If in any such action judgment is sought either for failure of the defendant to plead or appear at trial or upon the filing of a disclaimer or the withdrawal of an answer, the allegations of the complaint may, if the court permits, be proved by affidavit.
Rule 4:62-4.Judgment by default or for failure to appear
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:62-4 lets a quiet title plaintiff prove the complaint's allegations by affidavit, if the court permits, when judgment is sought on a defendant's default, disclaimer, or withdrawn answer.
Full Text of Rule 4:62-4
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. 4:80-4; amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Proving up a quiet title judgment doesn't always require live testimony. When judgment is sought because the defendant failed to plead or appear at trial, or because a disclaimer was filed or an answer withdrawn, the court may allow the plaintiff to prove the complaint's allegations by affidavit instead.
Frequently Asked Questions
Can a quiet title judgment be proved by affidavit instead of testimony?
Yes, if the court permits, when judgment is sought based on the defendant's default, a filed disclaimer, or a withdrawn answer.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:62-4). 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: quiet title default judgment