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Rule 4:69-1.Actions in Superior Court, Law Division

Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:69-1 channels review and relief once available through the old prerogative writs -- when not available under the appellate or Tax Court rules -- into an action in the Law Division captioned 'In Lieu of Prerogative Writs.'

Full Text of Rule 4:69-1

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Review, hearing and relief heretofore available by prerogative writs and not available under R. 2:2-3 or R. 8:2 shall be afforded by an action in the Law Division, Civil Part, of the Superior Court. The complaint shall bear the designation “In Lieu of Prerogative Writs”.

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. 4:88-2 (first sentence), 4:88-3 (second sentence). Amended June 20, 1979 to be effective July 1, 1979; amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

New Jersey retired its old prerogative writs, but the relief they once provided still exists. Review, a hearing, or relief that isn't available directly to the Appellate Division or the Tax Court is instead pursued through an action in the Law Division, Civil Part, of the Superior Court.

That action carries its own label — the complaint has to bear the designation “In Lieu of Prerogative Writs,” identifying it as this particular kind of case.

Frequently Asked Questions

How does someone challenge government action that would once have required a prerogative writ?

By filing an action in the Law Division, Civil Part, captioned “In Lieu of Prerogative Writs,” when that relief isn't available under the appellate or Tax Court rules.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:69-1). 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: action in lieu of prerogative writsprerogative writ actionchallenging government action in New Jerseyprerogative writs