Upon or after the filing of the complaint, the plaintiff may, by order to show cause or motion supported by affidavit, and with briefs, apply for ad interim relief by way of stay, restraint or otherwise as the interest of justice requires, which relief may be granted by the court with or without terms. When necessary, temporary relief may be granted without notice in accordance with R. 4:52-1.
Rule 4:69-3.Motion to Law Division for Stay
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:69-3 lets a plaintiff in a prerogative-writs action apply, by order to show cause or motion, for interim relief such as a stay or restraint, including temporary relief without notice when necessary.
Full Text of Rule 4:69-3
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. 4:88-5.
Plain-English Summary
Waiting for a full hearing isn't always an option, so the prerogative-writs rules let a plaintiff seek interim protection right away. On or after filing the complaint, the plaintiff may apply, by order to show cause or motion with affidavit and briefs, for a stay, restraint, or other relief the interest of justice requires, and the court can grant it with or without conditions.
When speed matters most, that relief can even come without notice to the other side, following the same procedure the general temporary-restraints rule allows.
Frequently Asked Questions
Can a plaintiff get emergency relief while an action in lieu of prerogative writs is pending?
Yes, by order to show cause or motion, including temporary relief without notice when necessary.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:69-3). 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: interim relief in prerogative writs actionstay pending prerogative writs review