If the court orders separate trials as provided by R. 4:38-2, judgment on a counterclaim or cross-claim may be rendered in accordance with R. 4:42-2 (judgment upon multiple claims) even if the claims of the opposing party have not been dismissed or otherwise disposed of.
Rule 4:7-7.Separate trials; separate judgment
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:7-7 permits a separate judgment on a counterclaim or cross-claim, entered under the multiple-claims judgment rule, even when the opposing party's claims have not yet been resolved.
Full Text of Rule 4:7-7
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. 4:13-8.
Plain-English Summary
Claims in a case need not all finish together. Where the court orders separate trials under Rule 4:38-2, this rule allows judgment to be entered on a counterclaim or cross-claim on its own.
The judgment is entered in accordance with Rule 4:42-2, which governs judgment on multiple claims. It may be rendered even if the opposing party’s claims have not been dismissed or otherwise disposed of, so a resolved side claim can proceed to judgment without waiting.
Frequently Asked Questions
Can a counterclaim be reduced to judgment before the main claim is resolved?
Yes. Where separate trials are ordered under Rule 4:38-2, judgment on a counterclaim or cross-claim may be entered under Rule 4:42-2 even though the opposing party’s claims remain undecided.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:7-7). 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: separate judgmentseparate trials counterclaimjudgment on counterclaim