(a) Generally. Except as otherwise provided by paragraph (b) of this rule, an action to enforce a civil penalty imposed by any statute or ordinance providing for its collection or enforcement by a civil proceeding shall be brought as a summary action in the Law Division pursuant to R. 4:67 unless the statute requires a plenary action. The complaint may include a count for injunctive or other relief based on the same transaction or series of actions or similar violations as those for which the penalty is sought.
Rule 4:70-1.Applicability; scope
Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:70-1 requires an action to enforce a civil penalty to proceed as a summary action in the Law Division unless the statute demands a plenary action, and routes an administrative agency's own penalty order to the Appellate Division for review instead, once docketed with the same effect as a judgment.
Full Text of Rule 4:70-1
(b) Administrative Orders. If a state administrative agency has assessed a civil penalty after affording the person assessed an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the final order of the agency shall be appealable to the Appellate Division pursuant to R. 2:2-3(a)(2). At the agency’s request, the order shall be docketed by the Clerk of the Superior Court on the civil docket pursuant to R. 4:100 or the civil judgment and order docket, R. 4:101, or both, and shall thereafter have the same effect as a docketed judicial judgment or order.
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. 4:89, 5:2-6(a) (c) (first sentence), 7:13-1, 7:14. Amended July 14, 1972 to be effective September 5, 1972; former rule redesignated paragraph (a) and paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (a); amended July 12, 2002 to be effective September 3, 2002; caption; amended, captions added to paragraphs (a) and (b), former text of paragraphs (a) and (b) deleted, and new text for paragraphs (a) and (b) adopted July 28, 2004 to be effective September 1, 2004.
Plain-English Summary
Collecting a civil penalty a statute or ordinance authorizes generally moves through the summary-action track in the Law Division, not a full plenary case — unless the statute itself insists on one. The complaint can tack on a request for an injunction or other relief tied to the same conduct or similar violations.
When a state administrative agency assesses the penalty itself, after giving the person a hearing under the Administrative Procedure Act, the case takes a different path entirely: the agency's final order goes to the Appellate Division for review, and at the agency's request, gets docketed with the Clerk of the Superior Court, giving it the same force as a judgment already entered in court.
Frequently Asked Questions
How is a civil penalty enforced in New Jersey court?
Generally as a summary action in the Law Division, unless the authorizing statute requires a plenary action instead.
What happens to a civil penalty a state agency assesses after its own hearing?
The agency's final order is reviewable by the Appellate Division, and once docketed at the agency's request, it has the same effect as a judgment.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:70-1). 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: civil penalty enforcement action