Rule 4:60-1.Definitions

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:60-1 defines 'plaintiff,' 'defendant,' and 'applying claimant' for the attachment rules that follow, tying each term to who applied for or faces the writ of attachment rather than to a party's formal role in the case.

Full Text of Rule 4:60-1

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As used in R. 4:60 “plaintiff” includes any party asserting a claim in a complaint, counterclaim, cross-claim, third-party complaint or any other pleading, upon whose application a writ of attachment is issued. “Defendant” includes any party against whom any such claim is asserted. “Applying claimant” includes any person having a claim against the defendant who shall have been admitted as a party by court order.

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. 4:77-1.

Plain-English Summary

The attachment rules use their own vocabulary. “Plaintiff” means whoever applied for the writ of attachment, whether asserting a claim in a complaint, counterclaim, cross-claim, third-party complaint, or any other pleading. “Defendant” means whoever that claim is asserted against.

A third term covers someone who joins later: an “applying claimant” is a person with a claim against the defendant who has been admitted as a party by court order.

Frequently Asked Questions

What does "plaintiff" mean under New Jersey's attachment rules?

Any party asserting a claim, in any pleading, on whose application a writ of attachment is issued — not necessarily the original plaintiff in the case caption.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:60-1). 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: attachment definitionsapplying claimantwho is the plaintiff in an attachment actionattachment terminology