) in R. 4:6-2 are waived if not raised by motion pursuant to R. 4:6-3 or if omitted from a previously made motion in which R. 4:6-6 is applicable. Defenses (e) and (f) and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered, or by motion for summary judgment or at the trial on the merits. Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the matter except as otherwise provided by R. 1:13-4.
Rule 4:6-7.Waiver or preservation of defenses
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:6-7 sets which defenses are waived and which survive: the personal-jurisdiction, process, and service defenses are lost if not timely raised, while failure to state a claim, failure to join a necessary party, and lack of subject-matter jurisdiction can be raised late or never waived.
Full Text of Rule 4:6-7
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. 4:12-8.
Plain-English Summary
Not all defenses are treated alike when it comes to waiver. The defenses of lack of personal jurisdiction, insufficiency of process, and insufficiency of service — (b), (c), and (d) of Rule 4:6-2 — are waived if not raised by a timely motion under Rule 4:6-3 or if left out of an earlier consolidating motion. These are the defenses a party must assert early or lose.
Others are more durable. Failure to state a claim, failure to join a necessary party, and the objection that a pleading states no legal defense may be raised in any permitted pleading, by summary-judgment motion, or at trial. And lack of subject-matter jurisdiction is never waived: whenever it appears, the court must dismiss, except as Rule 1:13-4 allows a transfer instead.
Frequently Asked Questions
Which defenses are waived if not raised early?
Lack of personal jurisdiction, insufficiency of process, and insufficiency of service — defenses (b), (c), and (d) — are waived if not raised by a timely motion under Rule 4:6-3 or omitted from an earlier consolidating motion.
Can lack of subject-matter jurisdiction be raised at any time?
Yes. Subject-matter jurisdiction is never waived. Whenever it appears the court lacks it, the court must dismiss, except that Rule 1:13-4 may allow the matter to be transferred instead.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:6-7). 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: waiver of defensespreservation of defensessubject matter jurisdiction not waivedwaived defenses