When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the counterclaim may be set up by leave of court by amendment.
Rule 4:7-4.Omitted counterclaim
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:7-4 allows a counterclaim omitted through oversight, inadvertence, or excusable neglect — or where justice requires — to be added later by leave of court by amendment.
Full Text of Rule 4:7-4
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. 4:13-5; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Parties sometimes overlook a counterclaim they could have raised. This rule provides relief when the omission resulted from oversight, inadvertence, or excusable neglect, or when justice otherwise requires. The omitted counterclaim is not necessarily lost.
The mechanism is an amendment allowed by leave of court. It works with the liberal amendment practice of Rule 4:9-1 to let a party assert a claim that belonged in the case from the start.
Frequently Asked Questions
What if you forgot to plead a counterclaim?
Where the omission was through oversight, inadvertence, or excusable neglect, or where justice requires, the counterclaim may be added later by leave of court by amendment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:7-4). 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: omitted counterclaimadding a counterclaimexcusable neglect counterclaim