No writ of attachment shall issue against a defendant who has been arrested upon a writ of capias ad respondendum or ne exeat in the same action, and no order to hold to bail shall be made as to a defendant whose property shall have been attached under a writ issued in the same action, unless the court shall determine upon proof, with or without notice to the defendant, that the second writ is not oppressive and is required in the interest of justice under the special circumstances of the case. If the second writ is issued without notice, the order therefor shall provide that defendant may move to vacate it on not more than 2 days’ notice to the plaintiff.
Rule 4:60-4.Attachment and arrest
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:60-4 bars combining an arrest writ and an attachment writ against the same defendant in the same action unless the court finds, under special circumstances, that the second writ is not oppressive and is required in the interest of justice.
Full Text of Rule 4:60-4
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. 4:77-6.
Plain-English Summary
A plaintiff generally doesn't get to both arrest a defendant and attach that defendant's property in the same action. If a defendant has already been arrested under a capias ad respondendum or ne exeat writ, no attachment writ issues against that person, and if property has already been attached, no order to hold that defendant to bail follows — unless the court finds, based on proof and the case's special circumstances, that the second writ isn't oppressive and is required in the interest of justice.
When the court does allow that second writ without notice to the defendant, the order has to build in an escape hatch: the defendant may move to vacate it on no more than two days' notice to the plaintiff.
Frequently Asked Questions
Can a New Jersey plaintiff both arrest a defendant and attach that defendant's property in the same action?
Only if the court determines, based on proof and the special circumstances of the case, that the second writ is not oppressive and is required in the interest of justice.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:60-4). 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: combined attachment and arrestsecond writ not oppressive