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Rule 4:7-3.Counterclaim maturing or acquired after pleading

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:7-3 allows a claim that matured or was acquired after the pleading was served to be presented as a counterclaim by supplemental pleading, with leave of court.

Full Text of Rule 4:7-3

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A claim which either matured or was acquired by the pleader after service of the pleading may, by leave of court, be presented as a counterclaim by supplemental pleading.

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. 4:13-4; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Claims do not always exist when the pleadings are filed. This rule addresses a claim that matured or was acquired by the pleader only after the pleading was served. Such a claim may be brought into the case as a counterclaim.

The route is a supplemental pleading, and it takes the court’s leave. That keeps the later-arising claim within the same action rather than forcing a separate suit.

Frequently Asked Questions

Can you add a counterclaim that arose after you answered?

Yes. A claim that matured or was acquired after the pleading was served may be presented as a counterclaim by supplemental pleading, with leave of court.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:7-3). 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: counterclaim maturing after pleadingafter-acquired counterclaimsupplemental counterclaim