A motion by a party in interest pursuant to N.J.S.A. 2A:15-7(b) shall be heard on no fewer than 10 days notice to the party filing the notice of lis pendens, who shall file and serve any opposing affidavits at least four days prior to the return date. The motion shall be determined on the pleadings, affidavits and any testimony taken by leave of court, which may be applied for ex parte, pursuant to R. 1:6-6. If testimony is allowed, it shall be taken expeditiously. The motion shall be decided within 10 days following the conclusion of the hearing.
Rule 4:63A.Motion and hearing on filing of notice of lis pendens
Last amended September 12, 1983 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:63A requires a motion to discharge a notice of lis pendens to be heard on at least 10 days' notice to the filer, decided on the papers (and any court-permitted testimony) within 10 days after the hearing concludes.
Full Text of Rule 4:63A
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.
Adopted July 22, 1983 to be effective September 12, 1983.
Plain-English Summary
Challenging a lis pendens notice moves on a defined timetable. The party who filed it gets at least 10 days' notice of the motion, and has to file and serve any opposing affidavits at least four days before the return date.
The court decides the motion on the pleadings and affidavits, plus any testimony it allows — which a party may even seek permission for ex parte — and once that hearing wraps up, the court has 10 days to rule.
Frequently Asked Questions
How quickly must a court rule on a motion challenging a lis pendens notice?
Within 10 days after the hearing concludes.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:63A). 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: lis pendens motiondischarging a lis pendens