If the complaint demands the performance of a ministerial act or duty, the plaintiff may, at any time after the filing of the complaint, by motion supported by affidavit and with briefs, apply for summary judgment.
Rule 4:69-2.Motion for summary judgment
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:69-2 lets a plaintiff in a prerogative-writs action seeking a ministerial act move for summary judgment at any time after filing, supported by affidavit and briefs.
Full Text of Rule 4:69-2
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. 4:88-4.
Plain-English Summary
When a prerogative-writs complaint demands nothing more than a ministerial act or duty, the plaintiff doesn't have to wait for the case to develop. A motion for summary judgment, backed by affidavit and briefs, can be filed at any time after the complaint itself.
Frequently Asked Questions
When can a plaintiff move for summary judgment in an action in lieu of prerogative writs?
At any time after filing the complaint, if the complaint demands the performance of a ministerial act or duty.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:69-2). 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 judgment in prerogative writs action