This rule is applicable (a) to all actions in which the court is permitted by rule or by statute to proceed in a summary manner, other than actions for the recovery of penalties which shall be brought pursuant to R. 4:70; and (b) to all other actions in the Superior Court other than matrimonial actions and actions in which unliquidated monetary damages are sought, provided it appears to the court, on motion made pursuant to R. 1:6-3 and on notice to the other parties to the action not in default, that it is likely that the matter may be completely disposed of in a summary manner.
Rule 4:67-1.Applicability
Last amended September 10, 1984 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:67-1 makes the summary-action procedure available to any case a rule or statute already permits to proceed that way, and to other Superior Court cases (excluding matrimonial actions and unliquidated-damage claims) when the court finds, on motion and notice, that the matter can likely be completely resolved summarily.
Full Text of Rule 4:67-1
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. 4:85-1; amended July 24, 1978, to be effective September 11, 1978; amended July 26, 1984 to be effective September 10, 1984.
Plain-English Summary
New Jersey's summary-action track isn't limited to cases a rule already names. It automatically covers any action a rule or statute permits to proceed summarily — other than penalty-recovery actions, which follow their own procedure — and it's also open to other Superior Court cases.
Getting into that second category takes a motion, with notice to the other parties, and a court finding that the matter can likely be completely disposed of in summary fashion; matrimonial actions and cases seeking unliquidated money damages are off the table either way.
Frequently Asked Questions
What kinds of cases can proceed as a summary action in New Jersey?
Any action a rule or statute already permits to proceed summarily, or other Superior Court cases — except matrimonial actions and unliquidated-damage claims — where the court finds the matter can likely be completely resolved that way.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:67-1). 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: summary actionorder to show cause proceedingOTSCOTSC rulewhen can a case proceed summarily