Except where it is manifest that the interest of justice requires otherwise, actions under R. 4:69 shall not be maintainable as long as there is available a right of review before an administrative agency which has not been exhausted.
Rule 4:69-5.Exhaustion of remedies
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:69-5 bars a prerogative-writs action while an unexhausted right of administrative review remains available, unless the interest of justice manifestly requires otherwise.
Full Text of Rule 4:69-5
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. 4:88-14.
Plain-English Summary
Prerogative-writs relief is a last resort, not a first stop. If an administrative agency still offers a right of review that hasn't been used, the action generally can't proceed.
The one escape is a narrow one: the court can allow the action anyway when it's manifest that the interest of justice requires it.
Frequently Asked Questions
Must administrative remedies be exhausted before filing an action in lieu of prerogative writs?
Yes, unless it's manifest that the interest of justice requires otherwise.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:69-5). 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: exhaustion of administrative remedies